S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5708
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced by M. of A. TAGUE, BRABENEC, GALLAHAN, HAWLEY, MILLER, DURSO,
   PALMESANO,  LEMONDES, CRUZ, DAVILA, MEEKS -- read once and referred to
   the Committee on Agriculture
 
 AN ACT to amend the agriculture  and  markets  law,  the  tax  law,  the
   estates,  powers  and trusts law, the labor law, the public health law
   and the workers' compensation law, in relation to establishing the  NY
   food  insecurity, farm resiliency and rural poverty initiative; and to
   repeal certain provisions of the labor law and  the  workers'  compen-
   sation law relating thereto; and making an appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "NY Food Insecurity, Farm Resiliency and Rural Poverty act".
   §  2.  Legislative  findings and intent. The legislature hereby recog-
 nizes that the agricultural  industry  is  a  significant,  economically
 diverse  and  productive industry that is vital to the state of New York
 and has a substantial impact on the state's economy. That  the  COVID-19
 pandemic,  and  the  subsequent mandates and restrictions, have severely
 disrupted the agricultural markets to an extent seldom realized  by  the
 state. Consequently, the legislature hereby recognizes that a comprehen-
 sive  support structure is necessary to ensure the viability of New York
 farms and provide reliable market expectations for New York farmers.
  § 3. The agriculture and markets law is amended by adding a new article
 24-A to read as follows:
                               ARTICLE 24-A
         NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY ACT
 SECTION 291. SHORT TITLE.
         291-A. LEGISLATIVE INTENT.
         291-B. DEFINITIONS.
         291-C. NY FOOD INSECURITY, FARM  RESILIENCY  AND  RURAL  POVERTY
                  OFFICE.
         291-D. PERMANENT AGRICULTURAL PURCHASING ASSISTANCE PROGRAM.
         291-E. COMMERCIAL MEAT AND DAIRY PROCESSING INCENTIVE PROGRAM.
         291-F. NEW YORK MEAT AND DAIRY PROCESSING STUDY COMMISSION.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08693-01-3
 A. 5708                             2
 
         291-G. PERSONAL SERVICE COST ASSISTANCE PROGRAM.
         291-H. BEGINNING FARMERS GRANT PROGRAM.
         291-I. FARM INFRASTRUCTURE AND EQUIPMENT GRANT PROGRAM.
         291-J. COMMERCIAL REAL ESTATE AND WAREHOUSING GRANT PROGRAM.
         291-K. COLD STORAGE EQUIPMENT GRANT PROGRAM.
         291-L. COLD STORAGE TRANSPORTATION GRANT PROGRAM.
         291-M. TRANSPORTATION FUEL REIMBURSEMENT PROGRAM.
         291-N. FARMNET PROGRAM.
   §  291.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY ACT".
   § 291-A. LEGISLATIVE INTENT. THE LEGISLATURE  HEREBY  RECOGNIZES  THAT
 NEW  YORK  STATE  BOASTS  A  VALUABLE  AGRICULTURAL  SECTOR AS WELL AS A
 COMPREHENSIVE STRUCTURE OF TEN REGIONAL FOOD BANKS WHICH ARE TAILORED TO
 EACH REGION'S RESOURCES AND NEEDS; NEW YORK'S FARMERS  AND  THE  STATE'S
 FOOD  BANKS  WORK  IN  CONJUNCTION  WITH  OVER  FOUR THOUSAND LOCAL FOOD
 PANTRIES AND NON-PROFIT PARTNER ORGANIZATIONS TO SERVE BETWEEN THREE AND
 FIVE MILLION NEW YORKERS ANNUALLY. IN SUPPORT OF THESE EFFORTS, NEW YORK
 AGRICULTURE,  WHICH  EMPLOYS  NEARLY  TWO  HUNDRED  THOUSAND  RESIDENTS,
 PRODUCES  EIGHTEEN  BILLION POUNDS OF FRESH PRODUCE ANNUALLY, AS WELL AS
 OVER FIFTEEN BILLION  POUNDS  OF  MILK  AND  TWO  HUNDRED  SEVENTY-THREE
 MILLION  POUNDS  OF  MEAT.  THE AGRICULTURAL SECTOR IN NEW YORK STATE IS
 WORTH MORE THAN FIVE BILLION SEVEN  HUNDRED  FIFTY  MILLION  DOLLARS  IN
 DIRECT  ECONOMIC  ACTIVITY  ANNUALLY;  NINETY-EIGHT  PERCENT OF NEW YORK
 FARMS ARE FAMILY-OWNED, WITH AN AVERAGE FARM SIZE OF ABOUT  TWO  HUNDRED
 FIVE ACRES AND A MEDIAN PRODUCER AGE OF ABOUT FIFTY-SEVEN YEARS.  HOWEV-
 ER  PROFITABLE  IN  TERMS  OF  REVENUE, IT MUST BE ACKNOWLEDGED THAT THE
 AMOUNT OF ACREAGE UNDER TILLAGE HAS BEEN IN DECLINE; SINCE TWO  THOUSAND
 TWELVE,  ACREAGE  UNDER CULTIVATION HAS DECLINED BY NEARLY THREE HUNDRED
 TWENTY THOUSAND ACRES.
   THE COVID-19 PANDEMIC AND, MORE SPECIFICALLY, NEW YORK STATE'S AGGRES-
 SIVE RESPONSE TO IT HAS CAUSED SEVERE DISRUPTION TO THE LIVES AND  LIVE-
 LIHOODS  OF  NEW  YORK FARMERS; MANDATORY SHUTDOWNS AND CAPACITY LIMITA-
 TIONS RELATED TO THE STATE'S COVID-19 RESPONSE,  ESPECIALLY  DURING  THE
 SPRING  OF  TWO THOUSAND TWENTY, CREATED A MASSIVE DEFICIT IN DEMAND FOR
 AGRICULTURAL PRODUCTS AND SERVICES IN SECTORS RANGING FROM  FOOD-SERVICE
 TO  TOURISM,  ESPECIALLY  CONCERNING  DAIRY  PRODUCTS.  THIS DRASTICALLY
 REDUCED DEMAND FORCED NEW YORK'S FARMERS TO DUMP MILLIONS OF GALLONS  OF
 MILK  AS  UNPROFITABLE  WASTE,  COSTING  TENS  OF MILLIONS OF DOLLARS IN
 POTENTIAL REVENUE.
   NEW YORK STATE'S COVID-19 RESPONSE HAS THROWN INTO SHARP  RELIEF  SOME
 WAYS  IN  WHICH  THE RELATIONSHIP BETWEEN NEW YORK STATE AGRICULTURE AND
 ITS FOOD BANKS COULD BE IMPROVED, BOTH FOR THE BENEFIT OF NEW YORK FARM-
 ERS AND THOSE IN NEED.   THESE  INCLUDE:    AGRICULTURAL  ASSISTANCE  TO
 PREVENT  AGRICULTURAL  FOOD  WASTE  AND  OTHER  PROBLEMS ASSOCIATED WITH
 TEMPORARILY LOW  DEMAND  FOR  AGRICULTURAL  PRODUCTS  DUE  TO  EMERGENCY
 DISRUPTIONS;  ACCESS  TO,  AND CAPACITY ISSUES WITH, COLD STORAGE EQUIP-
 MENT, AND THE ACQUISITION AND MAINTENANCE OF FOOD  TRANSPORTATION.    TO
 ADDRESS  THESE  NEEDS, THE NEW YORK FOOD INSECURITY, FARM RESILIENCY AND
 RURAL POVERTY ACT IS HEREBY INTRODUCED.
   § 291-B. DEFINITIONS. FOR PURPOSES  OF  THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACT" SHALL MEAN THE NEW YORK FOOD INSECURITY, FARM RESILIENCY AND
 RURAL POVERTY ACT.
   2. "EQUIPMENT" SHALL MEAN TRACTORS, TRUCKS,  AUTOMATED  MILK  PUSHERS,
 AUTOMATED  FEED  PUSHERS,  REFRIGERATORS,  FREEZERS,  GENERATORS AND ANY
 A. 5708                             3
 
 OTHER TOOL, MACHINE OR IMPLEMENT USED IN AGRICULTURAL, FOOD BANK OR FOOD
 PANTRY OPERATIONS.
   3.  "FUEL"  SHALL  MEAN  GASOLINE,  DIESEL  FUEL,  HYDROGEN,  PROPANE,
 COMPRESSED NATURAL GAS, OR AN ELECTRICAL CHARGE STORED IN  ONE  OR  MORE
 VEHICLE-BORNE BATTERIES.
   4.  "COLD  STORAGE" SHALL MEAN THE STORAGE OF PERISHABLE FOOD PRODUCTS
 IN A TEMPERATURE-CONTROLLED COLD SPACE FOR THE PURPOSE OF PRESERVATION.
   5. "COMMERCIAL MEAT PROCESSING" SHALL MEAN THE LARGE-SCALE  END-TO-END
 PREPARATION  OF  MEAT,  POULTRY  AND  SEAFOOD FOR CONSUMPTION, INCLUDING
 INSPECTION.
   6. "COMMERCIAL DAIRY PROCESSING" SHALL MEAN THE LARGE-SCALE END-TO-END
 PREPARATION  OF  MILK  AND  MILK  PRODUCTS  FOR  CONSUMPTION,  INCLUDING
 INSPECTION.
   7.  "RENDERING"  SHALL  MEAN  THE  RECYCLING,  BY A MEAT PROCESSOR, OF
 UNUTILIZED MEAT, FAT, BONE AND OTHER WASTE ANIMAL  PRODUCTS  INTO  OTHER
 USABLE PRODUCTS, SUCH AS BIOFUELS.
   8.  "NY FARMNET" OR "FARMNET" MEANS THE FARM FAMILY ASSISTANCE PROGRAM
 FOUNDED IN NINETEEN EIGHTY-SIX AT THE NEW YORK STATE COLLEGE OF AGRICUL-
 TURE AND LIFE SCIENCES AT CORNELL UNIVERSITY.
   9. "COMMISSIONERS" SHALL MEAN  THE  COMMISSIONER  OF  AGRICULTURE  AND
 MARKETS,  THE  COMMISSIONER  OF  THE  OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE AND THE COMMISSIONER OF THE DEPARTMENT OF HEALTH.
   10. "INITIATIVE" SHALL MEAN THE NEW YORK FOOD INSECURITY, FARM RESILI-
 ENCY AND RURAL POVERTY INITIATIVE ESTABLISHED PURSUANT  TO  SECTION  TWO
 HUNDRED NINETY-ONE OF THIS ARTICLE.
   11.  "COMMISSION"  SHALL  MEAN  THE NEW YORK MEAT AND DAIRY PROCESSING
 STUDY  COMMISSION  ESTABLISHED   PURSUANT   TO   SECTION   TWO   HUNDRED
 NINETY-ONE-F OF THIS ARTICLE.
   12.  "LIVESTOCK  PRODUCER"  SHALL MEAN ANY PERSON WHO OWNS OR ACQUIRES
 OWNERSHIP OF CATTLE, SHEEP, DEER, LLAMAS, ALPACAS, GOATS, HORSES,  POUL-
 TRY,  AND SIMILAR ANIMALS KEPT FOR DOMESTIC USE BUT NOT AS PETS, SUCH AS
 ON A FARM OR RANCH.
   § 291-C. NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY OFFICE.
 THE COMMISSIONERS SHALL INITIATE AND MAINTAIN A NY FOOD INSECURITY, FARM
 RESILIENCY AND RURAL  POVERTY  OFFICE  WITHIN  THE  DEPARTMENT  FOR  THE
 PURPOSE  OF PROVIDING OVERSIGHT AND ASSISTANCE TO APPLICANTS AND RECIPI-
 ENTS INTENDED TO BENEFIT FROM THE INITIATIVE. THE PROGRAM SHALL  PROVIDE
 FINANCIAL  ASSISTANCE  IN  THE FORM OF MATCHING GRANTS, PERSONAL SERVICE
 COST ASSISTANCE, PURCHASING ASSISTANCE, TAX CREDITS, TAX EXEMPTIONS, AND
 REIMBURSEMENTS.
   § 291-D. PERMANENT  AGRICULTURAL  PURCHASING  ASSISTANCE  PROGRAM.  1.
 THERE  IS  HEREBY CREATED WITHIN THE NY FOOD INSECURITY, FARM RESILIENCY
 AND RURAL POVERTY OFFICE, THE  NEW  YORK  STATE  PERMANENT  AGRICULTURAL
 PURCHASING  ASSISTANCE  PROGRAM.   SUBJECT TO THE AVAILABILITY OF FUNDS,
 THE SUM OF TEN MILLION DOLLARS SHALL BE ANNUALLY AVAILABLE TO FUND  SUCH
 PROGRAM. SUCH PROGRAM SHALL BE ESTABLISHED AND FUNDED TO PERMIT REGIONAL
 FOOD  BANKS  TO PURCHASE INCREASED AMOUNTS OF AGRICULTURAL FOOD PRODUCTS
 FROM NEW YORK FARMERS.  FUNDING SHALL BE ALLOCATED TO EACH REGIONAL FOOD
 BANK ACCORDING TO A FORMULA DETERMINED BY THE DEPARTMENT TO ENSURE EQUI-
 TABLE DISTRIBUTION OF FUNDS.
   2. DURING A DECLARED STATE OF EMERGENCY AND SUBJECT TO THE AVAILABILI-
 TY OF FUNDS, SUCH PROGRAM SHALL BE GIVEN ADDITIONAL FUNDS IN THE  AMOUNT
 OF TWENTY MILLION DOLLARS TO PERMIT PROGRAM EXPANSION.
   §  291-E.  COMMERCIAL  MEAT,  FIBER  AND  DAIRY  PROCESSING  INCENTIVE
 PROGRAM. 1.  THERE IS HEREBY CREATED WITHIN THE NY FOOD INSECURITY, FARM
 RESILIENCY AND RURAL POVERTY OFFICE,  THE  COMMERCIAL  MEAT,  FIBER  AND
 A. 5708                             4
 
 DAIRY  PROCESSING INCENTIVE PROGRAM. THE OBJECTIVE OF SUCH PROGRAM IS TO
 INCREASE THE AVAILABLE PROCESSING CAPACITY FOR MEAT, FIBER AND/OR  DAIRY
 PRODUCTS  IN NEW YORK STATE. UNDER THIS SECTION, THE EMPIRE STATE DEVEL-
 OPMENT  CORPORATION  IS  AUTHORIZED  TO PROVIDE GRANTS FOR CONSTRUCTION,
 FINANCING AND EQUIPMENT OF UP TO  ONE  HUNDRED  PERCENT  OF  A  PROJECT,
 PROVIDED  THAT  THE TOTAL AMOUNT OF ASSISTANCE PROVIDED PURSUANT TO THIS
 SUBDIVISION SHALL NOT EXCEED AN APPROPRIATION PROVIDED FOR THE  PURPOSES
 OF THIS SECTION.
   2. THE DEPARTMENT SHALL DEVELOP RULES AND REGULATIONS NECESSARY TO:
   (A)  PURCHASE  COMMERCIAL  REAL PROPERTY AND BUILD FACILITIES SUITABLE
 FOR TURNKEY OPERATIONS BY PRIVATE COMMERCIAL MEAT,  FIBER  AND/OR  DAIRY
 PROCESSORS.  UNDER THIS PROGRAM, THE DEPARTMENT SHALL MAINTAIN OWNERSHIP
 OF THE PROPERTY AND EQUIPMENT AND IS HEREBY  AUTHORIZED  TO  ENTER  INTO
 LEASE  AGREEMENTS WITH COMMERCIAL MEAT, FIBER AND DAIRY PROCESSING BUSI-
 NESS ENTITIES TO OPERATE AT SUCH FACILITIES; AND
   (B) REQUIRE COMMERCIAL MEAT, FIBER AND/OR DAIRY PROCESSING  FACILITIES
 LOCATED  AT AND/OR OPERATED BY THE STATE UNIVERSITY OF NEW YORK TO MAIN-
 TAIN FULL-SCALE OPERATIONS IN THE EVENT OF A DECLARATION OF A  STATE  OF
 EMERGENCY.
   §  291-F.  NEW YORK MEAT, FIBER AND DAIRY PROCESSING STUDY COMMISSION.
 1.  THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT, THE COMMISSION ON
 MEAT, FIBER AND DAIRY PROCESSING IN NEW YORK STATE (HEREINAFTER REFERRED
 TO AS "THE COMMISSION").
   2. THE COMMISSION SHALL CONSIST OF NINETEEN MEMBERS TO BE APPOINTED AS
 FOLLOWS:
   (A) THE COMMISSIONER, OR HIS OR HER DESIGNEE;
   (B) THE COMMISSIONER OF LABOR, OR HIS OR HER DESIGNEE;
   (C) THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION, OR  HIS
 OR HER DESIGNEE;
   (D)  THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, OR HIS OR HER
 DESIGNEE;
   (E) THE COMMISSIONER OF TRANSPORTATION, OR HIS OR HER DESIGNEE;
   (F) THE COMMISSIONER OF ENVIRONMENTAL  CONSERVATION,  OR  HIS  OR  HER
 DESIGNEE;
   (G)  ONE  MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY, WITH EXPER-
 TISE IN ONE OR MORE OF THE FOLLOWING AREAS: MEAT PROCESSING, FIBER PROC-
 ESSING, DAIRY PROCESSING, OR AGRICULTURE;
   (H) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY,  WITH
 EXPERTISE  IN ONE OR MORE OF THE FOLLOWING AREAS: MEAT PROCESSING, FIBER
 PROCESSING, DAIRY PROCESSING, OR AGRICULTURE;
   (I) ONE MEMBER APPOINTED BY THE TEMPORARY  PRESIDENT  OF  THE  SENATE,
 WITH  EXPERTISE  IN ONE OR MORE OF THE FOLLOWING AREAS: MEAT PROCESSING,
 FIBER PROCESSING, DAIRY PROCESSING, OR AGRICULTURE;
   (J) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF  THE  SENATE,  WITH
 EXPERTISE  IN ONE OR MORE OF THE FOLLOWING AREAS: MEAT PROCESSING, FIBER
 PROCESSING, DAIRY PROCESSING, OR AGRICULTURE;
   (K) THE HEAD OF THE FOOD BANK ASSOCIATION OF NEW YORK STATE, OR HIS OR
 HER DESIGNEE;
   (L) ONE MEMBER WHO SERVES AS THE EXECUTIVE DIRECTOR OF A REGIONAL FOOD
 BANK;
   (M) ONE MEMBER WHO HAS OWNED AND/OR  OPERATED  MEAT  PROCESSING  OPER-
 ATIONS IN NEW YORK FOR A PERIOD OF AT LEAST FIVE YEARS;
   (N) ONE MEMBER WHO HAS OWNED AND/OR OPERATED A FIBER PROCESSING OPERA-
 TION IN NEW YORK FOR A PERIOD OF AT LEAST FIVE YEARS;
   (O)  ONE MEMBER WHO HAS OWNED AND/OR OPERATED A DAIRY FARM IN NEW YORK
 FOR A PERIOD OF AT LEAST TEN YEARS;
 A. 5708                             5
 
   (P) ONE MEMBER WHO IS AN ACTIVE MEAT INSPECTOR;
   (Q) ONE MEMBER WHO IS AN ACTIVE DAIRY INSPECTOR;
   (R) ONE MEMBER WHO IS A LIVESTOCK PRODUCER; AND
   (S)  ONE  MEMBER  WHO HAS OWNED AND/OR OPERATED AN ACTIVE PRODUCE FARM
 FOR A PERIOD OF AT LEAST TEN YEARS.
   3. APPOINTMENTS SHALL BE MADE TO THE COMMISSION WITHIN NINETY DAYS  OF
 THE EFFECTIVE DATE OF THIS ARTICLE.  COMMISSION MEMBERS SHALL RECEIVE NO
 COMPENSATION  FOR  THEIR SERVICES BUT SHALL BE REIMBURSED FOR ACTUAL AND
 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   4. THE COMMISSION SHALL BE AUTHORIZED  TO  HOLD  PUBLIC  HEARINGS  AND
 MEETINGS  TO  ENABLE  IT  TO  ACCOMPLISH  ITS DUTIES. THE COMMISSION MAY
 CONSULT WITH ANY ORGANIZATION, EDUCATIONAL INSTITUTION, OTHER GOVERNMENT
 ENTITY OR AGENCY OR PERSON IN THE DEVELOPMENT OF ITS REPORT.
   5. THE COMMISSION SHALL BE TASKED  WITH  UNDERTAKING  A  COMPREHENSIVE
 EXAMINATION OF THE LOGISTICAL, LEGAL, ECONOMIC AND REGULATORY CHALLENGES
 FACED  BY  THE  MEAT,  FIBER AND DAIRY PROCESSING INDUSTRIES IN NEW YORK
 STATE, WITH THE OBJECTIVE OF ISSUING RECOMMENDATIONS IN ORDER  TO  MITI-
 GATE  THESE  CHALLENGES  TO ENCOURAGE EXPANSION OF THIS ECONOMIC SECTOR.
 AMONG OTHER MATTERS, THE COMMISSION SHALL EXAMINE THE FOLLOWING AREAS OF
 CONCERN:
   (A) LACK OF INSPECTORS;
   (B) UTILITIES INFRASTRUCTURE;
   (C) LABOR LAW;
   (D) ALL STATE AND LOCAL REGULATIONS, INCLUDING REQUIRED DOCUMENTATION;
   (E) SHORTAGES OF SKILLED, TRAINED LABOR;
   (F) FINANCIAL COSTS OF CONSTRUCTION OF MEAT, FIBER AND DAIRY  PROCESS-
 ING FACILITIES; AND
   (G) ANY FURTHER ISSUES THAT THE COMMISSION SHALL DEEM NECESSARY.  UPON
 RECEIPT  OF RECOMMENDATIONS FROM THE COMMISSION, THE COMMISSIONER SHALL,
 WITHIN NINETY DAYS,  PROMULGATE  RULES  AND  REGULATIONS  NECESSARY  FOR
 EFFECTUATING THE INTENT OF THE RECOMMENDATIONS MADE BY THE COMMISSION.
   6.  THE  COMMISSION  SHALL  DIRECT THE STATE UNIVERSITY OF NEW YORK TO
 INCREASE AND MAINTAIN EDUCATIONAL AND TRAINING PROGRAMS DEVOTED  TO  THE
 RENDERING PROCESS, GIVEN ITS ESSENTIAL ROLE IN PROCESSING OF THIS NATURE
 AND  THE  SHORTFALLS  CURRENTLY FACED BY THE STATE IN TERMS OF RENDERING
 CAPACITY.
   7. THE COMMISSION WILL SUBMIT RECOMMENDATIONS TO THE GOVERNOR AND  THE
 LEGISLATURE CONCERNING THE NUMBER OF PROCESSING PLANTS TO BE CONSTRUCTED
 AND  WHERE  THESE  FACILITIES SHOULD BE LOCATED, IN ORDER TO ACHIEVE THE
 MOST BENEFICIAL ECONOMIC IMPACT IN VARIOUS REGIONS  OF  THE  STATE.  THE
 COMMISSION  SHALL  ISSUE  A  REPORT  DETAILING  SUCH RECOMMENDATIONS FOR
 IMPROVING THE STATE'S PROSPECTS  CONCERNING  IN-STATE  MEAT,  FIBER  AND
 DAIRY  PROCESSING  WITHIN  NINE MONTHS OF THE ENACTMENT OF THIS ARTICLE.
 RECOMMENDATIONS SPECIFIC TO THE COST AND CONSTRUCTION OF MEAT, FIBER AND
 DAIRY PROCESSING FACILITIES SHALL BE SUBJECT TO APPROVAL  AND  APPROPRI-
 ATION OF FUNDS BY THE LEGISLATURE.
   §  291-G.  PERSONAL  SERVICE  COST ASSISTANCE PROGRAM. THERE IS HEREBY
 CREATED WITHIN THE NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY
 OFFICE, THE PERSONAL SERVICE COST ASSISTANCE  PROGRAM.  SUBJECT  TO  THE
 AVAILABILITY  OF FUNDS, THE SUM OF TWO MILLION DOLLARS SHALL BE ANNUALLY
 AVAILABLE TO FUND SUCH PROGRAM. SUCH PROGRAM SHALL  BE  ESTABLISHED  AND
 FUNDED  TO OFFSET THE HIRING COSTS OF ADDITIONAL PERSONNEL IN SUPPORT OF
 EXPANDED FOOD BANK OPERATIONS, INCLUDING BUT NOT LIMITED TO  TRANSPORTA-
 TION  PERSONNEL.  NO  RAISES  OR  ADDITIONAL  COMPENSATION  FOR EXISTING
 EMPLOYEES WILL BE PERMITTED FROM THIS FUNDING.
 A. 5708                             6
 
   § 291-H. BEGINNING FARMERS GRANT  PROGRAM.  THERE  IS  HEREBY  CREATED
 WITHIN THE NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY OFFICE,
 THE  BEGINNING  FARMERS  GRANT  PROGRAM.  SUBJECT TO THE AVAILABILITY OF
 FUNDS, THE SUM OF ONE MILLION DOLLARS SHALL BE MADE  AVAILABLE  TO  FUND
 THE  BEGINNING  FARMERS  GRANT PROGRAM. SUCH PROGRAM SHALL BE FUNDED FOR
 GRANTS TO BE AWARDED UNDER THE BEGINNING FARMERS  NY  FUND  PURSUANT  TO
 SECTION SIXTEEN-W OF THE URBAN DEVELOPMENT CORPORATION ACT.
   §  291-I.  FARM  INFRASTRUCTURE  AND EQUIPMENT GRANT PROGRAM. THERE IS
 HEREBY CREATED WITHIN THE NY FOOD INSECURITY, FARM RESILIENCY AND  RURAL
 POVERTY  OFFICE,  THE  FARM  INFRASTRUCTURE AND EQUIPMENT GRANT PROGRAM.
 SUBJECT TO THE AVAILABILITY OF FUNDS, THE SUM  OF  SIX  MILLION  DOLLARS
 SHALL BE MADE AVAILABLE TO FUND SUCH PROGRAM. MATCHING GRANTS ARE HEREBY
 ESTABLISHED  TO  HELP  FUND THE COSTS OF INFRASTRUCTURE IMPROVEMENTS AND
 EQUIPMENT PURCHASES FOR ESTABLISHED NEW YORK FARMERS WHO  HAVE  BEEN  IN
 BUSINESS FOR TEN YEARS OR MORE. ELIGIBLE APPLICANTS SHALL BE RESPONSIBLE
 FOR  TEN  PERCENT  OF FUNDING, LEVERAGING NINETY PERCENT IN STATE FUNDS.
 CAPITAL GRANTS MAY BE UTILIZED TO IMPROVE FARM  PROFITABILITY,  PURCHASE
 MACHINERY,  INCLUDING  BUT  NOT  LIMITED TO, AUTOMATED FARMING EQUIPMENT
 AND/OR FOR THE  CONSTRUCTION  OR  IMPROVEMENT  OF  PHYSICAL  STRUCTURES.
 GRANTS TO ELIGIBLE APPLICANTS, WHICH SHALL INCLUDE VETERANS AND DISABLED
 PERSONS, SHALL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS.
   §  291-J.  COMMERCIAL REAL ESTATE AND WAREHOUSING GRANT PROGRAM. THERE
 IS HEREBY CREATED WITHIN THE NY FOOD  INSECURITY,  FARM  RESILIENCY  AND
 RURAL  POVERTY  OFFICE, THE COMMERCIAL REAL ESTATE AND WAREHOUSING GRANT
 PROGRAM. SUBJECT TO THE AVAILABILITY OF FUNDS, THE SUM  OF  SIX  MILLION
 DOLLARS  SHALL  BE MADE AVAILABLE TO FUND SUCH PROGRAM.  MATCHING GRANTS
 ARE HEREBY ESTABLISHED TO HELP FUND THE COSTS OF COMMERCIAL REAL  ESTATE
 ACQUISITION,  AS WELL AS THE CONSTRUCTION OF ADDITIONAL WAREHOUSE SPACE,
 FOR EACH OF NEW YORK'S REGIONAL FOOD BANKS, WHICH SHALL INCLUDE BUT  NOT
 BE  LIMITED  TO,  ISLAND HARVEST, LTD.   AND CITY HARVEST, INC. ELIGIBLE
 APPLICANTS SHALL  PROVIDE  TWENTY  PERCENT  FUNDING,  LEVERAGING  EIGHTY
 PERCENT  PROVIDED  BY STATE FUNDS. GRANTS TO ELIGIBLE APPLICANTS MAY NOT
 EXCEED SIX HUNDRED THOUSAND DOLLARS.
   § 291-K. COLD STORAGE EQUIPMENT GRANT PROGRAM. THERE IS HEREBY CREATED
 WITHIN THE NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY OFFICE,
 THE COLD STORAGE EQUIPMENT GRANT PROGRAM. SUBJECT TO THE AVAILABILITY OF
 FUNDS, THE SUM OF FIVE HUNDRED THOUSAND DOLLARS SHALL BE ANNUALLY AVAIL-
 ABLE TO FUND SUCH PROGRAM. MATCHING GRANTS  ARE  HEREBY  ESTABLISHED  TO
 HELP FUND THE PURCHASE BY NON-PROFITS AND LOCAL FOOD PANTRIES OF COMMER-
 CIAL  AND  RESIDENTIAL-SCALE COLD-STORAGE EQUIPMENT. ELIGIBLE APPLICANTS
 MUST PROVIDE TEN PERCENT FUNDING, LEVERAGING  NINETY  PERCENT  BY  STATE
 FUNDS.  GRANTS  TO  ELIGIBLE  APPLICANTS  MAY  NOT  EXCEED FIVE THOUSAND
 DOLLARS.
   § 291-L. COLD STORAGE TRANSPORTATION GRANT PROGRAM.  THERE  IS  HEREBY
 CREATED WITHIN THE NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY
 OFFICE,  THE  COLD  STORAGE TRANSPORTATION GRANT PROGRAM. SUBJECT TO THE
 AVAILABILITY OF FUNDS, THE SUM OF THREE MILLION DOLLARS  SHALL  BE  MADE
 AVAILABLE  TO  FUND SUCH PROGRAM. MATCHING GRANTS ARE HEREBY ESTABLISHED
 TO HELP FUND THE PURCHASE, BY REGIONAL FOOD BANKS  AND  ASSOCIATED  NON-
 PROFIT  ORGANIZATIONS,  OF  REFRIGERATED  BOX  TRUCKS, TRAILERS, AND ANY
 VEHICLES CONTAINING OR EQUIPPED WITH REFRIGERATION  EQUIPMENT.  ELIGIBLE
 APPLICANTS  MUST  PROVIDE  TWENTY  PERCENT  FUNDING,  LEVERAGING  EIGHTY
 PERCENT BY STATE FUNDS. GRANTS TO ELIGIBLE APPLICANTS MAY NOT EXCEED ONE
 HUNDRED THOUSAND DOLLARS.
   § 291-M. TRANSPORTATION FUEL REIMBURSEMENT PROGRAM.  THERE  IS  HEREBY
 CREATED WITHIN THE NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY
 A. 5708                             7
 
 OFFICE,  THE  TRANSPORTATION  FUEL REIMBURSEMENT PROGRAM. SUBJECT TO THE
 AVAILABILITY OF FUNDS, THE SUM OF FIVE HUNDRED THOUSAND DOLLARS SHALL BE
 ANNUALLY AVAILABLE TO FUND SUCH PROGRAM.  SUCH PROGRAM SHALL  BE  ESTAB-
 LISHED  AND  FUNDED  TO  PROVIDE REIMBURSEMENTS OF FUEL COSTS ASSOCIATED
 WITH INCREASED VEHICLE USE BY REGIONAL FOOD BANKS AND ELIGIBLE  NON-PRO-
 FIT ORGANIZATIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
   §  291-N.  FARMNET PROGRAM. THERE IS HEREBY CREATED WITHIN THE NY FOOD
 INSECURITY, FARM  RESILIENCY  AND  RURAL  POVERTY  OFFICE,  THE  FARMNET
 PROGRAM.  SUBJECT TO THE AVAILABILITY OF FUNDS, THE SUM OF SEVEN HUNDRED
 EIGHTEEN THOUSAND DOLLARS SHALL  BE  ANNUALLY  AVAILABLE  TO  FUND  SUCH
 PROGRAM.
   §  4.  Hunger  prevention  and  nutrition assistance program. There is
 hereby created within the department of health,  the  hunger  prevention
 and  nutrition assistance program. Subject to the availability of funds,
 the sum of four million dollars shall be annually available to fund such
 program. The commissioner of the department of health is hereby directed
 to utilize such funding, allocated according to a formula  which  he  or
 she  shall  devise,  to  award  one  new hunger prevention and nutrition
 assistance program contract each to the following  non-profit  organiza-
 tions: City Harvest, Inc. and Island Harvest, Ltd.
   §  5.  Nutrition  outreach  education program. There is hereby created
 within the office of temporary and disability assistance, the  nutrition
 outreach  education  program.  Subject to the availability of funds, the
 sum of two million dollars shall be  annually  available  to  fund  such
 program.  Such program shall be established and funded to provide grants
 to community-based organizations for nutrition outreach in areas where a
 significant percentage or number of those potentially eligible for  food
 assistance programs are not participating in such programs.
   §  6. Paragraph (a) of subdivision 52 of section 210-B of the tax law,
 as added by section 4 of part DDD of chapter 59 of the laws of 2017,  is
 amended to read as follows:
   (a)  General.  In  the  case of a taxpayer that is an eligible farmer,
 there shall be allowed a credit, to be computed as hereinafter  provided
 against  the  tax imposed by this article for taxable years beginning on
 and after January first, two thousand eighteen. The amount of the credit
 shall be [twenty-five] FIFTY percent of the fair  market  value  of  the
 taxpayer's  qualified  donations made to any eligible food pantry during
 the taxable year, not to exceed five thousand dollars per taxable  year.
 If  the  taxpayer is a partner in a partnership, then the cap imposed by
 the preceding sentence shall be applied at the entity level, so that the
 aggregate credit allowed to all partners of such entity in  the  taxable
 year does not exceed five thousand dollars.
   § 7. Paragraph 1 of subsection (n-2) of section 606 of the tax law, as
 added  by  section  1  of part DDD of chapter 59 of the laws of 2017, is
 amended to read as follows:
   (1) General. In the case of a taxpayer  who  is  an  eligible  farmer,
 there shall be allowed a credit, to be computed as hereinafter provided,
 against  the  tax imposed by this article for taxable years beginning on
 and after January first, two thousand eighteen. The amount of the credit
 shall be [twenty-five] FIFTY percent of the fair  market  value  of  the
 taxpayer's  qualified  donations made to any eligible food pantry during
 the taxable year, not to exceed five thousand dollars per taxable  year.
 If  the taxpayer is a partner in a partnership or a shareholder of a New
 York S corporation, then the cap imposed by the preceding sentence shall
 be applied at the entity level, so that the aggregate credit allowed  to
 A. 5708                             8

 all partners or shareholders of such entity in the taxable year does not
 exceed five thousand dollars.
   §  8. Subparagraph 3 of paragraph (a) of section 5-3.1 of the estates,
 powers and trusts law, as amended by chapter 437 of the laws of 2010, is
 amended to read as follows:
   (3) Domestic and farm animals with  their  necessary  food  for  sixty
 days,  farm  machinery, [one tractor] TWO TRACTORS and one lawn tractor,
 not exceeding in aggregate value [twenty] ONE HUNDRED thousand dollars.
   § 9. Subdivision 3 of section 701 of the  labor  law,  as  amended  by
 chapter  43 of the laws of 1989, paragraph (a) as amended by chapter 105
 of the laws of 2019 and paragraph (c) as amended by section 2 of part II
 of chapter 58 of the laws of 2020, is amended to read as follows:
   3. (a) The term "employees" includes but  is  not  restricted  to  any
 individual  employed  by  a  labor  organization;  any  individual whose
 employment has ceased as a consequence of, or in  connection  with,  any
 current  labor  dispute or because of any unfair labor practice, and who
 has not obtained any other regular and substantially equivalent  employ-
 ment;  and shall not be limited to the employees of a particular employ-
 er, unless the  article  explicitly  states  otherwise,  but  shall  not
 include any individual employed by his parent or spouse or in the domes-
 tic  service of and directly employed, controlled and paid by any person
 in his home, any individual whose primary responsibility is the care  of
 a  minor  child  or  children  and/or someone who lives in the home of a
 person for the purpose of serving as a companion to a sick, convalescing
 or elderly person or any individuals employed only for the duration of a
 labor dispute, OR ANY INDIVIDUALS EMPLOYED  AS  FARM  LABORERS  or,  any
 individual  who participates in and receives rehabilitative or therapeu-
 tic services in a charitable non-profit rehabilitation facility or shel-
 tered workshop or any individual employed  in  a  charitable  non-profit
 rehabilitation facility or sheltered workshop who has received rehabili-
 tative  or  therapeutic  services and whose capacity to perform the work
 for which he is engaged is substantially impaired by physical or  mental
 deficiency or injury.
   (b)  The term "employee" shall also include a professional musician or
 a person otherwise engaged in the performing arts who performs  services
 as such. "Engaged in the performing arts" shall mean performing services
 in connection with production of or performance in any artistic endeavor
 which requires artistic or technical skill or expertise.
   [(c)  The  term  "employee"  shall  also  include farm laborers. "Farm
 laborers" shall mean any individual engaged or permitted by an  employer
 to work on a farm. Members of an agricultural employer's immediate fami-
 ly  who  are  related  to  the third degree of consanguinity or affinity
 shall not be considered to be employed on a farm if they work on a  farm
 out  of  familial  obligations  and are not paid wages, or other compen-
 sation based on their hours or days of work.]
   § 10. The closing paragraph of subdivision 1 of  section  161  of  the
 labor law is REPEALED.
   §  11. Paragraphs b and d of subdivision 2 of section 161 of the labor
 law, as amended by chapter 105 of the laws of 2019, are amended to  read
 as follows:
   b.  Employees  in  DAIRIES, CREAMERIES, milk condenseries, milk powder
 factories, milk sugar factories,  milk  shipping  stations,  butter  and
 cheese  factories,  ice  cream  manufacturing  plants  and milk bottling
 plants, where not more than seven persons are employed;
 A. 5708                             9
 
   d. Employees whose duties include not more than three hours'  work  on
 Sunday  in  setting  sponges in bakeries, CARING FOR LIVE ANIMALS, main-
 taining fires, or making necessary repairs to boilers or machinery.
   § 12. Section 163-a of the labor law is REPEALED.
   §  13.  The  opening  paragraph  of  paragraph (a) of subdivision 6 of
 section 511 of the labor law, as amended by chapter 105 of the  laws  of
 2019, is amended to read as follows:
   The  term  "employment" [includes] DOES NOT INCLUDE agricultural labor
 UNLESS IT IS COVERED PURSUANT TO SECTION FIVE HUNDRED SIXTY-FOUR OF THIS
 ARTICLE.  The term "agricultural labor" includes all service performed:
   § 14. Section 564 of the labor law, as amended by section 8,  subdivi-
 sion 2 as added and subdivision 3 as renumbered by section 23 of chapter
 105 of the laws of 2019, is amended to read as follows:
   §  564.  Agricultural  labor [crew leaders]. 1. COVERAGE. (A) NOTWITH-
 STANDING THE PROVISIONS OF SECTION FIVE HUNDRED SIXTY OF  THIS  ARTICLE,
 AN EMPLOYER OF PERSONS ENGAGED IN AGRICULTURAL LABOR SHALL BECOME LIABLE
 FOR CONTRIBUTIONS UNDER THIS ARTICLE IF THE EMPLOYER:
   (1)  HAS  PAID CASH REMUNERATION OF TWENTY THOUSAND DOLLARS OR MORE IN
 ANY CALENDAR QUARTER TO PERSONS EMPLOYED IN AGRICULTURAL LABOR, AND SUCH
 LIABILITY SHALL COMMENCE ON THE FIRST DAY OF SUCH QUARTER, OR
   (2) HAS EMPLOYED IN AGRICULTURAL LABOR TEN OR MORE PERSONS ON EACH  OF
 TWENTY  DAYS DURING A CALENDAR YEAR OR THE PRECEDING CALENDAR YEAR, EACH
 DAY BEING IN A DIFFERENT CALENDAR WEEK, AND THE LIABILITY SHALL IN  SUCH
 EVENT COMMENCE ON THE FIRST DAY OF THE CALENDAR YEAR, OR
   (3)  IS  LIABLE FOR THE TAX IMPOSED UNDER THE FEDERAL UNEMPLOYMENT TAX
 ACT AS AN EMPLOYER OF AGRICULTURAL LABOR AND THE LIABILITY SHALL IN SUCH
 EVENT COMMENCE ON THE FIRST DAY OF THE CALENDAR QUARTER IN SUCH CALENDAR
 YEAR WHEN HE OR SHE FIRST PAID REMUNERATION FOR  AGRICULTURAL  LABOR  IN
 THIS STATE.
   (B)  AN  EMPLOYER WHO BECOMES LIABLE FOR CONTRIBUTIONS UNDER PARAGRAPH
 (A) OF THIS SUBDIVISION SHALL CEASE TO BE LIABLE AS OF THE FIRST DAY  OF
 A  CALENDAR  QUARTER  NEXT FOLLOWING THE FILING OF A WRITTEN APPLICATION
 PROVIDED THE COMMISSIONER FINDS THAT THE EMPLOYER:
   (1) HAS NOT PAID TO PERSONS EMPLOYED IN AGRICULTURAL LABOR CASH REMUN-
 ERATION OF TWENTY THOUSAND DOLLARS OR MORE IN ANY OF THE EIGHT  CALENDAR
 QUARTERS PRECEDING SUCH DAY, AND
   (2) HAS NOT EMPLOYED IN AGRICULTURAL LABOR TEN OR MORE PERSONS ON EACH
 OF  TWENTY  DAYS DURING THE CURRENT OR THE PRECEDING CALENDAR YEAR, EACH
 DAY BEING IN A DIFFERENT WEEK, AND
   (3) IS NOT LIABLE FOR THE TAX IMPOSED UNDER THE  FEDERAL  UNEMPLOYMENT
 TAX ACT AS AN EMPLOYER OF AGRICULTURAL LABOR.
   2.  CREW  LEADER.  Whenever a person renders services as a member of a
 crew which is paid and furnished by the crew leader to perform  services
 in  agricultural  labor for another employer, such other employer shall,
 for the purpose of this article, be deemed to be the  employer  of  such
 person, unless:
   [1.]  (A)  the  crew  leader holds a valid certificate of registration
 under the federal farm labor contractor  registration  act  of  nineteen
 hundred sixty-three or substantially all the members of the crew operate
 or maintain tractors, mechanized harvesting or crop dusting machinery or
 any other mechanized equipment which is provided by the crew leader, and
   [2.  Exclusion  from  coverage.  For purposes of this section the term
 "employment" shall not include services rendered by an individual who is
 admitted to the United States to perform agricultural labor pursuant  to
 8 USC 1188 if, at the time such services are rendered, they are excluded
 A. 5708                            10

 from  the  definition  of  employment  in section 3306(c) of the Federal
 Unemployment Tax Act.
   3.]  (B) the crew leader is not an employee of such other employer and
 has not entered into a written agreement with such employer under  which
 he OR SHE is designated as an employee.
   §  15.  Paragraph  (m)  of  subdivision 5 of section 225 of the public
 health law, as amended by chapter 105 of the laws of 2019, is amended to
 read as follows:
   (m) require that application be made for a permit to operate a farm or
 food processing labor camp as defined in the  sanitary  code;  authorize
 appropriate  officers or agencies to issue such a permit when the appli-
 cant is in compliance with the established regulations; prescribe stand-
 ards for living quarters  at  farm  and  food  processing  labor  camps,
 including  provisions  for  sanitary conditions; light, air, and safety;
 protection from fire hazards; maintenance; and such other matters as may
 be appropriate for security of life or health,  provided  however,  that
 the  provisions  of  the  sanitary  code  established  pursuant  to  the
 provisions hereof shall apply to all  farm  and  food  processing  labor
 camps  intended  to house migrant workers and which are occupied BY FIVE
 OR MORE PERSONS.  In the preparation of  such  regulations,  the  public
 health and health planning council may request and shall receive techni-
 cal  assistance  from  the  board  of standards and appeals of the state
 department of labor and the state building code commission.  Such  regu-
 lation  shall  be enforced in the same manner as are other provisions of
 the sanitary code;
   § 16. Groups 14-a and 14-b of subdivision 1 of section 3 of the  work-
 ers'  compensation  law,  as amended by chapter 105 of the laws of 2019,
 are amended to read as follows:
   Group 14-a. On and after January first,  nineteen  hundred  sixty-two,
 any  other  employment in a trade, business, or occupation carried on by
 the employer for pecuniary gain in which one  or  more  employees  OTHER
 THAN FARM LABORERS are employed.
   Group  14-b. Employment as a farm laborer as provided herein. A farmer
 shall provide coverage under this chapter for all farm laborers EMPLOYED
 DURING ANY PART OF THE TWELVE CONSECUTIVE MONTHS BEGINNING  APRIL  FIRST
 OF  ANY  CALENDAR  YEAR  PRECEDED  BY  A CALENDAR YEAR IN WHICH THE CASH
 REMUNERATION PAID TO ALL FARM LABORERS AGGREGATED TWELVE HUNDRED DOLLARS
 OR MORE.
   § 17. Section 51 of the workers' compensation law, as amended by chap-
 ter 105 of the laws of 2019, is amended to read as follows:
   § 51. Posting of notice regarding compensation. Every employer who has
 complied with section fifty of this article shall post and maintain in a
 conspicuous place or places in and about his place or places of business
 typewritten or printed in English and Spanish notices in form prescribed
 by the chairman, stating the fact that he  has  complied  with  all  the
 rules  and  regulations  of  the  chairman and the board and that he has
 secured the payment of compensation to his employees  and  their  depen-
 dents  in accordance with the provisions of this chapter, but failure to
 post such notice as herein provided shall not  in  any  way  affect  the
 exclusiveness of the remedy provided for by section eleven of this chap-
 ter. Every employer who owns or operates automotive or horse-drawn vehi-
 cles  and  has  no minimum staff of regular employees required to report
 for work at an established place of business maintained by such employer
 and every employer who is engaged in the business  of  moving  household
 goods  or  furniture  shall  post such notices in each and every vehicle
 owned or operated by him. Failure to post or maintain such notice in any
 A. 5708                            11
 
 of said vehicles shall constitute presumptive evidence that such employ-
 er has failed to secure the payment of compensation.  The  chairman  may
 require  any employer to furnish a written statement at any time showing
 the stock corporation, mutual corporation or reciprocal insurer in which
 such  employer  is  insured  or  the  manner  in which such employer has
 complied with any provision of this chapter. Failure for a period of ten
 days to furnish such  written  statement  shall  constitute  presumptive
 evidence that such employer has neglected or failed in respect of any of
 the  matters  so  required.  Any  employer  who fails to comply with the
 provisions of this section shall be required to pay to the board a  fine
 of [five hundred] UP TO TWO HUNDRED FIFTY dollars for each violation, in
 addition  to any other penalties imposed by law to be deposited into the
 uninsured employers' fund.
   § 18. Section 110-b of the workers' compensation law is REPEALED.
   § 19. The opening paragraph of section 120  of  the  workers'  compen-
 sation law, as amended by chapter 105 of the laws of 2019, is amended to
 read as follows:
   It  shall  be  unlawful for any employer or his or her duly authorized
 agent to discharge or fail to reinstate pursuant to section two  hundred
 three-b  of this chapter, or in any other manner discriminate against an
 employee as to his or her employment because such employee  has  claimed
 or  attempted  to  claim  compensation  from such employer, [requested a
 claim form for injuries  received  in  the  course  of  employment,]  or
 claimed  or  attempted to claim any benefits provided under this chapter
 or because he or she has testified or is about to testify in a  proceed-
 ing  under  this chapter and no other valid reason is shown to exist for
 such action by the employer.
   § 20. The opening paragraph of paragraph A of subdivision 6 of section
 201 of the workers' compensation law, as amended by chapter 105  of  the
 laws of 2019, is amended to read as follows:
   "Employment"  means  employment  in  any trade, business or occupation
 carried on by an employer, except that the following shall not be deemed
 employment under this article:  services  performed  for  the  state,  a
 municipal corporation, local governmental agency, other political subdi-
 vision  or  public authority; employment subject to the federal railroad
 unemployment insurance act; service performed on or  as  an  officer  or
 member  of  the  crew  of  a vessel on the navigable water of the United
 States or outside the United States; SERVICES AS FARM  LABORERS;  casual
 employment  and the first forty-five days of extra employment of employ-
 ees not regularly in employment as otherwise defined herein; service  as
 golf  caddies;  and service during all or any part of the school year or
 regular vacation periods as a part-time worker of any person actually in
 regular attendance during the day time as a student in an elementary  or
 secondary  school.  The  term  "employment"  shall  include  domestic or
 personal work in a private home. The term "employment" shall not include
 the services of a licensed real estate broker or sales associate  if  it
 be proven that (a) substantially all of the remuneration (whether or not
 paid in cash) for the services performed by such broker or sales associ-
 ate is directly related to sales or other output (including the perform-
 ance  of  services)  rather  than to the number of hours worked; (b) the
 services performed by the broker or sales associate are performed pursu-
 ant to a written contract executed between such broker or sales  associ-
 ate  and  the person for whom the services are performed within the past
 twelve to fifteen months; and (c) the written contract provided  for  in
 subparagraph  (b)  of  this  paragraph was not executed under duress and
 contains the following provisions:
 A. 5708                            12
 
   § 21. The opening paragraph of subdivision 5 of  section  651  of  the
 labor  law, as amended by chapter 105 of the laws of 2019, is amended to
 read as follows:
   "Employee" includes any individual employed or permitted to work by an
 employer  in any occupation, but shall not include any individual who is
 employed or permitted to work: (a) on a casual basis  in  service  as  a
 part  time  baby  sitter  in the home of the employer; (b) IN LABOR ON A
 FARM; (C) in a bona  fide  executive,  administrative,  or  professional
 capacity;  [(c)]  (D)  as  an  outside  salesman;  [(d)] (E) as a driver
 engaged in operating a taxicab; [(e)] (F) as  a  volunteer,  learner  or
 apprentice  by  a  corporation,  unincorporated  association,  community
 chest, fund or foundation organized and operated exclusively  for  reli-
 gious,  charitable  or educational purposes, no part of the net earnings
 of which inures to the benefit of any private shareholder or individual;
 [(f)] (G) as a member of a religious  order,  or  as  a  duly  ordained,
 commissioned  or  licensed minister, priest or rabbi, or as a sexton, or
 as a christian science reader; [(g)] (H) in or for such a  religious  or
 charitable  institution,  which  work  is incidental to or in return for
 charitable aid conferred upon such individual and not under any  express
 contract  of  hire; [(h)] (I) in or for such a religious, educational or
 charitable institution if such individual is a student; [(i)] (J) in  or
 for such a religious, educational or charitable institution if the earn-
 ing  capacity  of  such  individual is impaired by age or by physical or
 mental deficiency or injury; [(j)] (K)  in  or  for  a  summer  camp  or
 conference  of  such  a religious, educational or charitable institution
 for not more than three months annually; [(k)] (L) as a staff  counselor
 in  a  children's  camp;  [(l)]  (M)  in  or for a college or university
 fraternity, sorority, student association  or  faculty  association,  no
 part  of  the net earnings of which inures to the benefit of any private
 shareholder or individual, and which is recognized by  such  college  or
 university,  if  such  individual  is a student; [(m)] (N) by a federal,
 state or municipal government or political  subdivision  thereof;  [(n)]
 (O)  as  a volunteer at a recreational or amusement event run by a busi-
 ness that operates such events, provided that no single such event lasts
 longer than eight consecutive days and  no  more  than  one  such  event
 concerning  substantially the same subject matter occurs in any calendar
 year, where (1) any such volunteer shall be at least eighteen  years  of
 age,  (2)  a business seeking coverage under this paragraph shall notify
 every volunteer in writing, in language acceptable to the  commissioner,
 that  by volunteering his or her services, such volunteer is waiving his
 or her right to receive the minimum wage pursuant to this  article,  and
 (3)  such  notice  shall  be signed and dated by a representative of the
 business and the volunteer and kept on file by the business for  thirty-
 six  months; or [(o)] (P) in the delivery of newspapers or shopping news
 to the consumer by a person  who  is  not  performing  commercial  goods
 transportation services for a commercial goods transportation contractor
 within  the meaning of article twenty-five-C of this chapter. The exclu-
 sions from the term "employee" contained in this subdivision shall be as
 defined by regulations of the commissioner.
   § 22. Subdivision 1 of section 674 of the labor  law,  as  amended  by
 chapter 105 of the laws of 2019, is amended to read as follows:
   1. The commissioner may promulgate such regulations as he deems appro-
 priate  to carry out the purposes of this article and to safeguard mini-
 mum wage standards. Such regulations may include, but  are  not  limited
 to,  the  defining of the circumstances or conditions for the acceptance
 of non-hourly rates and piece rates as equivalent to the minimum  hourly
 A. 5708                            13

 rates  established  by  this article. Such regulations also may include,
 but are not limited  to,  waiting  time  and  call-in  pay  rates;  wage
 provisions  governing  guaranteed  earnings  during specified periods of
 work;  allowances  for  meals,  lodging,  and  other items, services and
 facilities when furnished by the employer; AND THE EMPLOYMENT  OF  INDI-
 VIDUALS  WHOSE EARNING CAPACITY IS AFFECTED OR IMPAIRED BY YOUTH OR AGE,
 or by physical or mental deficiency or  injury,  under  special  certif-
 icates  issued by the commissioner, at such wages lower than the minimum
 wage established by this  article  and  for  such  period  as  shall  be
 prescribed in such regulations.
   §  23.  Subdivision  2  of section 701 of the labor law, as amended by
 chapter 105 of the laws of 2019, is amended to read as follows:
   2. [(a)] The term "employer" includes any person acting on  behalf  of
 or in the interest of an employer, directly or indirectly, with or with-
 out  his knowledge, and shall include any person who is the purchaser of
 services performed by a person described in paragraph (b) of subdivision
 three of this section, but a labor organization or any officer or  agent
 thereof shall only be considered an employer with respect to individuals
 employed by such organization.
   [(b)  The  term  "employer"  includes agricultural employers. The term
 "agricultural employer" shall mean any employer engaged  in  cultivating
 the  soil  or in raising or harvesting any agricultural or horticultural
 commodity including custom harvesting operators, and  employers  engaged
 in the business of crops, livestock and livestock products as defined in
 section  three  hundred one of the agriculture and markets law, or other
 similar agricultural enterprises.]
   § 24. The closing paragraph  of  section  703  of  the  labor  law  is
 REPEALED.
   § 25. Section 704-b of the labor law is REPEALED.
   § 26. Subdivision 1-a of section 705 of the labor law is REPEALED.
   § 27. Section 702-b of the labor law is REPEALED.
   § 28. Section 674-a of the labor law is REPEALED.
   §  29.  The  sum of thirty-five million seven hundred thousand dollars
 ($35,700,000), or so much thereof as may be necessary, is hereby  appro-
 priated  to the department of agriculture and markets from any moneys in
 the state treasury in the general  fund  to  the  credit  of  the  state
 purposes account for the initial capital of the NY Food Insecurity, Farm
 Resiliency  and  Rural Poverty Initiative in carrying out the provisions
 of this act. Such sum shall be payable on the audit and warrant  of  the
 state  comptroller  on  vouchers  certified  or  approved  in the manner
 provided by law. No expenditure shall be made  from  this  appropriation
 until  a  certificate of approval of availability shall have been issued
 by the director of the budget and filed with the state comptroller and a
 copy filed with the chairman of the senate  finance  committee  and  the
 chairman  of the assembly ways and means committee. Such certificate may
 be amended from time to time by the director of the budget and a copy of
 each such amendment shall be  filed  with  the  state  comptroller,  the
 chairman  of the senate finance committee and the chairman of the assem-
 bly ways and means committee.
   § 30. This act shall take effect immediately; provided, however,  that
 section three of this act shall take effect on the one hundred eightieth
 day  after  it shall have become a law. Effective immediately, the addi-
 tion, 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.