S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5123
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 2, 2023
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation  to  estab-
   lishing  the  New York state youth in agriculture and entrepreneurship
   summer employment program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 article 29-A to read as follows:
                                ARTICLE 29-A
      NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER
                            EMPLOYMENT PROGRAM
 SECTION 525. LEGISLATIVE INTENT AND FINDINGS.
         526. DEFINITIONS.
         527. NEW YORK STATE YOUTH IN  AGRICULTURE  AND  ENTREPRENEURSHIP
                SUMMER EMPLOYMENT PROGRAM.
         528. COMMISSIONER'S POWER AND DUTIES.
   §  525.  LEGISLATIVE INTENT AND FINDINGS. THE LEGISLATURE HEREBY FINDS
 THAT DIVERSIFYING THE AGRICULTURAL INDUSTRY  ADDRESSES  ISSUES  OF  FOOD
 INSECURITY  AND  FOOD ACCESS IN THE STATE. THE LEGISLATURE FURTHER FINDS
 THAT THERE ARE CERTAIN CULTURALLY SIGNIFICANT FOODS  IN  THE  STATE  AND
 SEEKS  TO  ENCOURAGE  THE CONTINUANCE OF PRODUCTION OF SUCH FOODS AND TO
 GENERATE AN INTEREST IN THE PRODUCTION OF SUCH FOODS  BY  FUTURE  GENER-
 ATIONS  OF PERSONS WORKING IN AGRICULTURE. THE LEGISLATURE HEREBY ESTAB-
 LISHES THE NEW YORK STATE  YOUTH  IN  AGRICULTURE  AND  ENTREPRENEURSHIP
 SUMMER  EMPLOYMENT  PROGRAM  TO  ALLOW  STUDENTS  THE  OPPORTUNITY TO BE
 EDUCATED ON THE AGRICULTURAL INDUSTRY AND ALTERNATIVE CAREER  PATHS  AND
 TO  ATTAIN  ENTREPRENEURIAL EXPERIENCE. THE LEGISLATURE ALSO ESTABLISHES
 THIS PROGRAM TO  SUBSIDIZE  YOUTH  EMPLOYMENT  FOR  FARMS  AND  FARMERS'
 MARKETS  THAT  COULD  OTHERWISE  PARTICIPATE IN THE PROGRAM IF THE WAGES
 WERE NOT A HARDSHIP.  IT IS THE INTENTION OF THE  LEGISLATION  THAT  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04207-01-3
              

 A. 5123                             2
 
 NEW  YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER EMPLOY-
 MENT PROGRAM SERVES AS A STEPPING STONE FOR SUCH  YOUTH  IN  CAREERS  IN
 AGRICULTURE AND ENTREPRENEURSHIP, AS WELL AS TO PROVIDE FARMERS MEANS TO
 PARTICIPATE IN THE PROGRAM.
   § 526. DEFINITIONS. AS USED IN THIS SECTION:
   1.  "MINORITY  OR  SOCIALLY DISADVANTAGED" MEANS A GROUP WHOSE MEMBERS
 HAVE BEEN SUBJECTED TO RACIAL, ETHNIC, OR GENDER  PREJUDICE  BECAUSE  OF
 THEIR  IDENTITY AS MEMBERS OF A GROUP WITHOUT REGARD TO THEIR INDIVIDUAL
 QUALITIES OR CITIZENSHIP STATUS.  THESE  GROUPS  INCLUDE,  BUT  ARE  NOT
 LIMITED TO, THE FOLLOWING:
   (A) AFRICAN AMERICANS;
   (B) NATIVE INDIANS;
   (C) ALASKAN NATIVES;
   (D) HISPANICS;
   (E) ASIAN AMERICANS; AND,
   (F) NATIVE HAWAIIANS AND PACIFIC ISLANDERS.
   2.  "LOW  INCOME  OR ECONOMICALLY DISADVANTAGED" MEANS HAVING A FAMILY
 INCOME THAT DOES NOT EXCEED ONE HUNDRED FIFTY  PERCENT  OF  THE  FEDERAL
 POVERTY  LEVEL, INCLUDING BEING A CHILD OF A WORKING MIGRATORY FAMILY OR
 AN AGRICULTURAL WORKER WHO IS EMPLOYED BY  MORE  THAN  ONE  AGRICULTURAL
 EMPLOYER  DURING  THE COURSE OF A YEAR AND WHOSE INCOME VARIES ACCORDING
 TO WEATHER CONDITIONS AND MARKET STABILITY.
   3. "QUALIFYING BUSINESS" MEANS A FARMERS MARKET, MOBILE MARKET, COMMU-
 NITY SUPPORTED AGRICULTURE, COOPERATIVE, OR ANY OTHER TYPE  OF  BUSINESS
 STRUCTURE  THAT  PROVIDES  NEW  YORK  GROWN AND RAISED FOODS DIRECTLY TO
 CONSUMERS AS APPROVED BY THE COMMISSIONER.
   4. "QUALIFYING FARM" MEANS A SMALL TO MEDIUM-SIZED FARM OR URBAN  FARM
 PARTICIPATING IN A QUALIFYING BUSINESS.
   5. "AGRICULTURAL WORK" MEANS WORK PERFORMED MAINTAINING CROPS OR TEND-
 ING LIVESTOCK.
   6.  "ENTREPRENEURSHIP  WORK  EXPERIENCE" MEANS EXPERIENCE THAT AIMS TO
 DEVELOP SKILLS DEEMED NECESSARY TO SUCCEED IN  THE  DESIGN,  LAUNCH  AND
 RUNNING OF A NEW BUSINESS.
   7.  "SUBSIDIZED  EMPLOYMENT" MEANS ANY EMPLOYMENT THROUGH THE NEW YORK
 STATE  YOUTH  IN  AGRICULTURE  AND  ENTREPRENEURSHIP  SUMMER  EMPLOYMENT
 PROGRAM  FOR  WHICH  ANY  COSTS  ASSOCIATED  WITH   PARTICIPATION IN THE
 PROGRAM, INCLUDING WAGES AND TRANSPORTATION, ARE PAID BY THE STATE OR BY
 THE FEDERAL GOVERNMENT.
   § 527. NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER
 EMPLOYMENT PROGRAM. 1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE
 NEW YORK STATE YOUTH IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER  EMPLOY-
 MENT  PROGRAM TO PROVIDE STUDENTS WITH THE OPPORTUNITY TO BE EDUCATED ON
 THE AGRICULTURAL INDUSTRY AND ALTERNATIVE CAREER PATHS  AND  TO  PROVIDE
 AGRICULTURAL WORK EXPERIENCE AND ENTREPRENEURSHIP WORK EXPERIENCE.
   2.  THE COMMISSIONER SHALL ESTABLISH APPLICATION CRITERIA THAT REQUIRE
 QUALIFYING BUSINESSES AND QUALIFYING FARMS TO  PROVIDE  UNSUBSIDIZED  OR
 SUBSIDIZED EMPLOYMENT AS FOLLOWS:
   (A) UNSUBSIDIZED EMPLOYMENT:
   (I)  DEMONSTRATE  THAT SUCH BUSINESS OR FARM CAN PROVIDE STUDENTS WITH
 BOTH AGRICULTURAL WORK EXPERIENCE AND ENTREPRENEURSHIP WORK EXPERIENCE;
   (II) PAY WAGES TO ELIGIBLE STUDENTS IN AN AMOUNT THAT IS ABOVE MINIMUM
 WAGE;
   (III) PROVIDE TRANSPORTATION TO AND FROM THE  QUALIFYING  BUSINESS  OR
 QUALIFYING  FARM OR TO PROVIDE TRANSPORTATION COMPENSATION TO THE ELIGI-
 BLE STUDENT; AND
 A. 5123                             3
 
   (IV) PROVIDE ELIGIBLE STUDENTS WITH A MINIMUM OF SIXTEEN HOURS  AND  A
 MAXIMUM OF NO MORE THAN FORTY HOURS OF WORK PER WEEK.
   (B) SUBSIDIZED EMPLOYMENT:
   (I)  DEMONSTRATE  THAT SUCH BUSINESS OR FARM CAN PROVIDE STUDENTS WITH
 BOTH AGRICULTURAL WORK EXPERIENCE AND ENTREPRENEURSHIP WORK EXPERIENCE;
   (II) ESTABLISH A HARDSHIP TO PAY WAGES  TO  ELIGIBLE  STUDENTS  IN  AN
 AMOUNT THAT IS ABOVE MINIMUM WAGE;
   (III)  DEMONSTRATE  A  HARDSHIP TO PROVIDE TRANSPORTATION TO AND  FROM
 THE QUALIFYING  BUSINESS  OR QUALIFYING FARM OR A  HARDSHIP  TO  PROVIDE
 TRANSPORTATION COMPENSATION TO THE ELIGIBLE STUDENT; AND
   (IV) PROVIDE ELIGIBLE STUDENTS WITH A MINIMUM OF SIXTEEN  HOURS  AND A
 MAXIMUM OF NO MORE THAN FORTY HOURS OF WORK PER WEEK.
   §  528.  COMMISSIONER'S POWERS AND DUTIES. THE COMMISSIONER SHALL HAVE
 THE FOLLOWING POWERS AND DUTIES WITH REGARDS TO THE NEW YORK STATE YOUTH
 IN AGRICULTURE AND ENTREPRENEURSHIP SUMMER EMPLOYMENT PROGRAM:
   1. TO PROMULGATE GRANTS AS NECESSARY TO ACHIEVE THE LEGISLATIVE INTENT
 OF THIS PROGRAM AS SET FORTH IN THIS ARTICLE.
   2. TO APPLY FOR FEDERAL GRANTS TO HELP FUND THE PROGRAM.
   3. IN CONSULTATION AND COOPERATION WITH  THE  COMMISSIONER  OF  SOCIAL
 SERVICES, THE COMMISSIONER OF EDUCATION, AND THE PRESIDENT OF THE HIGHER
 EDUCATION  SERVICES  CORPORATION,  TO  PERFORM  OUTREACH  TO  ENSURE THE
 PROGRAM IS KNOWN AND AVAILABLE TO STUDENTS WHO  ARE  SOCIALLY  DISADVAN-
 TAGED OR ECONOMICALLY DISADVANTAGED.
   4.  TO  ESTABLISH  A  WEBSITE  FOR THE PROGRAM WHICH INCLUDES A PORTAL
 WHERE STUDENTS MAY APPLY FOR JOBS AND WHERE  QUALIFYING  BUSINESSES  AND
 QUALIFYING  FARMS  MAY  CONNECT AND WHICH PROVIDES PROMOTIONAL MATERIALS
 ABOUT THE PROGRAM IN A PDF FORMAT THAT IS EASILY ACCESSIBLE  AND  PRINT-
 ABLE BY ORGANIZATIONS AND THE GENERAL PUBLIC.
   5.  TO  INCLUDE  ANNUAL  OUTREACH  CAMPAIGNS THAT START AT LEAST THREE
 MONTHS PRIOR TO THE DATE WHEN APPLICATIONS FOR THE  SUMMER  PROGRAM  ARE
 FIRST  ABLE  TO  BE  SUBMITTED. SUCH CAMPAIGNS SHALL INCLUDE OUTREACH TO
 SCHOOLS, NON-PROFIT ORGANIZATIONS, QUALIFYING BUSINESSES AND  QUALIFYING
 FARMS. SUCH OUTREACH SHALL BE PERFORMED IN A VARIETY OF METHODS, INCLUD-
 ING A SOCIAL MEDIA CAMPAIGN.
   6.  TO  CREATE  AN  INFORMATIONAL  PACKET FOR STUDENTS ON AGRICULTURAL
 OPPORTUNITIES IN HIGHER EDUCATION INCLUDING, BUT NOT LIMITED TO,  INFOR-
 MATION  ON  THE  AVAILABILITY OF SCHOLARSHIPS, STUDENT LOAN FORGIVENESS,
 AND GOVERNMENT ASSISTANCE TO CREATE AND ESTABLISH FARMS.
   7. TO ESTABLISH A SUBSIDIZED EMPLOYMENT PROGRAM FOR  QUALIFYING  FARMS
 AND  QUALIFYING  BUSINESSES  THAT  COULD  OTHERWISE  PARTICIPATE  IN THE
 PROGRAM IF PAYING WAGES WERE NOT A HARDSHIP.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.