S T A T E   O F   N E W   Y O R K
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                                  4352

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  MAGEE, CROUCH, FINCH, GUNTHER, HAWLEY, OTIS,
  ROSENTHAL, RUSSELL, SKOUFIS, STIRPE,  JAFFEE,  MAGNARELLI,  MONTESANO,
  PEOPLES-STOKES,  TITONE,  BRONSON  --  Multi-Sponsored  by -- M. of A.
  BARCLAY, BUTLER, CAMARA, CERETTO,  COOK,  DUPREY,  GOTTFRIED,  KEARNS,
  LUPARDO,  LUPINACCI,  McLAUGHLIN, ROBINSON, SIMANOWITZ, THIELE -- read
  once and referred to the Committee on Agriculture

AN ACT to amend the agriculture and markets  law,  in  relation  to  the
  beginning farmer revolving loan fund program

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

  Section 1. Section 328 of the agriculture and markets law  is  amended
by adding a new subdivision 5 to read as follows:
  5.  "BEGINNING  FARMER"  SHALL  MEAN  A FARMER WHO HAS NOT PRODUCED AN
"AGRICULTURAL PRODUCT" AS DEFINED IN THIS SECTION,  FOR  MORE  THAN  TEN
CONSECUTIVE YEARS, AND WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE
IN  THE  PRODUCTION  OF  AN  AGRICULTURAL PRODUCT WITHIN A REGION OF THE
STATE.
  S 2. The agriculture and markets  law  is  amended  by  adding  a  new
section 330-a to read as follows:
  S  330-A. BEGINNING FARMER REVOLVING LOAN PROGRAM. 1. THE COMMISSIONER
SHALL ESTABLISH AND MAINTAIN A BEGINNING FARMER REVOLVING  LOAN  PROGRAM
TO  PROVIDE  LOW INTEREST LOANS TO BEGINNING FARMERS FOR THE PURPOSES OF
SUPPORTING BEGINNING FARMERS, ENCOURAGING THE GROWTH OF SMALL  AGRIBUSI-
NESS,  PRESERVING  FARMLAND  AS  A  WORKING  AGRICULTURAL LANDSCAPE, AND
PROVIDING OPEN SPACE BENEFITS FOR ALL RESIDENTS OF THE  STATE.  PROPERLY
MANAGED  FARMLAND  HAS  BEEN  DEMONSTRATED  TO BE THE BEST ENVIRONMENTAL
USAGE OF LAND FOR WATERSHED PROTECTION, SO IT IS IN THE BEST INTEREST OF
THE STATE TO MAINTAIN AGRICULTURAL LAND. SUCH PROGRAM  SHALL,  FROM  ANY
APPROPRIATION  MADE  AVAILABLE  FOR  THIS  PURPOSE, PROVIDE LOW INTEREST
LOANS TO BEGINNING FARMERS AS THE COMMISSIONER SHALL DEEM TO BE ELIGIBLE
PURSUANT TO RULE OR REGULATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05707-01-5
              

A. 4352                             2

  2. THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGULATIONS  FOR  THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
LISHING:
  A.  AN  APPLICATION  PROCESS  WHEREBY  BEGINNING FARMERS MAY APPLY FOR
LOANS;
  B. CRITERIA AND STANDARDS FOR DETERMINING A BEGINNING FARMER'S  ELIGI-
BILITY FOR A LOAN;
  C.  CRITERIA  AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
AMONG BEGINNING FARMER APPLICANTS;
  D. CRITERIA AND STANDARDS FOR  DETERMINING  THE  AMOUNT  OF  FINANCIAL
ASSISTANCE TO BE PROVIDED TO A BEGINNING FARMER; AND
  E. CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAYMENT
PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENT.
  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
any  rules and regulations necessary to implement the provisions of this
act on its effective date are authorized to be made on  or  before  such
date.