S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2407
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  estab-
   lishing the farm ownership succession planning program (FOSPP)
 
   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
 section 323-a to read as follows:
   §  323-A.  FARM  OWNERSHIP SUCCESSION PLANNING PROGRAM. 1. THE COMMIS-
 SIONER, IN CONJUNCTION WITH THE DEPARTMENT OF ECONOMIC  DEVELOPMENT  AND
 THE DEPARTMENT OF FINANCIAL SERVICES, SHALL ESTABLISH THE FARM OWNERSHIP
 SUCCESSION  PLANNING  PROGRAM  (HEREINAFTER REFERRED TO AS "THE FOSPP").
 SUCH PROGRAM SHALL BE ESTABLISHED BY AUGUST FIRST, TWO THOUSAND  TWENTY-
 FOUR  AND HOLD ITS FIRST FORUM NO LATER THAN OCTOBER FIRST, TWO THOUSAND
 TWENTY-FOUR.
   2. THE FOSPP SHALL PROVIDE FARM  OWNERS  WITH  A  SUCCESSION  PLANNING
 TOOLKIT THAT CAN BE USED BY SUCH FARM OWNERS WHO ARE PLANNING ON SELLING
 OR  CLOSING  THEIR  FARM. SUCH TOOLKIT SHALL INCLUDE, BUT NOT BE LIMITED
 TO, THE FOLLOWING:
   (A) FINANCIAL RESOURCES AVAILABLE TO PROSPECTIVE FARMERS INTERESTED IN
 BUYING FARMS AND FARMLAND FOR THE PURPOSE OF FARMING;
   (B) AN ITEMIZED LIST OF ALL  FARMING  RELATED  EDUCATION  AND  SUPPORT
 PROGRAMS  IN PLACE AT PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER LEARNING
 IN THE STATE;
   (C) A LIST OF STATE SUPPORTED ECONOMIC DEVELOPMENT FUNDING FOR FARMING
 AND FOR SUSTAINING FARMING;
   (D) A LIST OF ORGANIZATIONS WITHIN THE STATE AND IN  ADJOINING  STATES
 THAT AUCTION AND SELL FARMING EQUIPMENT AND FARMING SUPPLIES;
   (E) A LIST OF ALL LABOR LAWS GOVERNING FARM LABOR; AND
   (F)  A  LIST OF INSURANCE AND FINANCIAL SERVICES REGULATIONS IMPACTING
 THE SALE AND PURCHASING OF FARMS AND FARMLAND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05645-01-3
              

 S. 2407                             2
 
   3. THE FOSPP SHALL DEVELOP A SET OF STATEWIDE LIVE AND VIRTUAL  FORUMS
 TO  LINK  AND  EDUCATE  FARMERS  WHO  ARE PLANNING ON SELLING THEIR FARM
 AND/OR FARMLAND, AND FOR PROSPECTIVE NEW FARMERS  TO  LEARN  OF  FARMING
 BUSINESS  OPPORTUNITIES,  THE OPPORTUNITIES FOR PURCHASING FARMS, AND ON
 THE  ESTABLISHED  RESOURCES  TO  ASSIST  IN SELLING AND BUYING FARMS AND
 FARMLAND FOR FOOD PRODUCTION. THE FOSPP  SHALL  INCLUDE  INFORMATION  ON
 OTHER  EXISTING FARMING COLLABORATIVES WITHIN THE STATE AND IN ADJOINING
 STATES.
   4. (A) THE FOSPP SHALL  PROVIDE  INFORMATION  REGARDING  THE  ECONOMIC
 VIABILITY  OF  FAMILY  FARMING AND COMMERCIAL FARMING, INCLUDING BUT NOT
 LIMITED TO, DATA ON FARM  BANKRUPTCIES,  FARMER  HELD  DEBT,  STATE  AND
 NATIONAL  TRENDS  IMPACTING THE FARMING SECTOR, AND A PROFILE OF THE NEW
 YORK STATE FARMING SECTOR IN SUB-SEGMENTS, INCLUDING BUT NOT LIMITED TO,
 DAIRY FARMING, VEGETABLE FARMING AND FRUIT FARMING.
   (B) THE COMMISSIONER, IN CONJUNCTION WITH THE DEPARTMENT  OF  ECONOMIC
 DEVELOPMENT,  SHALL  ESTABLISH  AN OUTREACH PLAN TO CHAMBERS OF COMMERCE
 THROUGHOUT THE STATE, INCLUDING CHAMBERS OF COMMERCE THAT REPRESENT  ALL
 SEGMENTS OF MINORITY BUSINESSES WITHIN THE STATE AND THE ADJACENT STATES
 OF NEW JERSEY, PENNSYLVANIA, CONNECTICUT AND MASSACHUSETTS, TO BE ADMIN-
 ISTERED  THROUGH  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT. SUCH OUTREACH
 PLAN SHALL BE SUBMITTED TO THE GOVERNOR, THE LEGISLATURE AND  THE  CHIEF
 DIVERSITY  OFFICER  OF THE STATE OF NEW YORK NO LATER THAN AUGUST FIRST,
 TWO THOUSAND TWENTY-FOUR.
   5. (A) THE COMMISSIONER, IN CONJUNCTION  WITH  THE  SUPERINTENDENT  OF
 FINANCIAL  SERVICES,  IS  AUTHORIZED TO ESTABLISH A DIVERSITY IN FARMING
 FARM OWNERSHIP SUCCESSION PLANNING  ADVISORY  TASK  FORCE  IN  ORDER  TO
 ASSIST  IN  ENSURING  THAT THE FOSPP IS REACHING PROSPECTIVE FARMERS AND
 FARMING ENTREPRENEURS WHO ARE  FROM  THE  LIST  OF  CURRENTLY  PROTECTED
 CLASSES IN THE STATE OF NEW YORK.
   (B) THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL BE THE CHAIRPERSON
 OF  THE  TASK  FORCE.  SUCH  TASK FORCE SHALL CONSIST OF TEN MEMBERS AND
 SHALL INCLUDE MEMBERS OF THE ITEMIZED PROTECTED  CLASSES  WHO  HAVE  THE
 ABILITY  TO  HELP PROMOTE THE FOSPP WITHIN COMMUNITIES OF SUCH PROTECTED
 CLASSES. THE COMMISSIONER, THE COMMISSIONER OF THE DEPARTMENT OF ECONOM-
 IC DEVELOPMENT  AND  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES  SHALL
 APPOINT  ONE MEMBER EACH. SUCH TASK FORCE SHALL BE ESTABLISHED AND NAMED
 WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
   § 2. This act shall take effect immediately.