S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3623
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2025
                                ___________
 
 Introduced  by M. of A. TAGUE, GALLAHAN, HAWLEY, MILLER, DURSO, PALMESA-
   NO, LEMONDES, CRUZ, DAVILA, MEEKS, MANKTELOW, SLATER, SMULLEN --  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04705-01-5
              

 A. 3623                             2
 
         291-D. PERMANENT AGRICULTURAL PURCHASING ASSISTANCE PROGRAM.
         291-E. COMMERCIAL  MEAT,  FIBER  AND  DAIRY PROCESSING INCENTIVE
                  PROGRAM.
         291-F. NEW YORK MEAT, FIBER AND DAIRY PROCESSING  STUDY  COMMIS-
                  SION.
         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:
 A. 3623                             3
 
   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
 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.
 A. 3623                             4
 
   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
 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 THEIR DESIGNEE;
   (B) THE COMMISSIONER OF LABOR, OR THEIR DESIGNEE;
   (C)  THE  PRESIDENT  OF  THE  EMPIRE STATE DEVELOPMENT CORPORATION, OR
 THEIR DESIGNEE;
   (D) THE CHANCELLOR OF THE STATE  UNIVERSITY  OF  NEW  YORK,  OR  THEIR
 DESIGNEE;
   (E) THE COMMISSIONER OF TRANSPORTATION, OR THEIR DESIGNEE;
   (F) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, OR THEIR 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  THEIR
 DESIGNEE;
   (L) ONE MEMBER WHO SERVES AS THE EXECUTIVE DIRECTOR OF A REGIONAL FOOD
 BANK;
 A. 3623                             5
 
   (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;
   (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
 A. 3623                             6
 
 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.
   § 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
 A. 3623                             7
 
 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
 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 such
 commissioner shall devise, to award one new hunger prevention and nutri-
 tion assistance program contract each to the following non-profit organ-
 izations: 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
 A. 3623                             8
 
 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
 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] THEIR parent or  spouse  or  in
 the  domestic  service  of and directly employed, controlled and paid by
 any person in [his] THEIR home, any individual whose  primary  responsi-
 bility 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 rehabilita-
 tive  or  therapeutic services in a charitable non-profit rehabilitation
 facility or sheltered workshop or any individual employed in a  charita-
 ble  non-profit  rehabilitation  facility  or sheltered workshop who has
 received rehabilitative or therapeutic services and  whose  capacity  to
 perform  the  work for which [he] SUCH INDIVIDUAL is engaged is substan-
 tially 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
 A. 3623                             9
 
 cheese factories, ice  cream  manufacturing  plants  and  milk  bottling
 plants, where not more than seven persons are employed;
   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 and subdivision 3 as
 renumbered by 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 SUCH EMPLOYER 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
 A. 3623                            10

 8 USC 1188 if, at the time such services are rendered, they are excluded
 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] SUCH CREW LEADER 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] SUCH EMPLOYER'S place  or
 places of business typewritten or printed in English and Spanish notices
 in  form  prescribed by the [chairman] CHAIR, stating the fact that [he]
 SUCH EMPLOYER has complied with all the rules  and  regulations  of  the
 [chairman]  CHAIR  and the board and that [he] SUCH EMPLOYER has secured
 the payment of compensation to [his] THEIR 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
 A. 3623                            11
 
 goods  or  furniture  shall  post such notices in each and every vehicle
 owned or operated by [him] SUCH EMPLOYER.  Failure to post  or  maintain
 such  notice  in  any  of  said  vehicles  shall  constitute presumptive
 evidence  that such employer has failed to secure the payment of compen-
 sation. The [chairman] CHAIR may require any employer to furnish a writ-
 ten statement at any time showing the stock corporation,  mutual  corpo-
 ration  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 state-
 ment  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]  THEIR  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]  THEIR  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] SUCH EMPLOYEE has testified or
 is  about  to  testify  in  a proceeding 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
 A. 3623                            12
 
 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:
   §  21.  The  opening  paragraph of subdivision 5 of section 651 of the
 labor law, as amended by chapter 391 of the laws of 2024, 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] SALESPERSON; [(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] THEIR services, such volunteer is
 waiving [his or her] THEIR right to receive the minimum wage pursuant to
 this article, and (3) such notice shall be signed and dated by a  repre-
 sentative  of  the  business  and  the volunteer and kept on file by the
 business for thirty-six months; [(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  trans-
 portation contractor within the meaning of article twenty-five-C of this
 chapter; or [(p)] (Q) having entered into a contract to play baseball at
 the minor league level and who is compensated pursuant to the terms of a
 collective  bargaining  agreement that expressly provides for the wages,
 hours of work, and working conditions of employees. The exclusions  from
 the term "employee" contained in this subdivision shall be as defined by
 regulations of the commissioner.
 A. 3623                            13
 
   §  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] THEY
 DEEM  appropriate to carry out the purposes of this article and to safe-
 guard minimum 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 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]  THEIR  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 chair of the senate finance committee and the  chair
 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 chair
 of  the  senate finance committee and the chair of the assembly ways and
 means committee.
 A. 3623                            14
 
   § 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.