S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    593
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  HINCHEY, BORRELLO, WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture
 
 AN ACT to amend the agriculture and markets law,  in  relation  to  land
   used in agricultural production

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

                                                            LBD01742-01-5
 S. 593                              2
 
 THE  REQUIRED  GROSS SALES VALUE WITHIN THREE YEARS AS DESCRIBED IN THIS
 PARAGRAPH SHALL NO LONGER BE CONSIDERED LAND    USED    IN  AGRICULTURAL
 PRODUCTION PURSUANT TO THIS SUBDIVISION.
   Q.  LAND  OF  NOT  LESS  THAN SEVEN ACRES THAT IS OWNED OR RENTED BY A
 NEWLY ESTABLISHED FARM OPERATION FOR THE PRODUCTION FOR SALE  OF  CROPS,
 LIVESTOCK  OR LIVESTOCK PRODUCTS IN ITS FIRST OR SECOND YEAR OF AGRICUL-
 TURAL PRODUCTION, WHICH DOES NOT INDEPENDENTLY SATISFY THE  GROSS  SALES
 VALUE  REQUIREMENT,  BUT IS ABLE TO ESTABLISH THAT THE FARMING OPERATION
 WILL MEET THE GROSS SALES VALUE REQUIREMENTS DESCRIBED IN PARAGRAPH F OF
 THIS SUBDIVISION WITHIN FIVE YEARS OF ATTAINING AN AGRICULTURAL  ASSESS-
 MENT.  THE  COMMISSIONER  OR  THE ADVISORY BOARD ESTABLISHED PURSUANT TO
 SECTION THREE HUNDRED NINE-A OF THIS  ARTICLE  SHALL  CREATE  A  SET  OF
 METRICS  AND  CONSIDERATIONS  USED BY ASSESSORS TO DETERMINE WHETHER THE
 FARM OPERATION WILL MEET SUCH GROSS SALES VALUE REQUIREMENT WITHIN  FIVE
 YEARS.  ASSESSORS  SHALL  USE  SUCH METRICS AND CONSIDERATIONS AND SHALL
 GIVE SPECIAL CONSIDERATION TO FARM  OPERATIONS  THAT  WERE  AWARDED  ANY
 STATE  OR FEDERAL GRANTS, IN PARTICULAR GRANTS FOR BEGINNING FARMERS AND
 GRANTS FOR ECONOMICALLY AND SOCIALLY DISADVANTAGED FARMERS. THE  COMMIS-
 SIONER  OR  THE  ADVISORY  BOARD  ESTABLISHED  PURSUANT TO SECTION THREE
 HUNDRED NINE-A OF  THIS  ARTICLE  SHALL  MONITOR  THE  FARM  OPERATION'S
 PROGRESS  AS  WELL  AS CONNECT TO RESOURCES TO ENSURE THE FARM OPERATION
 MEETS THE GROSS SALES VALUE REQUIREMENT WITHIN THE TIME  ALLOTTED.  LAND
 THAT  RECEIVES  AN  AGRICULTURAL  ASSESSMENT  AND  IS UNABLE TO MEET THE
 REQUIRED GROSS SALES VALUE IN FIVE YEARS AS DESCRIBED IN THIS  PARAGRAPH
 SHALL  NO  LONGER  BE  CONSIDERED  LAND  USED IN AGRICULTURAL PRODUCTION
 PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect one year after it shall have become  a
 law and shall apply to assessment rolls prepared on the basis of a taxa-
 ble  status date occurring on or after such date. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.