Senate Bill S2135

Signed By Governor
2021-2022 Legislative Session

Relates to agricultural custom operators

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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
Votes

Bill Amendments

co-Sponsors

2021-S2135 - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§301 & 305-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5256
2017-2018: S3921
2019-2020: S5437

2021-S2135 - Summary

Relates to agricultural custom operators.

2021-S2135 - Sponsor Memo

2021-S2135 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2135
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 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 FACILITIES
 ARE LOCATED IN AN AGRICULTURAL DISTRICT OR WHOSE SERVICES ARE HIRED BY A
 FARM OPERATION THAT IS LOCATED WITHIN AN AGRICULTURAL DISTRICT TO UNDER-
 TAKE AN ACTIVITY ON THE FARM OPERATION THAT IS AN ESSENTIAL ACTIVITY  OF
 THE  FARM  OPERATION.  AN AGRICULTURAL 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.

co-Sponsors

2021-S2135A (ACTIVE) - Details

Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§301 & 305-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5256
2017-2018: S3921
2019-2020: S5437

2021-S2135A (ACTIVE) - Summary

Relates to agricultural custom operators.

2021-S2135A (ACTIVE) - Sponsor Memo

2021-S2135A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2135--A
     Cal. No. 178
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced by Sens. HINCHEY, BIAGGI, BROUK, JORDAN, MANNION, MAY, PARKER
   -- read twice and ordered printed, and when printed to be committed to
   the  Committee  on Agriculture -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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. Paragraph b of subdivision 1 of section 305-a of the  agri-
 culture and markets law, as added by chapter 497 of the laws of 2011, is
 amended to read as follows:
   b.  Upon the request of any municipality, farm owner or operator, OR A
 PERSON OR ENTITY PERFORMING AGRICULTURAL PRACTICES ON BEHALF OF  A  FARM
 OWNER  OR  OPERATOR,  the  commissioner  shall  render an opinion to the
 appropriate local government officials, as to  whether  farm  operations
 would  be  unreasonably  restricted  or regulated by proposed changes in
 local land use regulations, ordinances or local laws pertaining to agri-
 cultural 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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02878-03-1

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