S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5108

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M. of A. CROUCH -- Multi-Sponsored by -- M. of A. FINCH,
  HAWLEY, RAIA -- read once and referred to the Committee on Agriculture

AN ACT to amend the  agriculture  and  markets  law,  the  environmental
  conservation  law  and  the  tax  law, in relation to establishing the
  equine industry assistance act of 2009, including the New  York  horse
  grazing program and providing an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be  cited  as  the  "equine
industry assistance act of 2009".
  S  2.  Legislative  findings and intent. The legislature hereby recog-
nizes that the equine industry is a serious,  economically  diverse  and
productive  industry  that  is  vital to New York, and has a substantial
impact on the state's economy. In addition to the pleasure  that  horses
bring  to  the  citizens of this state, the horse industry affords full-
time jobs, provides value-added services and recreation, and the  visual
beauty of New York's horse farms should be protected and enhanced.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 23-a to read as follows:
  S 23-A. EQUINE INDUSTRY WEBPAGE. 1. WITHIN ONE YEAR OF  THE  EFFECTIVE
DATE OF THIS SECTION:
  (A)  THE DEPARTMENT SHALL PROVIDE FREE PUBLIC ACCESS, VIA THE INTERNET
DATA SYSTEM, PURSUANT TO THE MECHANISM ESTABLISHED BY THE  COMMISSIONER,
TO INFORMATION IMPORTANT TO THE EQUINE INDUSTRY, INCLUDING:
  (1) DEPARTMENT PROGRAMS RELEVANT TO THE EQUINE INDUSTRY;
  (2) HORSE DISEASES;
  (3) REGULATIONS RELEVANT TO THE EQUINE INDUSTRY;
  (4) STATISTICS ON THE EQUINE INDUSTRY IN THE STATE;
  (5) FUNDING OPPORTUNITIES;
  (6) A LINK TO THE FARM FRESH DIRECTORY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08071-01-9

              

A. 5108                             2

  (7)  A  DIRECTORY, TO BE DEVELOPED IN CONSULTATION WITH THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION AND THE OFFICE OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION,  OF  AVAILABLE PUBLIC HORSEBACK RIDING TRAILS IN
THE STATE; AND
  (8) OTHER INFORMATION AS DEEMED NECESSARY BY THE COMMISSIONER.
  (B)  THE  COMMISSIONER SHALL POST THE INFORMATION PROVIDED PURSUANT TO
THIS SUBDIVISION ON THE DEPARTMENT'S WEBSITE AND A LINK TO SUCH INFORMA-
TION SHALL BE CONSPICUOUSLY DISPLAYED ON THE DEPARTMENT'S HOMEPAGE.  THE
DEPARTMENT  SHALL PROVIDE UPDATES TO ITS LISTS AT SUCH TIMES AND IN SUCH
MANNER AS THE COMMISSIONER SHALL REQUIRE.
  2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, A  DIRECTORY
OF RIDING STABLES AND TRAILS SHALL BE INCLUDED AS PART OF THE FARM FRESH
DIRECTORY  AVAILABLE ON THE DEPARTMENT'S WEBSITE. THE COMMISSIONER SHALL
PROMULGATE RULES FOR THE ACCEPTANCE OF INFORMATION ON RIDING STABLES AND
TRAILS LOCATED IN THE STATE, PROVIDED THAT EVENT  INFORMATION  SHALL  BE
ACCEPTED BY THE DEPARTMENT YEAR ROUND AND THAT SUCH INFORMATION SHALL BE
PROVIDED TO THE PUBLIC FREE OF CHARGE VIA THE INTERNET DATA SYSTEM WITH-
IN ONE WEEK OF RECEIPT OF SUCH INFORMATION.
  3. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS ARE
NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
  4.  NOTHING  CONTAINED  IN THIS SECTION SHALL ABRIDGE PUBLIC ACCESS TO
INFORMATION CURRENTLY AVAILABLE OR PERMITTED BY ANY OTHER  PROVISION  OR
RULE OF LAW.
  S  4. The agriculture and markets law is amended by adding a new arti-
cle 24-A to read as follows:

                              ARTICLE 24-A
                     NEW YORK HORSE GRAZING PROGRAM
SECTION 291.   SHORT TITLE.
        291-A. LEGISLATIVE INTENT.
        291-B. DEFINITIONS.
        291-C. NEW YORK HORSE GRAZING PROGRAM.
        291-D. MATCHING GRANT PROGRAM.

  S 291. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "NEW YORK HORSE GRAZING ACT OF 2009".
  S  291-A. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS, DETERMINES
AND DECLARES THAT THE NEW YORK EQUINE INDUSTRY HAS A SUBSTANTIAL  IMPACT
ON THE OVERALL ECONOMIC HEALTH AND WELL-BEING OF THE STATE AND THE GRAZ-
ING  PASTURES  USED  BY  HORSES PROVIDES AN AESTHETICALLY PLEASING LAND-
SCAPE.   THE ABILITY OF FARMERS WITHIN  THE  STATE  TO  EFFICIENTLY  AND
EFFECTIVELY  GRAZE HORSES ON THE FARM USING THE BEST KNOWN METHODS WOULD
PROVIDE THEM WITH A SUBSTANTIAL COMPETITIVE ADVANTAGE AND HELP  THEM  TO
REMAIN  VIABLE  IN  THE  FUTURE.  IT  IS IN THE INTEREST OF THE STATE TO
PROVIDE PROGRAMS THAT WOULD ASSIST COMMERCIAL  HORSE  OPERATIONS  WITHIN
THE  STATE  BY PROVIDING INCENTIVES FOR TECHNICAL ASSISTANCE PROGRAMS TO
HELP FARMERS GRAZE HORSES IN THE MOST EFFECTIVE WAY POSSIBLE.
  S 291-B. DEFINITIONS. FOR PURPOSES  OF  THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "PROGRAM" SHALL MEAN THE NEW YORK HORSE GRAZING PROGRAM.
  2.  "HORSE"  SHALL  HAVE THE SAME DEFINITION AS IN SUBDIVISION FOUR OF
SECTION NINETY-B OF THIS CHAPTER.
  3. "GRAZING" SHALL MEAN FEEDING ON GRASS, OR OTHER  PLANT  CROP  IN  A
FIELD.
  4. "APPLICANT" SHALL MEAN ANY ASSOCIATION, COOPERATIVE, CORPORATION OR
LIMITED  LIABILITY  COMPANY THAT PROVIDES TECHNICAL ASSISTANCE TO A FARM

A. 5108                             3

OPERATION OR A COMMERCIAL HORSE BOARDING OPERATION  AS  SUCH  OPERATIONS
ARE DEFINED IN SECTION THREE HUNDRED ONE OF THIS CHAPTER.
  S 291-C. NEW YORK HORSE GRAZING PROGRAM. THE COMMISSIONER SHALL INITI-
ATE  AND MAINTAIN A NEW YORK HORSE GRAZING PROGRAM WITHIN THE DEPARTMENT
FOR THE PURPOSE OF PROVIDING TECHNICAL ASSISTANCE TO APPLICANTS FOR  THE
PURPOSE  OF  GRAZING HORSES. THE PROGRAM SHALL PROVIDE FINANCIAL ASSIST-
ANCE IN THE FORM OF MATCHING GRANTS TO APPLICANTS FOR THE  ESTABLISHMENT
OR  IMPROVEMENT  OF  TECHNICAL ASSISTANCE PROGRAMS THAT ASSIST OPERATORS
WITH INCORPORATING THE BEST HORSE GRAZING PRACTICES.
  S 291-D. MATCHING GRANT PROGRAM.    SUBJECT  TO  THE  AVAILABILITY  OF
FUNDS,  A  MATCHING GRANT PROGRAM IS HEREBY ESTABLISHED TO HELP FUND THE
COSTS OF IMPROVEMENTS THAT WOULD ALLOW AN  ELIGIBLE  APPLICANT  TO  MAKE
IMPROVEMENTS  TO  ITS OPERATION FOR THE PURPOSE OF PROVIDING FOR ON-SITE
VALUE ADDED PROCESSING OF AGRICULTURAL PRODUCTS.    GRANTS  TO  ELIGIBLE
APPLICANTS SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS.
  S 5. Section 326 of the agriculture and markets law, as added by chap-
ter 797 of the laws of 1992, is amended to read as follows:
  S 326. Promulgation  of  rules  and  regulations.  The commissioner is
empowered to promulgate such rules and regulations and to prescribe such
forms as he or she deems necessary to effectuate the  purposes  of  this
article,  PROVIDED  SUCH  RULES  MUST INCLUDE REGULATIONS TO PREVENT THE
ESTABLISHMENT OF NEW, COMMERCIAL HORSE BOARDING OPERATIONS  ON  LAND  ON
WHICH  STATE  FUNDS  WERE USED FOR COUNTY AGRICULTURAL PROTECTION ACTIV-
ITIES.
  S 6. Subdivision 2 of section 9-0105 of the environmental conservation
law, as amended by chapter 351 of the laws of 1983, is amended  to  read
as follows:
  2.  Consistent with the provisions of section 9-0109 of this [chapter]
TITLE, establish, acquire, control  and  manage  state  parks,  historic
sites and parkways in the forest preserve counties within the sixth park
region  as  defined  in  section  41-0101 OF THIS CHAPTER and to acquire
lands for such purposes when moneys  have  been  appropriated  therefor,
PROVIDED  THAT  HORSE  TRAILS ARE CONSIDERED AS A PRACTICAL RECREATIONAL
USE WHENEVER THE DEPARTMENT DEVELOPS OR UPDATES THE MANAGEMENT PLAN  FOR
A STATE PARK, HISTORIC SITE OR PARKWAY.
  S 7. Paragraph (i) of subdivision 22 of section 210 of the tax law, as
amended  by  section  6  of part K of chapter 62 of the laws of 2006, is
amended to read as follows:
  (i) Special rules. For purposes of this subdivision, the term "federal
gross  income  from  farming"  shall  include  gross  income  from   the
production of maple syrup, cider, Christmas trees derived from a managed
Christmas  tree  operation whether dug for transplanting or cut from the
stump, or from a commercial  horse  boarding  operation  as  defined  in
subdivision thirteen of section three hundred one of the agriculture and
markets  law, ON LAND ON WHICH STATE FUNDS WERE USED FOR COUNTY AGRICUL-
TURAL PROTECTION ACTIVITIES, or from the sale of wine  from  a  licensed
farm  winery  as  provided  for in article six of the alcoholic beverage
control law.
  S 8. Paragraph 8 of subsection (n) of section 606 of the tax  law,  as
amended  by  section  3  of part K of chapter 62 of the laws of 2006, is
amended to read as follows:
  (8) Special rules. For purposes of this subsection, the term  "federal
gross   income  from  farming"  shall  include  gross  income  from  the
production of maple syrup, cider, Christmas trees derived from a managed
Christmas tree operation whether dug for transplanting or cut  from  the
stump,  or  from  a  commercial  horse  boarding operation as defined in

A. 5108                             4

subdivision thirteen of section three hundred one of the agriculture and
markets law, EXCEPT THOSE ESTABLISHED ON LAND ON WHICH STATE FUNDS  WERE
USED  FOR COUNTY AGRICULTURAL PROTECTION ACTIVITIES, or from the sale of
wine  from  a licensed farm winery as provided for in article six of the
alcoholic beverage control law.
  S 9. The sum of two hundred fifty thousand dollars ($250,000),  or  so
much  thereof as may be necessary, is hereby appropriated to the depart-
ment of agriculture and markets out of any moneys in the state  treasury
in  the  general  fund  to the credit of the state purposes account, not
otherwise appropriated and made immediately available to establish a New
York horse grazing program pursuant to article 24-A of  the  agriculture
and markets law.
  S  10. This act shall take effect immediately; provided, however, that
section four of this act shall take effect on the one hundred  eightieth
day  after it shall have become a law. Effective immediately the commis-
sioner of agriculture and markets is authorized to  promulgate  any  and
all  rules  and  regulations  necessary for the timely implementation of
section four of this act  on  or  before  the  effective  date  of  such
section.