Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.
STATE OF NEW YORK
________________________________________________________________________
1056--A
2023-2024 Regular Sessions
IN SENATE
January 9, 2023
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the agriculture and markets law, in relation to land
used in agricultural production
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 301 of the agriculture and markets
2 law is amended by adding two new paragraphs o and p to read as follows:
3 o. Land that is owned or rented as a farm operation for the preceding
4 two years for the production for sale of crops, livestock or livestock
5 products, that consists of (1) not less than seven acres and an annual
6 gross sales value of five thousand dollars or more; or (2) less than
7 seven acres and an annual gross sales value of thirty-five thousand
8 dollars or more. Such farm operation shall also be able to establish
9 that the farm operation will meet the gross sales value requirements
10 described in paragraph f of this subdivision within three years of
11 attaining an agricultural assessment. The commissioner or the advisory
12 board established pursuant to section three hundred nine-a of this arti-
13 cle shall create a set of metrics and considerations used by assessors
14 to determine whether the farm operation will meet such gross sales value
15 requirement within three years. Assessors shall use such metrics and
16 considerations and shall give special consideration to farm operations
17 that were awarded any state or federal grants, in particular grants for
18 beginning farmers and grants for economically and socially disadvantaged
19 farmers. The commissioner or the advisory board established pursuant to
20 section three hundred nine-a of this article shall monitor the farm
21 operation's progress, as well as connect to resources to ensure the farm
22 operation meets the gross sales value requirement within the time allot-
23 ted. Land that receives an agricultural assessment and is unable to meet
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04380-04-3
S. 1056--A 2
1 the required gross sales value within three years as described in this
2 paragraph shall no longer be considered land used in agricultural
3 production pursuant to this subdivision.
4 p. Land of not less than seven acres that is owned or rented by a
5 newly established farm operation for the production for sale of crops,
6 livestock or livestock products in its first or second year of agricul-
7 tural production, which does not independently satisfy the gross sales
8 value requirement, but is able to establish that the farming operation
9 will meet the gross sales value requirements described in paragraph f of
10 this subdivision within five years of attaining an agricultural assess-
11 ment. The commissioner or the advisory board established pursuant to
12 section three hundred nine-a of this article shall create a set of
13 metrics and considerations used by assessors to determine whether the
14 farm operation will meet such gross sales value requirement within five
15 years. Assessors shall use such metrics and considerations and shall
16 give special consideration to farm operations that were awarded any
17 state or federal grants, in particular grants for beginning farmers and
18 grants for economically and socially disadvantaged farmers. The commis-
19 sioner or the advisory board established pursuant to section three
20 hundred nine-a of this article shall monitor the farm operation's
21 progress as well as connect to resources to ensure the farm operation
22 meets the gross sales value requirement within the time allotted. Land
23 that receives an agricultural assessment and is unable to meet the
24 required gross sales value in five years as described in this paragraph
25 shall no longer be considered land used in agricultural production
26 pursuant to this subdivision.
27 § 2. This act shall take effect one year after it shall have become a
28 law and shall apply to assessment rolls prepared on the basis of a taxa-
29 ble status date occurring on or after such date. Effective immediately,
30 the addition, amendment and/or repeal of any rule or regulation neces-
31 sary for the implementation of this act on its effective date are
32 authorized to be made and completed on or before such effective date.