S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8464
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- 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  land
   used  in agricultural production; 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.  The  opening  paragraph  and  paragraphs f, h, k and l of
 subdivision 4 of section 301 of the agriculture  and  markets  law,  the
 opening  paragraph  as amended by chapter 344 of the laws of 2012, para-
 graph f as amended by chapter 445 of the laws of 2002,  paragraph  h  as
 amended  by  chapter  587  of  the laws of 2005, paragraph k as added by
 chapter 341 of the laws of 2008 and paragraph l as added by chapter  384
 of the laws of 2011, are amended to read as follows:
   "Land used in agricultural production" means not less than seven acres
 of  land  used  as a single operation in the preceding two years for the
 production for sale of crops, livestock  or  livestock  products  of  an
 average  gross  sales  value of [ten] FIVE thousand dollars or more; or,
 not less than seven acres of land used in the  preceding  two  years  to
 support  a  commercial  horse  boarding operation or a commercial equine
 operation with annual gross receipts of [ten] FIVE thousand  dollars  or
 more.  Land  used  in  agricultural production shall not include land or
 portions thereof used for processing or  retail  merchandising  of  such
 crops,  livestock  or  livestock  products.  Land  used  in agricultural
 production shall also include:
   f. Land of not less than seven acres used as a single operation in the
 preceding two years for the production for sale of crops,  livestock  or
 livestock  products  of an average gross sales value of [ten] FIVE thou-
 sand dollars or more, or land of less than seven acres used as a  single
 operation  in  the  preceding  two  years for the production for sale of
 crops, livestock or livestock products of an average gross  sales  value
 of [fifty] TWENTY-FIVE thousand dollars or more.
   h.  Land  that  is owned or rented by a farm operation in its first or
 second year of agricultural production, or, in the case of a  commercial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16288-01-0

 S. 8464                             2
 
 horse  boarding operation in its first or second year of operation, that
 consists of (1) not less than seven acres used as a single operation for
 the production for sale of crops, livestock or livestock products of  an
 annual  gross sales value of [ten] FIVE thousand dollars or more; or (2)
 less than seven acres used as a single operation for the production  for
 sale  of crops, livestock or livestock products of an annual gross sales
 value of [fifty] TWENTY-FIVE thousand dollars or more; or (3) land situ-
 ated under a  structure  within  which  crops,  livestock  or  livestock
 products  are produced, provided that such crops, livestock or livestock
 products have an annual gross sales value of  (i)  [ten]  FIVE  thousand
 dollars or more, if the farm operation uses seven or more acres in agri-
 cultural  production,  or  (ii)  [fifty] TWENTY-FIVE thousand dollars or
 more, if the farm operation uses less than seven acres  in  agricultural
 production;  or (4) not less than seven acres used as a single operation
 to support a commercial  horse  boarding  operation  with  annual  gross
 receipts of [ten] FIVE thousand dollars or more.
   k. Land used to support an apiary products operation which is owned by
 the  operation  and  consists  of (i) not less than seven acres nor more
 than ten acres used as a single operation in the preceding two years for
 the production for sale of crops, livestock or livestock products of  an
 average gross sales value of [ten] FIVE thousand dollars or more or (ii)
 less  than  seven  acres used as a single operation in the preceding two
 years for the production for  sale  of  crops,  livestock  or  livestock
 products of an average gross sales value of [fifty] TWENTY-FIVE thousand
 dollars  or  more. The land used to support an apiary products operation
 shall include, but not be limited to, the land under a structure  within
 which apiary products are produced, harvested and stored for sale; and a
 buffer  area maintained by the operation between the operation and adja-
 cent landowners.  Notwithstanding any other provision of  this  subdivi-
 sion,  rented  land  associated with an apiary products operation is not
 eligible for an agricultural assessment based on this paragraph.
   l. Land that is owned or rented by a farm operation in  its  first  or
 second  year  of  agricultural production or in the case of a commercial
 equine operation, in  its  first  or  second  year  of  operation,  that
 consists  of not less than seven acres and stabling at least ten horses,
 regardless of ownership, that receives [ten] FIVE  thousand  dollars  or
 more  in  gross  receipts  annually  from  fees  generated  through  the
 provision of commercial equine activities including, but not limited  to
 riding lessons, trail riding activities or training of horses or through
 the  production for sale of crops, livestock, and livestock products, or
 through both the provision of such commercial equine activities and such
 production. Under no circumstances shall this subdivision  be  construed
 to include operations whose primary on site function is horse racing.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed two years after such date.