NY State Senate Bill 2015-S7011A

Senate Bill S7011A

Vetoed By Governor

2015-2016 Legislative Session

Relates to access to viable agricultural land for new and beginning farmers

download bill text pdf

Archive: Last Bill Status Via A9536 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	tabled vetoed memo.248
Nov 16, 2016	delivered to governor
Jun 08, 2016	returned to assembly passed senate 3rd reading cal.761 substituted for s7011a
Jun 08, 2016	substituted by a9536
May 16, 2016	advanced to third reading
May 11, 2016	2nd report cal.
May 10, 2016	1st report cal.761
Mar 30, 2016	print number 7011a
Mar 30, 2016	amend and recommit to agriculture
Mar 16, 2016	referred to agriculture

Votes

- Jun 8, 2016 - Floor Vote
  A9536
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2016
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (3)
      
      Diaz
      
      Espaillat
      
      Panepinto
  May 10, 2016 - Agriculture Committee Vote
  S7011A
  
  12
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 10, 2016
      
      aye (12)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Montgomery
      
      O'Mara
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Valesky
      
      Young
      
      excused (1)
      
      Seward

Bill Amendments

Original

A (Active)

2015-S7011 - Details

See Assembly Version of this Bill:: A9536
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§16, 309 & 323, add §329-a, Ag & Mkts L; amd §2, Pub Lds L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5377
2017-2018: S4900, S7841, A5060

2015-S7011 - Summary

Relates to access to viable agricultural land for new and beginning farmers.

2015-S7011 - Sponsor Memo

                                 BILL NUMBER:  S7011

 TITLE OF BILL :

An act to amend the agriculture and markets law and the public lands
law, in relation to access to viable agricultural land for new and
beginning farmers

 PURPOSE :

To direct the Commissioner of the New York State Department of
Agriculture and Markets to enhance access to viable agricultural land
for new and beginning farmers and would direct the Commissioner of the
Office of General Services to work with the Commissioner of
Agriculture and Markets to develop an inventory of state-owned real
property that may be viable for farming.

 SUMMARY OF PROVISIONS :

Section 1 amends § 16 of the agriculture and markets law by adding new
subdivision 2-e. Subdivision 2-e provides aid in efforts supporting
the successful transfer of viable agricultural land from existing
owners to new owners and operators, especially beginning farmers.

Section 2 amends subdivision 5 of section 309 of the agriculture and
markets law to require the Agriculture Advisory Council to provide

guidance regarding tax, financial assistance, and other policies and
programs that might address the needs of new farmers to the
Commissioner and State agencies.

Section 3 amends subdivision 6 of section 323 of the agriculture and
markets law to require the Commissioner to report to the Governor and
the Legislature on efforts to enhance access to viable agricultural
land for new and beginning farmers.

Section 4 amends the agriculture and markets law by adding a new
section 329-a, that requires the Department to collect and compile
information about both public and private lands available for purchase
or leasing for farming, and make such information available on its
internet website.

Section 5 amends § 2 of the public lands law by adding two new
subdivisions 2-a and 2-b. Subdivision 2-a directs the Commissioner of
the Office of General Services to work with the Commissioner of
Agriculture and Markets to develop an inventory of available land for
farming. Subdivision 2-b requiring the Commissioner of the Office of
General Services to report to the Governor and the Legislature within
one year of the effective date on issues related to selling state
lands for farming.

Section 6 amends § 2 of the public lands law by adding a new
subdivision 3-a directing the Commissioner of the Office of General
Services to work with other state agencies to identify land that may
be viable for farming.

Section 7 is the effective date.

 JUSTIFICATION :

The most recent federal census of agriculture in 2007 found that the
average age of farmers in New York State is about 56, up from 50 in
the early 1980s. In light of that statistic, the U.S. Secretary of
Agriculture has set a goal of recruiting 100,000 new farmers across
the country to replace those that are retiring. Farming is a difficult
business; several factors, such as the complex process of transferring
ownership of farms and prohibitive capital costs, contribute to the
aging of the farm population and present barriers to younger farmers
gaining access to land. There is increasing interest by young people
hoping to find viable land they can farm.  Trends in the marketplace
such as the recent growth in Greek yogurt and other dairy processors,
and increased demand for locally grown foods and beverages from
consumers, foodservice businesses and institutions, highlight the
importance of assisting new farmers starting out.

This bill would emphasize assistance for new and beginning farmers in
existing state law. For example, it would require the State's
Agriculture Advisory Council to provide advice to State agencies
regarding tax, financial assistance and other policies and programs
that could address the needs of beginning farmers and the issues they
face related to the transfer of ownership of farms. It would also
encourage the identification of properties owned by the State that are
viable for farming and could be sold or leased for farming. This bill
will also promote information among those interested in purchasing or
leasing those properties.

 LEGISLATIVE HISTORY :

2015: S.1824/A.1571
2013-2014: S.5377-A/A.7002-B

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7011 - Bill Text download pdf

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

                                  7011

                            I N  S E N A T E

                             March 16, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law  and  the  public  lands
  law,  in  relation  to  access to viable agricultural land for new and
  beginning farmers

  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 2-e to read as follows:
  2-E. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
CULTURAL  LAND  FROM  EXISTING OWNERS TO NEW OWNERS AND OPERATORS, ESPE-
CIALLY BEGINNING FARMERS.
  S 2. Subdivision 5 of section 309 of the agriculture and markets  law,
as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
follows:
  5. The advisory council on agriculture shall advise  the  commissioner
and  other  state  agency  heads on state government plans, policies and
programs affecting farming and the agricultural industry of  this  state
INCLUDING,  BUT  NOT LIMITED TO, ADVICE REGARDING TAX, FINANCIAL ASSIST-
ANCE AND OTHER POLICIES AND PROGRAMS THAT COULD  ADDRESS  THE  NEEDS  OF
BEGINNING  FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF FARMS.
Concerned state agencies shall be  encouraged  to  establish  a  working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.
  S  3. Subdivision 6 of section 323 of the agriculture and markets law,
as amended by chapter 150 of the laws of 2013, is  amended  to  read  as
follows:
  6.  reporting biennially to the governor and the legislature regarding
the activities of the commissioner, INCLUDING EFFORTS TO ENHANCE  ACCESS
TO  VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types of
technical  assistance  rendered  to  county  agricultural  and  farmland
protection boards, municipalities, soil and water conservation districts
and  not-for-profit  conservation organizations, and the need to protect
the state's agricultural economy and land resources.

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

                                                           LBD05590-02-6

S. 7011                             2

  S 4. The agriculture and markets  law  is  amended  by  adding  a  new
section 329-a to read as follows:
  S  329-A.   FARMLAND AVAILABILITY INFORMATION. 1. THE DEPARTMENT SHALL
COLLECT AND COMPILE INFORMATION ABOUT PUBLIC LAND  THAT  IS  VIABLE  FOR
FARMING  AND  IS  AVAILABLE  FOR  PURCHASE OR LEASE FOR FARMING AND MAKE
AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
OF GENERAL SERVICES, OTHER STATE  AGENCIES,  MUNICIPALITIES,  AND  OTHER
GOVERNMENTAL  ENTITIES  OFFERING SUCH LAND, ON ITS INTERNET WEBSITE. THE
DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
ORGANIZATIONS THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT  IS
VIABLE FOR FARMING.
  2.  THE  DEPARTMENT  MAY ALSO MAKE AVAILABLE SIMILAR INFORMATION ABOUT
PRIVATE LAND AVAILABLE FOR PURCHASE  OR  LEASE  FOR  FARMING,  INCLUDING
CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
  S  5.  Section  2 of the public lands law is amended by adding two new
subdivisions 2-a and 2-b to read as follows:
  2-A. STATE-OWNED REAL PROPERTY INVENTORY; FARMING. A. THE COMMISSIONER
OF GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO DEVELOP AN  INVENTORY,
IN  COOPERATION  WITH  THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, OF
STATE-OWNED REAL PROPERTY THAT MAY BE VIABLE FOR FARMING.
  B. IF THE COMMISSIONER DETERMINES THAT ANY OF SUCH PROPERTY SHOULD  BE
MADE  AVAILABLE  FOR PURCHASE OR LEASE FOR FARMING THEN SUCH INFORMATION
SHALL BE PROVIDED TO THE DEPARTMENT OF AGRICULTURE AND MARKETS  FOR  THE
FARMLAND  AVAILABILITY  INFORMATION  PROGRAM, PROVIDED, HOWEVER, THAT IF
THE COMMISSIONER, IN COOPERATION WITH THE  COMMISSIONER  OF  AGRICULTURE
AND  MARKETS,  DETERMINES  THAT ANY OF SUCH PROPERTY SHOULD BE PROTECTED
AND PRESERVED USING  ARTICLE  TWENTY-FIVE-AAA  OF  THE  AGRICULTURE  AND
MARKETS  LAW  THEN INFORMATION ABOUT SUCH PROPERTY SHALL NOT BE PROVIDED
FOR THE FARMLAND AVAILABILITY INFORMATION PROGRAM UNTIL A REVIEW OF  THE
MERITS  AND  FEASIBILITY  OF PRESERVING SUCH PROPERTY USING SUCH ARTICLE
HAS BEEN CONSIDERED.
  2-B. REPORT. THE COMMISSIONER SHALL REPORT TO  THE  GOVERNOR  AND  THE
LEGISLATURE  WITHIN  ONE  YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION
ON:
  A. THE INVENTORY OF STATE-OWNED REAL PROPERTY THAT MAY BE  VIABLE  FOR
FARMING CONDUCTED PURSUANT TO SUBDIVISION TWO-A OF THIS SECTION;
  B. THE FEASIBILITY OF, AND BARRIERS TO, SELLING, LEASING OR USING SUCH
PROPERTY FOR FARMING;
  C. THE FEASIBILITY OF USING ARTICLE TWENTY-FIVE-AAA OF AGRICULTURE AND
MARKETS LAW TO PROTECT AND PRESERVE SUCH LAND FOR FARMING WHEN SUCH LAND
IS SOLD; AND
  D.  ANY CONCERNS RELATED TO SELLING OR LEASING SUCH PROPERTY FOR FARM-
ING, INCLUDING, BUT NOT LIMITED TO, THE TYPES OF FARMING ACTIVITIES THAT
MAY BE APPROPRIATE AND THE ENVIRONMENTAL AND COMMUNITY IMPACTS OF  FARM-
ING SUCH PROPERTIES.
  S  6.  Section  2  of  the public lands law is amended by adding a new
subdivision 3-a to read as follows:
  3-A. LAND VIABLE FOR  FARMING;  IDENTIFICATION.  THE  COMMISSIONER  OF
GENERAL  SERVICES IS AUTHORIZED AND DIRECTED, AS PART OF THE STATE-OWNED
REAL PROPERTY MANAGEMENT PROGRAM, TO WORK WITH STATE AGENCIES TO IDENTI-
FY LAND THAT MAY BE VIABLE FOR FARMING AND MAY  BE  MADE  AVAILABLE  FOR
PURCHASE OR LEASE FOR FARMING.
  S 7. This act shall take effect immediately.

co-Sponsors

2015-S7011A (ACTIVE) - Details

See Assembly Version of this Bill:: A9536
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§16, 309 & 323, add §329-a, Ag & Mkts L; amd §2, Pub Lds L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5377
2017-2018: S4900, S7841, A5060

2015-S7011A (ACTIVE) - Summary

Relates to access to viable agricultural land for new and beginning farmers.

2015-S7011A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7011A

 TITLE OF BILL :  An act to amend the agriculture and markets law and
the public lands law, in relation to access to viable agricultural
land for new and beginning farmers

 PURPOSE :

To direct the Commissioner of the New York State Department of
Agriculture and Markets to enhance access to viable agricultural land
for new and beginning farmers and would direct the Commissioner of the
Office of General Services to work with the Commissioner of
Agriculture and Markets to develop an inventory of state-owned real
property that may be viable for farming.

 SUMMARY OF PROVISIONS :

Section 1 amends § 16 of the agriculture and markets law by adding new
subdivision 2-e. Subdivision 2-e provides aid in efforts supporting
the successful transfer of viable agricultural land from existing
owners to new owners and operators, especially beginning farmers.

Section 2 amends subdivision 5 of section 309 of the agriculture and
markets law to require the Agriculture Advisory Council to provide
guidance regarding tax, financial assistance, and other policies and
programs that might address the needs of new farmers to the

Commissioner and State agencies.

Section 3 amends subdivision 6 of section 323 of the agriculture and
markets law to require the Commissioner to report to the Governor and
the Legislature on efforts to enhance access to viable agricultural
land for new and beginning farmers.

Section 4 amends the agriculture and markets law by adding a new
section 329-a, that requires the Department to collect and compile
information about both public and private lands available for purchase
or leasing for farming, and make such information available on its
internet website.

Section 5 amends § 2 of the public lands law by adding two new
subdivisions 2-a and 2-b. Subdivision 2-a directs the Commissioner of
the Office of General Services to work with the Commissioner of
Agriculture and Markets to develop an inventory of available land for
farming. Subdivision 2-b requiring the Commissioner of the Office of
General Services to report to the Governor and the Legislature within
one year of the effective date on issues related to selling state
lands for farming.

Section 6 amends § 2 of the public lands law by adding a new
subdivision 3-a directing the Commissioner of the Office of General
Services to work with other state agencies to identify land that may
be viable for farming.

Section 7 is the effective date.

 JUSTIFICATION :

The most recent federal census of agriculture in 2007 found that the
average age of farmers in New York State is about 56, up from 50 in
the early 1980s. In light of that statistic, the U.S. Secretary of
Agriculture has set a goal of recruiting 100,000 new farmers across
the country to replace those that are retiring. Farming is a difficult
business; several factors, such as the complex process of transferring
ownership of farms and prohibitive capital costs, contribute to the
aging of the farm population and present barriers to younger farmers
gaining access to land. There is increasing interest by young people
hoping to find viable land they can farm.  Trends in the marketplace
such as the recent growth in Greek yogurt and other dairy processors,
and increased demand for locally grown foods and beverages from
consumers, foodservice businesses and institutions, highlight the
importance of assisting new farmers starting out.

This bill would emphasize assistance for new and beginning farmers in
existing state law. For example, it would require the State's
Agriculture Advisory Council to provide advice to State agencies
regarding tax, financial assistance and other policies and programs
that could address the needs of beginning farmers and the issues they
face related to the transfer of ownership of farms. It would also
encourage the identification of properties owned by the State that are
viable for farming and could be sold or leased for farming. This bill
will also promote information among those interested in purchasing or
leasing those properties.

 LEGISLATIVE HISTORY :

2015: S.1824/A.1571
2013-2014: S.5377-A/ A.7002-B

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7011A (ACTIVE) - Bill Text download pdf

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

                                 7011--A

                            I N  S E N A T E

                             March 16, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- 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 and the public lands
  law, in relation to access to viable agricultural  land  for  new  and
  beginning farmers

  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 2-e to read as follows:
  2-E. AID IN EFFORTS SUPPORTING THE SUCCESSFUL TRANSFER OF VIABLE AGRI-
CULTURAL LAND FROM EXISTING OWNERS TO NEW OWNERS  AND  OPERATORS,  ESPE-
CIALLY BEGINNING FARMERS.
  S  2. Subdivision 5 of section 309 of the agriculture and markets law,
as added by chapter 79 of the laws  of  1980,  is  amended  to  read  as
follows:
  5.  The  advisory council on agriculture shall advise the commissioner
and other state agency heads on state  government  plans,  policies  and
programs  affecting  farming and the agricultural industry of this state
INCLUDING, BUT NOT LIMITED TO, ADVICE REGARDING TAX,  FINANCIAL  ASSIST-
ANCE  AND  OTHER  POLICIES  AND PROGRAMS THAT COULD ADDRESS THE NEEDS OF
BEGINNING FARMERS AND ISSUES RELATED TO TRANSFER OF OWNERSHIP OF  FARMS.
Concerned  state  agencies  shall  be  encouraged to establish a working
relationship with the council and shall fully cooperate with the council
in any requests it shall make.
  S 3. Subdivision 6 of section 323 of the agriculture and markets  law,
as  amended  by  chapter  150 of the laws of 2013, is amended to read as
follows:
  6. reporting biennially to the governor and the legislature  regarding
the  activities of the commissioner, INCLUDING EFFORTS TO ENHANCE ACCESS
TO VIABLE AGRICULTURAL LAND FOR NEW AND BEGINNING FARMERS, the types  of
technical  assistance  rendered  to  county  agricultural  and  farmland
protection boards, municipalities, soil and water conservation districts

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

                                                           LBD05590-03-6

S. 7011--A                          2

and not-for-profit conservation organizations, and the need  to  protect
the state's agricultural economy and land resources.
  S  4.  The  agriculture  and  markets  law  is amended by adding a new
section 329-a to read as follows:
  S 329-A.   FARMLAND AVAILABILITY INFORMATION. 1.  THE  DEPARTMENT  MAY
COLLECT  AND  COMPILE  INFORMATION  ABOUT PUBLIC LAND THAT IS VIABLE FOR
FARMING AND IS AVAILABLE FOR PURCHASE OR  LEASE  FOR  FARMING  AND  MAKE
AVAILABLE SUCH INFORMATION, INCLUDING CONTACT INFORMATION FOR THE OFFICE
OF  GENERAL  SERVICES,  OTHER  STATE AGENCIES, MUNICIPALITIES, AND OTHER
GOVERNMENTAL ENTITIES OFFERING SUCH LAND, ON ITS INTERNET  WEBSITE.  THE
DEPARTMENT SHALL PROVIDE GUIDANCE AND ASSISTANCE TO THE OFFICE OF GENER-
AL SERVICES, OTHER STATE AGENCIES, MUNICIPALITIES AND OTHER GOVERNMENTAL
ORGANIZATIONS  THAT REQUEST SUCH ASSISTANCE, IN IDENTIFYING LAND THAT IS
VIABLE FOR FARMING.
  2. THE DEPARTMENT MAY ALSO MAKE AVAILABLE  SIMILAR  INFORMATION  ABOUT
PRIVATE  LAND  AVAILABLE  FOR  PURCHASE  OR LEASE FOR FARMING, INCLUDING
CONTACT INFORMATION FOR THE OWNERS OF SUCH LAND.
  S 5. Section 2 of the public lands law is  amended  by  adding  a  new
subdivision 3-a to read as follows:
  3-A.  LAND  VIABLE  FOR  FARMING;  IDENTIFICATION. THE COMMISSIONER OF
GENERAL SERVICES IS AUTHORIZED AND DIRECTED TO CONSULT, AS PART  OF  THE
STATE-OWNED  REAL  PROPERTY  MANAGEMENT  PROGRAM, WITH THE DEPARTMENT OF
AGRICULTURE AND MARKETS TO IDENTIFY LAND THAT MAY BE VIABLE FOR  FARMING
AND  MAY  BE  MADE  AVAILABLE FOR PURCHASE OR LEASE FOR FARMING AND MAKE
THAT INFORMATION AVAILABLE TO THE DEPARTMENT OF AGRICULTURE AND  MARKETS
TO BE DISSEMINATED TO THE PUBLIC.
  S 6. This act shall take effect immediately.

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