S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3612
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   determination  of land used in agricultural production for purposes of
   agricultural districts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  f, h and k of subdivision 4 of section 301 of
 the agriculture and markets law, paragraph f as amended by  chapter  445
 of  the  laws of 2002, paragraph h as amended by chapter 587 of the laws
 of 2005 and paragraph k as added by chapter 341 of the laws of 2008, are
 amended to read as follows:
   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 thousand
 dollars or more, or land of less than seven acres used as a single oper-
 ation 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 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
 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 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 thousand dollars or more; or (3) land situated 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 thousand dollars or more, if the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08309-01-3
              

 A. 3612                             2
 
 farm operation uses seven or more acres in agricultural  production,  or
 (ii)  fifty  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 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 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 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 adjacent  landown-
 ers.    Notwithstanding  any other provision of this subdivision, rented
 land associated with an apiary products operation is not eligible for an
 agricultural assessment based on this paragraph.
   § 2. This act shall take effect immediately and shall  apply  to  real
 property assessments for taxes imposed on or after such date.