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

                                 7037--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             April 30, 2013
                               ___________

Introduced  by  M. of A. SANTABARBARA, BARRETT -- read once and referred
  to the Committee on Agriculture -- recommitted  to  the  Committee  on
  Agriculture  in  accordance  with Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the agriculture and markets law and the New  York  state
  urban  development  corporation  act,  in relation to creating a small
  farm modernization fund

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 47 to read as follows:
  47. COOPERATE WITH THE EMPIRE STATE DEVELOPMENT CORPORATION TO DEVELOP
A SMALL FARM MODERNIZATION FUND PROGRAM TO PROVIDE GRANTS TO FARMERS FOR
THE  PURPOSES  OF  MODERNIZING THEIR FARM AND FARM PRACTICES, INCLUDING,
BUT NOT  LIMITED  TO,  INFRASTRUCTURE,  EQUIPMENT,  CROPS,  ANIMALS  AND
MARKETING OF FARM PRODUCTS. SUCH MODERNIZATION MAY ALSO INCLUDE UPDATING
AND IMPROVING AGRICULTURAL ENVIRONMENTAL MANAGEMENT, AS DEFINED IN ARTI-
CLE  ELEVEN-A  OF THIS CHAPTER, PRACTICES, EQUIPMENT AND INFRASTRUCTURE.
FARM MODERNIZATION IS ESPECIALLY IMPORTANT  FOR  FARMS  THAT  ARE  BEING
TRANSITIONED  FROM LONG-TIME OWNERS TO NEW OWNERS AND BEGINNING FARMERS.
FOR THE PURPOSES OF THIS PROGRAM THE TERM "SMALL FARM" SHALL MEAN A FARM
OF ONE HUNDRED FIFTY ACRES OR LESS.
  S 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
New York state urban development corporation act, is amended by adding a
new section 16-x to read as follows:
  S 16-X. SMALL FARM MODERNIZATION FUND. 1. THE SMALL FARM MODERNIZATION
FUND IS HEREBY CREATED. THE PURPOSE OF THE SMALL FARM MODERNIZATION FUND
IS  TO MAKE GRANTS TO ELIGIBLE APPLICANTS FOR MODERNIZING THEIR FARM AND
FARM PRACTICES, INCLUDING, BUT NOT LIMITED  TO,  INFRASTRUCTURE,  EQUIP-
MENT, CROPS, ANIMALS, AND MARKETING OF FARM PRODUCTS. SUCH MODERNIZATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09997-05-4
              

A. 7037--A                          2

MAY  ALSO  INCLUDE  UPDATING  AND  IMPROVING  AGRICULTURAL ENVIRONMENTAL
MANAGEMENT, AS DEFINED  IN  ARTICLE  ELEVEN-A  OF  THE  AGRICULTURE  AND
MARKETS LAW, PRACTICES, EQUIPMENT AND INFRASTRUCTURE. FARM MODERNIZATION
IS  ESPECIALLY  IMPORTANT  FOR  FARMS  THAT  ARE BEING TRANSITIONED FROM
LONG-TIME OWNERS TO NEW OWNERS AND BEGINNING FARMERS.
  2. THE CORPORATION SHALL CONSULT WITH THE  DEPARTMENT  OF  AGRICULTURE
AND  MARKETS  IN ORDER TO ESTABLISH SUCH CRITERIA GOVERNING THE AWARD OF
GRANTS AS AUTHORIZED BY  THIS  SECTION,  AS  THE  CORPORATION  AND  SUCH
DEPARTMENT  DEEM  NECESSARY.  SUCH  CRITERIA  SHALL  INCLUDE, BUT NOT BE
LIMITED TO:
  (A) FARMERS WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE  IN  THE
PRODUCTION OF AN AGRICULTURAL PRODUCT WITHIN A REGION OF THE STATE;
  (B)  FARMERS  WHO  DEMONSTRATE  INNOVATIVE PLANS FOR MODERNIZING THEIR
FARMS THAT WOULD RESULT IN THE GROWTH OF BUSINESS WITHIN THE  STATE  AND
THE CONCOMITANT CREATION OF JOBS AND TAX REVENUES FOR THE STATE; AND
  (C) FARMS OF ONE HUNDRED FIFTY ACRES OR LESS.
  3. THE CORPORATION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE EVAL-
UATION  OF APPLICANTS FOR THE SMALL FARM MODERNIZATION FUND. WHEN AWARD-
ING FUNDS PURSUANT TO THIS SECTION, THE CORPORATION  SHALL  ENSURE  THAT
APPLICANTS  MEET THE CRITERIA AND REQUIREMENTS ESTABLISHED BY THE CORPO-
RATION PURSUANT TO THIS SECTION.
  4. THE SMALL FARM MODERNIZATION FUND SHALL NOT INVEST AN AMOUNT IN ANY
SINGLE BENEFICIARY THAT EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, SUBJECT TO
ANY EXCEPTIONS TO BE ESTABLISHED BY GUIDELINES OF THE CORPORATION.
  5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  THE  CORPO-
RATION  MAY  ESTABLISH  A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH
FUND ANY ELIGIBLE FUNDS AVAILABLE TO THE CORPORATION  FROM  ANY  SOURCE,
INCLUDING MONEYS APPROPRIATED BY THE STATE.
  6.  THE CORPORATION SHALL SUBMIT A REPORT ANNUALLY ON DECEMBER THIRTY-
FIRST TO THE DIRECTOR OF THE BUDGET,  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE
AND THE MINORITY LEADER OF THE ASSEMBLY DETAILING:
  (A) THE TOTAL AMOUNT OF FUNDS COMMITTED TO EACH APPLICANT;
  (B) THE LOCATION OF EACH APPLICANT; AND
  (C) SUCH OTHER INFORMATION AS THE CORPORATION DEEMS NECESSARY.
  7. THE CORPORATION IS HEREBY AUTHORIZED TO  ESTABLISH  GUIDELINES  FOR
THE  ADMINISTRATION OF THE PROGRAM, INCLUDING APPLICATION PROCEDURES AND
DISBURSEMENT TERMS, AND TO PROVIDE FOR THE REPAYMENT OF  FUNDS  RECEIVED
BY THE BENEFICIARY IF THE BENEFICIARY LEAVES NEW YORK STATE OR OTHERWISE
CEASES FARMING ACTIVITY WITHIN A PERIOD OF TIME TO BE ESTABLISHED BY THE
CORPORATION.
  S  3. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law;  provided,  however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date is authorized to be made and completed on or before such date.