S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7294
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 21, 2017
                                ___________
 
 Introduced  by M. of A. MAGEE, DiPIETRO -- 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 35 of the laws of  2016,  is  amended
 and a new subdivision 19 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 seventeen of this section [and], "commercial equine  operation"  as
 defined  in  subdivision  eighteen  of this section AND AN "AGRICULTURAL
 CUSTOM OPERATOR" AS DEFINED IN SUBDIVISION  NINETEEN  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.
   19.  "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.
   §  2. Paragraph b of subdivision 1 of section 305-a of the agriculture
 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.
                                                            LBD09366-01-7
              

 A. 7294                             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.
   § 3. This act shall take effect immediately.