S T A T E O F N E W Y O R K
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4299--A
Cal. No. 406
2013-2014 Regular Sessions
I N S E N A T E
March 20, 2013
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Introduced by Sens. RITCHIE, GIPSON -- (at request of the Department of
Agriculture and Markets) -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the agriculture and markets law and the general munici-
pal law, in relation to soil and water conservation district program
improvements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 322 of the agriculture and markets law is amended
by adding a new subdivision 5 to read as follows:
5. "SOIL AND WATER CONSERVATION DISTRICT" MEANS AN ENTITY AS DEFINED
IN SUBDIVISION ONE OF SECTION THREE OF THE SOIL AND WATER CONSERVATION
DISTRICTS LAW.
S 2. Section 323 of the agriculture and markets law, as amended by
chapter 268 of the laws of 2008, is amended to read as follows:
S 323. State agricultural and farmland protection program. The commis-
sioner shall initiate and maintain a state agricultural and farmland
protection program to provide financial and technical assistance, within
funds available, to counties, municipalities, SOIL AND WATER CONSERVA-
TION DISTRICTS, and not-for-profit conservation organizations for their
agricultural and farmland protection efforts. Activities to be conducted
by the commissioner shall include, but not be limited to:
1. developing guidelines for the creation by counties and munici-
palities of agricultural and farmland protection plans;
2. providing technical assistance to county agricultural and farmland
protection boards, as established in article twenty-five-AA of this
chapter, and municipalities;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08970-02-3
S. 4299--A 2
3. administering state assistance payments to county agricultural and
farmland protection boards [and], municipalities AND SOIL AND WATER
CONSERVATION DISTRICTS;
4. disseminating information to county and municipal governments, SOIL
AND WATER CONSERVATION DISTRICTS, owners of agricultural lands and other
agricultural interests about the state agricultural and farmland
protection program established pursuant to this article;
5. administering state assistance payments to not-for-profit conserva-
tion organizations; and
6. reporting biennially to the governor and the legislature regarding
the activities of the commissioner, the types of technical assistance
rendered to county agricultural and farmland protection boards, munici-
palities, SOIL AND WATER CONSERVATION DISTRICTS and not-for-profit
conservation organizations, and the need to protect the state's agricul-
tural economy and land resources.
S 3. Subdivision 1 of section 325 of the agriculture and markets law,
as amended by chapter 234 of the laws of 2010, is amended to read as
follows:
1. Subject to the availability of funds, a program is hereby estab-
lished to finance through state assistance payments the state share of
the costs of [county and municipal] LOCALLY-LED agricultural and farm-
land protection activities. State assistance payments for planning
activities shall not exceed fifty thousand dollars to each county agri-
cultural and farmland protection board or one hundred thousand dollars
to two such boards applying jointly, and shall not exceed fifty percent
of the cost of preparing an agricultural and farmland protection plan.
State assistance payments for planning activities shall not exceed twen-
ty-five thousand dollars to each municipality other than a county or
fifty thousand dollars to two such municipalities applying jointly, and
shall not exceed seventy-five percent of the cost of preparing an agri-
cultural and farmland protection plan. A county which has an approved
farmland protection plan may after one hundred twenty months from the
date of such approval by the commissioner apply for additional state
assistance payments for planning activities related to the updating of
their current plan or development of a new farmland protection plan.
Such additional state assistance payments shall not exceed fifty thou-
sand dollars to each county agricultural and farmland protection board
or one hundred thousand dollars to two such boards applying jointly, and
shall not exceed fifty percent of the cost of preparing an agricultural
and farmland protection plan. State assistance payments for implementa-
tion of approved agricultural and farmland protection plans may fund up
to seventy-five percent of the cost of implementing the county plan or
portion of the plan for which state assistance payments are requested.
State assistance payments to such counties shall not exceed seventy-five
percent of the cost of implementing the local plan or portion of the
plan for which state assistance has been requested. Such maximum shall
be increased by a percentage equal to the percentage of the total eligi-
ble costs for such specified projects that are contributed by the owner
of the agricultural land for which the project is being funded,
provided, however, that in no event shall the total of such state
assistance payments exceed eighty-seven and one-half percent of such
eligible costs for any specified project.
S 4. Paragraphs (c) and (d) of subdivision 2 of section 325 of the
agriculture and markets law are relettered paragraphs (d) and (e) and a
new paragraph (c) is added to read as follows:
S. 4299--A 3
(C) A SOIL AND WATER CONSERVATION DISTRICT MAY APPLY AND SHALL BE
ELIGIBLE FOR AGRICULTURAL PROTECTION STATE ASSISTANCE PAYMENTS TO IMPLE-
MENT A COUNTY OR MUNICIPAL AGRICULTURAL AND FARMLAND PROTECTION PLAN
APPROVED BY THE COMMISSIONER PROVIDED THAT THE PROPOSED PROJECT IS
ENDORSED FOR FUNDING BY THE COUNTY AGRICULTURAL AND FARMLAND PROTECTION
BOARD FOR THE COUNTY IN WHICH THE PROPOSED PROJECT IS LOCATED. A SOIL
AND WATER CONSERVATION DISTRICT, TWO SUCH SOIL AND WATER CONSERVATION
DISTRICTS ACTING JOINTLY, A SOIL AND WATER CONSERVATION DISTRICT AND A
MUNICIPALITY ACTING JOINTLY, OR A SOIL AND WATER CONSERVATION DISTRICT
AND A NOT-FOR-PROFIT CONSERVATION ORGANIZATION ACTING JOINTLY SHALL MAKE
APPLICATION TO THE COMMISSIONER IN SUCH MANNER AS THE COMMISSIONER MAY
PRESCRIBE. THE PROPOSED PROJECT MUST ALSO BE ENDORSED FOR FUNDING BY THE
MUNICIPALITY IN WHICH THE PROPOSED PROJECT IS LOCATED IF THE SOIL AND
WATER CONSERVATION DISTRICT IS SEEKING AGRICULTURAL PROTECTION STATE
ASSISTANCE PAYMENTS TO IMPLEMENT AN APPROVED MUNICIPAL AGRICULTURAL AND
FARMLAND PROTECTION PLAN. STATE ASSISTANCE PAYMENTS TO SUCH SOIL AND
WATER CONSERVATION DISTRICTS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF
THE COST OF IMPLEMENTING THE LOCAL PLAN OR PORTION OF THE PLAN FOR WHICH
STATE ASSISTANCE HAS BEEN REQUESTED. SUCH MAXIMUM SHALL BE INCREASED BY
A PERCENTAGE EQUAL TO THE PERCENTAGE OF THE TOTAL ELIGIBLE COSTS FOR
SUCH SPECIFIED PROJECTS THAT ARE CONTRIBUTED BY THE OWNER OF THE AGRI-
CULTURAL LAND FOR WHICH THE PROJECT IS BEING FUNDED; PROVIDED, HOWEVER,
THAT IN NO EVENT SHALL THE TOTAL OF SUCH STATE ASSISTANCE PAYMENTS
EXCEED EIGHTY-SEVEN AND ONE-HALF PERCENT OF SUCH ELIGIBLE COSTS FOR ANY
SPECIFIED PROJECT. THE COMMISSIONER MAY REQUIRE SUCH INFORMATION OR
ADDITIONAL PLANNING AS HE OR SHE DEEMS NECESSARY TO EVALUATE SUCH A
REQUEST FOR STATE ASSISTANCE.
S 5. Subdivision 1 of section 119-o of the general municipal law, as
amended by chapter 623 of the laws of 1998, is amended to read as
follows:
1. In addition to any other general or special powers vested in munic-
ipal corporations and districts for the performance of their respective
functions, powers or duties on an individual, cooperative, joint or
contract basis, municipal corporations and districts shall have power to
enter into, amend, cancel and terminate agreements for the performance
among themselves or one for the other of their respective functions,
powers and duties on a cooperative or contract basis or for the
provision of a joint service or a joint water, sewage or drainage
project. Notwithstanding the foregoing grant of authority, the temporary
investment of moneys by more than one municipal corporation or district
pursuant to a municipal cooperation agreement which meets the definition
of "cooperative investment agreement" as set forth in article three-A of
this chapter shall be in compliance with all of the requirements of that
article. Any agreement entered into hereunder shall be approved by each
participating municipal corporation or district by a majority vote of
the voting strength of its governing body. Where the authority of any
municipal corporation or district to perform by itself any function,
power and duty or to provide by itself any facility, service, activity,
project or undertaking or the financing thereof is, by any other general
or special law, subject to a public hearing, a mandatory or permissive
referendum, consents of governmental agencies, or other requirements
applicable to the making of contracts, then its right to participate in
an agreement hereunder shall be similarly conditioned. MUNICIPAL CORPO-
RATIONS AND DISTRICTS SHALL ALSO HAVE THE POWER TO ENTER INTO, AMEND,
CANCEL AND TERMINATE AGREEMENTS WITH A SOIL AND WATER CONSERVATION
DISTRICT ESTABLISHED UNDER THE SOIL AND WATER CONSERVATION DISTRICTS LAW
S. 4299--A 4
FOR THE PERFORMANCE AMONG THEMSELVES OR ONE FOR THE OTHER OF THEIR
RESPECTIVE FUNCTIONS, POWERS AND DUTIES ON A COOPERATIVE OR CONTRACT
BASIS OR FOR THE PROVISION OF A JOINT SERVICE OR A JOINT PROJECT;
PROVIDED, HOWEVER, THAT THE EXERCISE OF ANY POWERS AND DUTIES UNDER THIS
ARTICLE BY A SOIL AND WATER CONSERVATION DISTRICT SHALL BE SUBJECT TO
THE POWERS, DUTIES AND LIMITATIONS IN SECTION NINE OF THE SOIL AND WATER
CONSERVATION DISTRICTS LAW.
S 6. This act shall take effect immediately.