S T A T E   O F   N E W   Y O R K
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                                  7599

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

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

AN ACT to amend the agriculture and markets law, in relation to agricul-
  tural custom operators

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

  Section  1.  Subdivision  11  of  section  301  of the agriculture and
markets law, as amended by chapter 384 of the laws of 2011,  is  amended
and a new subdivision 18 is added to read as follows:
  11.  "Farm operation" means the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which  contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock  products  as a commercial enterprise, including a "commercial
horse boarding operation" as defined in  subdivision  thirteen  of  this
section, a "timber operation" as defined in subdivision fourteen of this
section,  "compost, mulch or other biomass crops" as defined in subdivi-
sion sixteen of this section [and],  "commercial  equine  operation"  as
defined  in  subdivision  seventeen of this section AND AN "AGRICULTURAL
CUSTOM OPERATOR" AS DEFINED IN SUBDIVISION  EIGHTEEN  OF  THIS  SECTION.
Such farm operation may consist of one or more parcels of owned or rent-
ed land, which parcels may be contiguous or noncontiguous to each other.
  18.  "AGRICULTURAL  CUSTOM  OPERATOR" MEANS AN OPERATOR WHOSE SERVICES
ARE HIRED BY A FARM OPERATION TO UNDERTAKE AN ACTIVITY ON THE FARM OPER-
ATION THAT IS AN ESSENTIAL ACTIVITY OF THE FARM OPERATION.  AN  AGRICUL-
TURAL  CUSTOM OPERATOR'S FUNCTIONS SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING: PLANTING  OR  HARVESTING  CROPS,  SPREADING  MANURE,  AND
APPLYING PESTICIDES OR FERTILIZERS.
  S 2. Paragraph b of subdivision 1 of section 305-a of the agricultural
and markets law, as added by chapter 497 of the laws of 2011, is amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10975-01-5

              

A. 7599                             2

  b.  Upon  the  request of any municipality, farm owner or operator, OR
AGRICULTURAL CUSTOM OPERATOR, the commissioner shall render  an  opinion
to  the appropriate local government officials, as to whether farm oper-
ations would be unreasonably restricted or regulated by proposed changes
in  local  land  use regulations, ordinances or local laws pertaining to
agricultural practices and to the appropriate local land use enforcement
officials administering local land use regulations, ordinances, or local
laws or reviewing a permit pertaining to agricultural practices.
  S 3. This act shall take effect immediately.