S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10301--A
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced  by M. of A. BARRETT, COOK, MAGEE, MONTESANO -- read once and
   referred to the Committee on Agriculture -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   acquisition of agricultural preservation restrictions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Section 321 of the agriculture and markets law, as added
 by chapter 797 of the laws of 1992, is amended to read as follows:
   § 321. Statement of legislative findings  and  intent.  It  is  hereby
 found  and  declared  that  agricultural  lands  are irreplaceable state
 assets. In an effort to maintain the economic  viability,  and  environ-
 mental  and  landscape  preservation values associated with agriculture,
 the state must explore ways to sustain the state's valuable farm economy
 and TO PROTECT AND INVEST IN THE PEOPLE AND  the  land  base  associated
 with  it. External pressures on farm stability such as population growth
 in non-metropolitan areas and  public  infrastructure  development,  AND
 NON-AGRICULTURAL  INTEREST  IN  PROTECTED  FARMLAND,  pose a significant
 threat to farm operations, yet are the pressures over which farmers have
 the least control. Local initiatives in agricultural protection  policy,
 facilitated by the agricultural districts program established in article
 twenty-five-AA of this chapter, have proved effective as a basic step in
 addressing  these pressures.  In an effort to encourage further develop-
 ment of agricultural and farmland protection programs, and to  recognize
 both  the  crucial  role that local government plays in developing these
 strategies, plus the state constitutional directive to  the  legislature
 to  provide  for  the  protection of agricultural lands, it is therefore
 declared the policy of the state to promote local initiatives for  agri-
 cultural and farmland protection.
   §  2.  Section  322  of  the agriculture and markets law is amended by
 adding four new subdivisions 6, 7, 8, and 9 to read as follows:
   6. "AFFORDABILITY PROVISION" MEANS  A  PREEMPTIVE  PURCHASE  RIGHT  OR
 OTHER PROVISIONS INCLUDED IN AN AGRICULTURAL CONSERVATION EASEMENT OR IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
 A                                                          LBD13903-05-8

 A. 10301--A                         2
 
 AN  ADDENDUM  THERETO,  THE PURPOSE OF WHICH IS TO ENSURE THAT PROTECTED
 FARMLAND IS AFFORDABLE TO QUALIFIED FARMERS.
   7.  "PREEMPTIVE  PURCHASE  RIGHT" MEANS THE PREFERENTIAL RIGHT, ESTAB-
 LISHED IN AN AGRICULTURAL CONSERVATION EASEMENT OR IN AN ADDENDUM THERE-
 TO, OF THE EASEMENT HOLDER, OR ITS ASSIGNEE, TO PURCHASE PROTECTED FARM-
 LAND AT ITS AGRICULTURAL USE VALUE  IN  THE  EVENT  THAT  THE  LANDOWNER
 INTENDS  TO  SELL TO AN UNQUALIFIED PARTY. THE PURPOSE OF THE PREEMPTIVE
 PURCHASE RIGHT IS TO PROMOTE THE CONTINUED  PRESENCE  OF  OWNER-OPERATED
 FARMS  AND  ENSURE  THE AFFORDABILITY OF PROTECTED FARMLAND TO QUALIFIED
 FARMERS.
   8. "AGRICULTURAL USE VALUE" MEANS THE AS-RESTRICTED FAIR MARKET  VALUE
 OF  THE  PROPERTY  BASED  ON  THE PRODUCTIVE COMMERCIAL AGRICULTURAL USE
 VALUE OR CURRENT AGRICULTURAL USE VALUE OF THE PROPERTY, RATHER THAN THE
 "HIGHEST AND BEST" POTENTIAL USE VALUE FOR  RESIDENTIAL  OR  OTHER  NON-
 AGRICULTURAL PURPOSES.
   9.  "QUALIFIED  FARMER" IS A PERSON WHO WILL MAINTAIN COMMERCIAL AGRI-
 CULTURAL USE OF PROTECTED FARMLAND AND,  IN  THE  LAST  TWO  YEARS,  HAS
 EARNED  AT  LEAST  ONE-HALF  OF  HIS OR HER ANNUAL GROSS INCOME FROM THE
 "BUSINESS OF FARMING," AS DEFINED BY THE U.S.  DEPARTMENT OF THE  TREAS-
 URY, OR WHO MEETS EQUIVALENT QUALIFICATIONS AS SET FORTH IN THE AGRICUL-
 TURAL CONSERVATION EASEMENT.
   §  3. Subdivision 1 of section 325 of the agriculture and markets law,
 as amended by chapter 150 of the laws of 2013, 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  locally-led  agricultural and farmland protection activ-
 ities. State assistance  payments  for  planning  activities  shall  not
 exceed  fifty  thousand 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 planning activities shall not exceed  twenty-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 agricultural 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  thousand
 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 implementation
 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

 A. 10301--A                         3
 
 assistance payments exceed eighty-seven and  one-half  percent  of  such
 eligible costs for any specified project. AFFORDABILITY PROVISIONS, SUCH
 AS  A  PREEMPTIVE PURCHASE RIGHT, SHALL BE CONSIDERED ELIGIBLE COSTS FOR
 STATE  ASSISTANCE  PAYMENTS  FOR IMPLEMENTATION OF APPROVED AGRICULTURAL
 AND FARMLAND PROTECTION PLANS.
   § 4. This act shall take effect on the ninetieth day  after  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 effective date are authorized
 to be made and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10301--B
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced by M. of A. BARRETT, COOK, MAGEE, MONTESANO, LUPARDO, THIELE,
   LAVINE,  ARROYO, D'URSO, JAFFEE, SIMON, BLAKE, MOSLEY, GIGLIO, CROUCH,
   GOTTFRIED, FERNANDEZ, GLICK, BARRON,  BLANKENBUSH,  DiPIETRO,  RIVERA,
   ERRIGO  --  Multi-Sponsored  by  --  M.  of A. LENTOL -- read once and
   referred to the Committee on Agriculture -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   acquisition of agricultural preservation restrictions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 321 of the agriculture and markets law,  as  added
 by chapter 797 of the laws of 1992, is amended to read as follows:
   § 321. Statement  of  legislative  findings  and  intent. It is hereby
 found and declared  that  agricultural  lands  are  irreplaceable  state
 assets.  In  an  effort to maintain the economic viability, and environ-
 mental and landscape preservation values  associated  with  agriculture,
 the state must explore ways to sustain the state's valuable farm economy
 and  TO  PROTECT  FARM  OPERATIONS AND the land base associated with it.
 External pressures on farm stability such as population growth  in  non-
 metropolitan  areas,  LACK  OF ACCESS TO AFFORDABLE FARMLAND, and public
 infrastructure development pose a significant threat to farm operations,
 yet are the pressures over which farmers have the least  control.  Local
 initiatives  in agricultural protection policy, facilitated by the agri-
 cultural districts program established in article twenty-five-AA of this
 chapter, have proved effective as a basic step in addressing these pres-
 sures.  In an effort to encourage further  development  of  agricultural
 and farmland protection programs, and to recognize both the crucial role
 that  local  government  plays  in developing these strategies, plus the
 state constitutional directive to the legislature  to  provide  for  the
 protection of agricultural lands, it is therefore declared the policy of
 the  state  to  promote  local initiatives for agricultural and farmland
 protection.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13903-11-8

 A. 10301--B                         2
 
   § 2. Subdivision 1 of section 322 of the agriculture and markets  law,
 as  added  by  chapter  797  of  the laws of 1992, is amended to read as
 follows:
   1.  "Agricultural  and  farmland  protection"  means the preservation,
 conservation, management or improvement  of  lands  which  are  part  of
 viable  farming operations, for the purpose of encouraging such lands to
 remain in agricultural production. SUCH PRESERVATION EFFORTS INCLUDE THE
 USE OF FARMLAND PROTECTION CONSERVATION EASEMENTS AND PURCHASE OF DEVEL-
 OPMENT RIGHTS.
   § 3. Section 322 of the agriculture and  markets  law  is  amended  by
 adding two new subdivisions 6 and 7 to read as follows:
   6.  "FARMER-PURCHASER  FARMLAND PROTECTION AGREEMENT" MEANS PREEMPTIVE
 PURCHASE RIGHTS OR OTHER PROVISIONS THAT ARE PART  OF  OR  LINKED  TO  A
 FARMLAND  PROTECTION CONSERVATION EASEMENT PROVIDING THE EASEMENT HOLDER
 THE PREFERENTIAL RIGHT TO PURCHASE PROTECTED FARMLAND  AT  ITS  AGRICUL-
 TURAL USE VALUE IN THE EVENT THE LANDOWNER INTENDS TO SELL SUCH FARMLAND
 TO  A  PURCHASER  WHO DOES NOT INTEND TO MAINTAIN THE LAND IN COMMERCIAL
 AGRICULTURAL PRODUCTION AND WHO DOES  NOT  HAVE  THE  REQUISITE  FARMING
 EXPERIENCE  AND FARMING INCOME TO DEMONSTRATE, IN A MANNER ACCEPTABLE TO
 THE DEPARTMENT, A GOOD FAITH PLAN TO MAINTAIN  THE  LAND  IN  COMMERCIAL
 AGRICULTURAL  PRODUCTION.    THE PURPOSE OF SUCH PROVISIONS IS TO ENSURE
 THAT FARMER-PURCHASERS WHO WOULD MAINTAIN PROTECTED FARMLAND IN  COMMER-
 CIAL  AGRICULTURAL PRODUCTION CAN AFFORD SUCH FARMLAND THAT MIGHT OTHER-
 WISE BE SOLD AT A HIGHER PRICE TO OTHER PURCHASERS.
   7. "AGRICULTURAL USE VALUE" MEANS THE FAIR MARKET VALUE OF A  PROPERTY
 THAT  IS RESTRICTED BY AN EASEMENT TO ITS PRODUCTIVE COMMERCIAL AGRICUL-
 TURAL USE VALUE RATHER THAN THE HIGHEST AND/OR BEST POTENTIAL USE  VALUE
 FOR RESIDENTIAL OR OTHER NON-AGRICULTURAL PURPOSES.
   §  4.  Subdivision 2 of section 325 of the agriculture and markets law
 is amended by adding a new paragraph (g) to read as follows:
   (G) IN EVALUATING APPLICATIONS FOR FUNDING,  PROJECTS  FOR  PROTECTING
 AGRICULTURAL  LAND  THAT  INCLUDE  FARMER-PURCHASER  FARMLAND PROTECTION
 AGREEMENTS ARE ELIGIBLE FOR STATE ASSISTANCE PAYMENTS.
   § 5. This act shall take effect on the ninetieth day  after  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 effective date are authorized
 to be made and completed on or before such effective date.