Assembly Bill A3786A

2023-2024 Legislative Session

Relates to land used in agricultural production

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Current Bill Status - In Assembly 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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Bill Amendments

2023-A3786 - Details

See Senate Version of this Bill:
S1056
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §301, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10681
2021-2022: A3084, S5955

2023-A3786 - Summary

Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.

2023-A3786 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3786
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law,  in  relation  to  land
   used in agricultural production
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 4 of  section  301  of
 the  agriculture  and markets law, as amended by chapter 344 of the laws
 of 2012, is 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 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 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 live-
 stock products, PROVIDED, HOWEVER, THAT THIS EXCLUSION SHALL  NOT  APPLY
 TO  FIELD  CROPS  GROWN  AND CONSUMED ON A FARM BY ANIMALS ON SUCH FARM.
 Land used in agricultural production shall also include:
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law and shall apply to assessment rolls prepared on the
 basis of a taxable status date occurring on or after such  date.  Effec-
 tive  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.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04380-01-3

2023-A3786A (ACTIVE) - Details

See Senate Version of this Bill:
S1056
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §301, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10681
2021-2022: A3084, S5955

2023-A3786A (ACTIVE) - Summary

Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.

2023-A3786A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3786--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Agriculture --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the agriculture and markets law, in relation to land
   used in agricultural production

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 301 of the agriculture and markets
 law is amended by adding two new paragraphs o and p to read as follows:
   O.  LAND THAT IS OWNED OR RENTED AS A FARM OPERATION FOR THE PRECEDING
 TWO YEARS FOR THE PRODUCTION FOR SALE OF CROPS, LIVESTOCK  OR  LIVESTOCK
 PRODUCTS,  THAT  CONSISTS OF (1) NOT LESS THAN SEVEN ACRES AND AN ANNUAL
 GROSS SALES VALUE OF FIVE THOUSAND DOLLARS OR MORE;  OR  (2)  LESS  THAN
 SEVEN  ACRES  AND  AN  ANNUAL  GROSS SALES VALUE OF THIRTY-FIVE THOUSAND
 DOLLARS OR MORE. SUCH FARM OPERATION SHALL ALSO  BE  ABLE  TO  ESTABLISH
 THAT  THE  FARM  OPERATION  WILL MEET THE GROSS SALES VALUE REQUIREMENTS
 DESCRIBED IN PARAGRAPH F OF  THIS  SUBDIVISION  WITHIN  THREE  YEARS  OF
 ATTAINING  AN  AGRICULTURAL ASSESSMENT. THE COMMISSIONER OR THE ADVISORY
 BOARD ESTABLISHED PURSUANT TO SECTION THREE HUNDRED NINE-A OF THIS ARTI-
 CLE SHALL CREATE A SET OF METRICS AND CONSIDERATIONS USED  BY  ASSESSORS
 TO DETERMINE WHETHER THE FARM OPERATION WILL MEET SUCH GROSS SALES VALUE
 REQUIREMENT  WITHIN  THREE  YEARS.  ASSESSORS SHALL USE SUCH METRICS AND
 CONSIDERATIONS AND SHALL GIVE SPECIAL CONSIDERATION TO  FARM  OPERATIONS
 THAT  WERE AWARDED ANY STATE OR FEDERAL GRANTS, IN PARTICULAR GRANTS FOR
 BEGINNING FARMERS AND GRANTS FOR ECONOMICALLY AND SOCIALLY DISADVANTAGED
 FARMERS. THE COMMISSIONER OR THE ADVISORY BOARD ESTABLISHED PURSUANT  TO
 SECTION  THREE  HUNDRED  NINE-A  OF  THIS ARTICLE SHALL MONITOR THE FARM
 OPERATION'S PROGRESS, AS WELL AS CONNECT TO RESOURCES TO ENSURE THE FARM
 OPERATION MEETS THE GROSS SALES VALUE REQUIREMENT WITHIN THE TIME ALLOT-
 TED. LAND THAT RECEIVES AN AGRICULTURAL ASSESSMENT AND IS UNABLE TO MEET
 THE REQUIRED GROSS SALES VALUE WITHIN THREE YEARS AS DESCRIBED  IN  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04380-05-3

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