NY State Senate Bill 2017-S3934

Senate Bill S3934

2017-2018 Legislative Session

Increases state assistance payments for county approved agricultural and farmland protection plans to 85% of the cost thereof

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
Jan 30, 2017	referred to agriculture

2017-S3934 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §325, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2473
2011-2012: S869
2013-2014: S2709
2015-2016: S3023
2019-2020: S883, S4798

2017-S3934 (ACTIVE) - Summary

Increases state assistance payments for county approved agricultural and farmland protection plans, from 75% to 85% of the cost thereof.

2017-S3934 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3934

 TITLE OF BILL :  An act to amend the agriculture and markets law, in
relation to state assistance payments for implementation of
agricultural and farmland protection plans; and providing for the
repeal of such provisions upon expiration thereof

 PURPOSE :

The purpose of the bill is to encourage more participation in the
State's agricultural and farmland protection program by farmers,
counties and municipalities, by increasing the State share of the cost
of implementing agricultural and farmland protection plans.

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision 1 of section 325 of the Agriculture and
Markets Law by increasing the limit on State assistance payments for
implementation of approved agricultural and farmland protection plans
by counties, and local farmland protection plans by municipalities,
from 75 to 85 percent. Section 2: Amends paragraph (b) of subdivision
2 of section 325 of the Agriculture and Markets Law. Section 3: Sets
forth the effective date.

 EXISTING LAW :

AML § 325 limits State assistance payments to 75 percent of the cost
of implementing county and municipal farmland protection plans.

 JUSTIFICATION :

For qualified farms, the State provides assistance payments to help
fund up to 75 percent of the cost of conservation easements purchased
by counties and municipalities pursuant to a county or municipal
farmland protection plan. Counties and municipalities have frequently
sought out additional sources of funding, such as the federal Farmland
Protection Program, to defer the remaining costs. In the last few
years, due to conditions placed on federal grants that conflict with
the goals of the State's program, the Department of Agriculture and
Markets (Department) decided not to continue to allow federal monies
to be used to help pay for the unfunded portion of the State program.
As a result, some interested farmers and local governments did not
participate in the program. By increasing the amount the State will
contribute toward the cost of the acquisition of conservation
easements from 75 to 85 percent, the bill provides added financial
incentive for farmers and local governments to participate in the
program.

 LEGISLATIVE HISTORY :

2015,2015: S.3023 Referred to Agriculture
2014: S.2709A Referred to Agriculture
2013: S.2709 Referred to Agriculture
2011,2012: S.869 Referred to Agriculture
2009,2010: S.2473 Referred to Agriculture
2007,2008: S.4333B/A.7361B Passed the Senate

 FISCAL IMPLICATIONS :

None. The number of projects that the Department could fund, however,
might decrease because each farm awarded a grant would receive up to
10% more of the funds available for the program from the Environmental
Protection Fund.

 EFFECTIVE DATE :
This act shall take effect immediately and shall expire and be deemed
repealed three years after such effective date.

2017-S3934 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3934
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- 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, in  relation  to  state
   assistance  payments  for  implementation of agricultural and farmland
   protection plans; and providing for the repeal of such provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09262-01-7

 S. 3934                             2
 
 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] EIGHTY-FIVE percent of the cost of implementing the coun-
 ty  plan  or portion of the plan for which state assistance payments are
 requested. State assistance payments to such counties shall  not  exceed
 [seventy-five] EIGHTY-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 eligible 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 assistance payments exceed eighty-seven and one-half
 percent of such eligible costs for any specified project.
   § 2. Paragraph (b) of subdivision 2 of section 325 of the  agriculture
 and  markets  law,  as  amended  by  chapter 234 of the laws of 2010, is
 amended to read as follows:
   (b) Within a county, a municipality which has in place a  local  farm-
 land  protection  plan  may apply and shall be eligible for agricultural
 protection state assistance payments to implement its plan, or a portion
 of its plan, provided the proposed project is endorsed  for  funding  by
 the  agricultural  and farmland protection board for the county in which
 the municipality is located and that any  plan  developed  on  or  after
 January  first,  two  thousand  six  complies with section three hundred
 twenty-four-a of this article. State assistance payments to such munici-
 palities shall not exceed [seventy-five] EIGHTY-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 eligible 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 assistance payments exceed eight-
 y-seven and one-half percent of such eligible costs  for  any  specified
 project.  The  commissioner  may  require such information or additional
 planning as he or she deems necessary to evaluate  such  a  request  for
 state assistance.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed three years after such effective date.

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