S T A T E O F N E W Y O R K
________________________________________________________________________
8362
I N S E N A T E
May 3, 2018
___________
Introduced by Sen. RITCHIE -- 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 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
AN ADDENDUM THERETO, THE PURPOSE OF WHICH IS TO ENSURE THAT PROTECTED
FARMLAND IS AFFORDABLE TO QUALIFIED FARMERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13903-06-8
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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
assistance payments exceed eighty-seven and one-half percent of such
eligible costs for any specified project. AFFORDABILITY PROVISIONS, SUCH
S. 8362 3
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.