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

                                  9263

                          I N  A S S E M B L Y

                            February 10, 2016
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Agriculture

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 48 to read as follows:
  48. 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01493-02-5
              

A. 9263                             2

  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.