STATE OF NEW YORK ________________________________________________________________________ 940 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. CROUCH, BARCLAY, DiPIETRO, FINCH, GIGLIO, HAWLEY, KOLB, MONTESANO, RAIA -- Multi-Sponsored by -- M. of A. FRIEND -- read once and referred to the Committee on Agriculture AN ACT to enact the "New York farmer recruitment and retention act of 2020"; to direct the board of regents and education department to study agricultural education programs (Part A); to amend the education law, in relation to enacting the "agriculture producer scholarship act"; and making appropriations therefor (Part B); to amend the educa- tion law, in relation to establishing the producer's loan forgiveness program (Part C); to direct the board of regents and the education department to implement an outreach program to encourage elementary and secondary students to enter the agricultural field (Part D); and to direct the commissioner of agriculture and markets to report on reducing the taxation for landowners who use their land for agricul- tural production (Part E) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York farmer recruitment and retention act of 2020". 3 § 2. This act enacts into law major components of legislation which 4 relate to farmer recruitment and retention. Each component is wholly 5 contained within a Part identified as Parts A through E. The effective 6 date for each particular provision contained within such Part is set 7 forth in the last section of such Part. Any provision in any section 8 contained within a Part, including the effective date of the Part, which 9 makes reference to a section "of this act", when used in connection with 10 that particular component, shall be deemed to mean and refer to the 11 corresponding section of the Part in which it is found. Section four of 12 this act sets forth the general effective date of this act. 13 PART A EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02793-01-9A. 940 2 1 Section 1. Legislative findings and intent. The legislature hereby 2 recognizes the need to increase the number of producers to continue the 3 long tradition of agricultural production in New York state. The average 4 age of a farm operator in the state is fifty-four years of age. In 2004, 5 less than 1,000 students were awarded degrees in agriculture by a 6 college in this state and the majority of these degrees were not awarded 7 in a discipline leading to a career as a producer. The agricultural 8 industry has a substantial impact on the overall economic health and 9 well-being of the state, and it is in the best interest of the state to 10 ensure that enough producers are recruited and retained in agricultural 11 production. 12 § 2. The board of regents and the education department, in consulta- 13 tion with the department of agriculture and markets, shall: 14 (a) Investigate current education programs for agriculture in voca- 15 tional-technical schools, community colleges and universities, to iden- 16 tify the scope of agricultural education programs in the state; 17 (b) Identify non-traditional college education programs administered 18 in other states and other countries; 19 (c) Develop a model for articulation and career mobility to enable 20 producers in every agricultural production field to progress to owner- 21 ship or management of land used in agricultural production, as defined 22 in subdivision 4 of section 301 of the agriculture and markets law; and 23 (d) Develop models for innovative agriculture education programs that 24 will encourage individuals to become producers, utilizing an agricul- 25 tural mentoring program from degree award to retirement, including 26 continuing education opportunities. 27 § 3. The board of regents and the education department shall present 28 their final findings and recommendations to the legislature on or before 29 January 1, 2022. 30 § 4. This act shall take effect immediately. 31 PART B 32 Section 1. Short title. This act shall be known and may be cited as 33 the "agriculture producer scholarship act". 34 § 2. Section 605 of the education law is amended by adding a new 35 subdivision 13 to read as follows: 36 13. Agriculture producer scholarships. a. Purpose. The commissioner 37 shall award scholarships for the purpose of increasing the number of 38 producers in the state. Such scholarships shall be awarded on a compet- 39 itive basis, in accordance with criteria established by the commission- 40 er, to state residents who demonstrate academic merit for admission to 41 an undergraduate agriculture program which the commissioner determines 42 will enhance the recipient's proficiency as an agricultural operator. 43 b. Eligibility. To be eligible for an award pursuant to this subdivi- 44 sion, applicants shall agree to serve, upon completion of the degree 45 program, as a producer on a full-time basis within the state. Such 46 service shall be completed in accordance with criteria established by 47 the commissioner. 48 c. Agreements. The president shall, in consultation with the commis- 49 sioner, develop and secure from each successful applicant a written 50 agreement to serve as an agricultural operator in this state. Within 51 such time as the commissioner shall by regulation provide, a recipient 52 of an award shall have served for that number of months calculated by 53 multiplying by nine the number of annual payments received by the recip- 54 ient. In no case shall the total number of months of service required beA. 940 3 1 less than twenty-four. If a recipient fails to comply fully with such 2 conditions, the president shall be entitled to receive from such recipi- 3 ent an amount to be determined by the formula: 4 A=2B (t-s) 5 ---- 6 t 7 in which "A" is the amount the president is entitled to recover; "B" 8 is the sum of all payments made to the recipient and the interest on 9 such amount which would be payable if at the times such awards were paid 10 they were loans bearing interest at the maximum prevailing rate; "t" is 11 the total number of months in the recipient's period of obligated 12 services; and "s" is the number of months of service actually rendered 13 by the recipient. Any amount which the president is entitled to recover 14 pursuant to this paragraph shall be paid within the five-year period 15 beginning on the date that the recipient failed to comply with this 16 service condition. Nothing in the written agreement shall affect the 17 terms of employment of the individual who shall negotiate, separate and 18 apart from the program, his or her salary and other forms of employment 19 with an agency, institution or a program, in which he or she shall be 20 employed. Any obligation to comply with such provisions as outlined in 21 this subdivision shall be cancelled upon the death of the recipient. The 22 commissioner shall make regulations to provide for the waiver or suspen- 23 sion of any financial obligation which would involve extreme hardship. 24 d. Report. A recipient of an award shall report annually to the New 25 York state higher education services corporation, on forms prescribed by 26 it, as to the performance of the required services, commencing with the 27 calendar year in which the recipient begins to serve as an agriculture 28 producer in this state and continuing until the recipient shall have 29 completed, or it is determined that he or she shall not be obligated to 30 complete, the required services. If the recipient shall fail to file any 31 report required pursuant to this paragraph within thirty days of written 32 notice to the recipient, mailed to the address shown on the last appli- 33 cation for an award or last report filed, whichever is later, the presi- 34 dent may impose a fine of up to one thousand dollars. The president 35 shall have the discretion to waive the filing of a report, excuse a 36 delay in filing or a failure to file a report, or waive or reduce any 37 fine imposed for good cause shown. 38 § 3. The education law is amended by adding a new section 671-a to 39 read as follows: 40 § 671-a. Agriculture producer scholarships. 1. Number and certif- 41 ication. Twenty-five agriculture producer scholarships shall be awarded 42 in the two thousand twenty-two--two thousand twenty-three academic year 43 and an additional twenty-five scholarships shall be awarded in the two 44 thousand twenty-three--two thousand twenty-four academic year. Such 45 scholarships shall be allocated as provided in subdivision thirteen of 46 section six hundred five of this title to eligible students as certified 47 to the president by the commissioner. 48 2. Duration. Each such scholarship shall entitle the recipient to an 49 annual award for each year while enrolled in an approved course of study 50 leading to an undergraduate degree in agriculture, but not exceeding the 51 normal period of study required to complete the requirements for the 52 program, as such approved courses and normal periods of study are deter- 53 mined by the commissioner. 54 3. Amount. The president shall make annual awards of fifteen thousand 55 dollars, for up to four academic years for any recipient, except that 56 such annual award shall not exceed the recipient's cost of attendance.A. 940 4 1 For the purposes of this subdivision, "cost of attendance" shall mean 2 the cost of: tuition at an approved undergraduate program in agricul- 3 ture; laboratory and other fees; room and board; supplies; health insur- 4 ance coverage; books and a stipend for daily living expenses in an 5 amount to be determined by the president in consultation with the 6 commissioner. 7 § 4. The sum of fifty thousand dollars ($50,000), or so much thereof 8 as may be necessary, is hereby appropriated to the education department 9 out of any moneys in the state treasury in the general fund to the cred- 10 it of the state operations account, not otherwise appropriated, for its 11 services and expenses incurred to administer and implement the 12 provisions of this act in the 2022--2023 state fiscal year. Such sum 13 shall be payable on vouchers certified or approved by the commissioner 14 of education upon audit and warrant of the state comptroller in the 15 manner prescribed by law. 16 § 5. The sum of one million five hundred thousand dollars 17 ($1,500,000), or so much thereof as may be necessary, is hereby appro- 18 priated to the higher education services corporation out of any moneys 19 in the state treasury in the general fund to the credit of the local 20 assistance account, not otherwise appropriated, to carry out the 21 purposes of this act, including costs of award of scholarships and for 22 its services and expenses incurred to administer and implement the 23 provisions of this act in the 2022--2023 state fiscal year. Such sum 24 shall be payable on vouchers certified or approved by the president of 25 the higher education services corporation upon audit and warrant of the 26 state comptroller in the manner prescribed by law. 27 § 6. This act shall take effect immediately, and shall be deemed to 28 have been in full force and effect on and after April 1, 2021. 29 PART C 30 Section 1. Section 605 of the education law is amended by adding a new 31 subdivision 14 to read as follows: 32 14. Producer's loan forgiveness program. Regents loan forgiveness 33 awards shall be awarded annually to farm operator applicants who agree 34 to operate an agricultural operation on a full-time basis. Such awards 35 shall be granted annually, and shall be classified and allocated in 36 accordance with regents rules. 37 a. (1) The applicant shall be a resident or permanent resident alien 38 of this state and a graduate of an institution of higher education 39 approved or registered by the regents. 40 (2) The applicant shall agree to engage in such employment for a peri- 41 od of time which shall be not less than five years. 42 b. Priority shall be accorded to applicants in the following order: 43 (1) First, to any applicant who is completing the second, third, 44 fourth or fifth year of the service requirement and is reapplying for a 45 new award; 46 (2) Second, to any applicant who is economically disadvantaged as 47 defined by the regents; 48 In the event that there are more applicants who have the same priority 49 than there are remaining scholarships, the commissioner shall distribute 50 the remaining number of such scholarships by means of a lottery or other 51 form of random selection. 52 c. The commissioner shall then forward approved applications to the 53 president and shall notify unsuccessful applicants. 54 d. The president shall notify applicants of their award entitlement.A. 940 5 1 e. The president shall, in consultation with the commissioner, develop 2 and secure from each successful applicant a written agreement to engage 3 in such employment, as appropriate. Within such time as the commissioner 4 shall by regulation provide, a recipient of an award shall have engaged 5 in such employment as appropriate, for that number of months calculated 6 by multiplying by twelve the number of annual payments received by the 7 recipient. In no case shall the total number of months of service 8 required be less than twenty-four. If a recipient fails to comply fully 9 with such conditions, the president shall be entitled to receive from 10 such recipient an amount to be determined by the formula: 11 A=B(t-s) 12 -------- 13 t 14 in which "A" is the amount the president is entitled to recover; "B" 15 is the sum of all payments made to the recipient and the interest on 16 such amount which would be payable if at the times such awards were paid 17 they were loans bearing interest at the maximum prevailing rate; "t" is 18 the total number of months in the recipient's period of obligated 19 services; and "s" is the number of months of service actually rendered 20 by the recipient. Any amount which the president is entitled to recover 21 under this paragraph shall be paid within the five-year period beginning 22 on the date that the recipient failed to comply with this service condi- 23 tion. Nothing in the written agreement shall affect the terms of employ- 24 ment of the individual who shall negotiate, separate and apart from the 25 program, his or her salary and other forms of employment with an agency, 26 institution or a program in which he or she shall be employed. 27 Any obligation to comply with such provisions of this subdivision 28 shall be cancelled upon the death of the recipient. The commissioner 29 shall make regulations to provide for the waiver or suspension of any 30 financial obligation which would involve extreme hardship. 31 f. A recipient of an award shall report annually to the New York state 32 higher education services corporation, on forms prescribed by it, as to 33 the performance of the required services, commencing with the calendar 34 year in which the recipient begins such employment and continuing until 35 the recipient shall have completed, or it is determined that he or she 36 shall not be obligated to complete, the required services. If the recip- 37 ient shall fail to file any report required pursuant to this paragraph 38 within thirty days of written notice to the recipient, mailed to the 39 address shown on the last application for an award or last report filed, 40 whichever is later, the president may impose a fine of up to one thou- 41 sand dollars. The president shall have the discretion to waive the 42 filing of a report, excuse a delay in filing or a failure to file a 43 report, or waive or reduce any fine imposed for good cause shown. 44 § 2. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law. Effective immediately, any rules or regu- 46 lations necessary for the timely implementation of this act on its 47 effective date shall be promulgated on or before such effective date. 48 PART D 49 Section 1. The board of regents and the education department, in 50 consultation with the department of agriculture and markets, shall 51 develop and implement an outreach campaign encouraging elementary and 52 secondary education students to enter the agricultural field and attendA. 940 6 1 one of New York state's college agriculture education programs. Such 2 outreach campaign shall continue until December 31, 2026 or until 3 enrollment in undergraduate agricultural programs increases by twenty- 4 five percent. 5 § 2. This act shall take effect immediately. 6 PART E 7 Section 1. Report on agriculture taxation. The commissioner of agri- 8 culture and markets shall study and make recommendations to the governor 9 and the legislature within eighteen months of the effective date of this 10 section on reducing the taxation for landowners who use land for the 11 production of agricultural commodities within and outside agricultural 12 districts, pursuant to article 25-AA of the agriculture and markets law. 13 § 2. This act shall take effect immediately. 14 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 15 sion, section or part of this act shall be adjudged by any court of 16 competent jurisdiction to be invalid, such judgment shall not affect, 17 impair, or invalidate the remainder thereof, but shall be confined in 18 its operation to the clause, sentence, paragraph, subdivision, section 19 or part thereof directly involved in the controversy in which such 20 judgement shall have been rendered. It is hereby declared to be the 21 intent of the legislature that this act would have been enacted even if 22 such invalid provisions had not been included herein. 23 § 4. This act shall take effect immediately provided, however, that 24 the applicable effective date of Parts A through E of this act shall be 25 as specifically set forth in the last section of such Parts.