Bill Text: NY A03623 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes the NY food insecurity, farm resiliency and rural poverty initiative to provide financial assistance in the form of matching grants, hiring assistance, purchasing assistance, tax credits, tax exemptions, and reimbursements.
Spectrum: Moderate Partisan Bill (Republican 10-3)
Status: (Introduced) 2025-01-29 - referred to agriculture [A03623 Detail]
Download: New_York-2025-A03623-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3623 2025-2026 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "NY Food Insecurity, Farm Resiliency and Rural Poverty act". 3 § 2. Legislative findings and intent. The legislature hereby recog- 4 nizes that the agricultural industry is a significant, economically 5 diverse and productive industry that is vital to the state of New York 6 and has a substantial impact on the state's economy. That the COVID-19 7 pandemic, and the subsequent mandates and restrictions, have severely 8 disrupted the agricultural markets to an extent seldom realized by the 9 state. Consequently, the legislature hereby recognizes that a comprehen- 10 sive support structure is necessary to ensure the viability of New York 11 farms and provide reliable market expectations for New York farmers. 12 § 3. The agriculture and markets law is amended by adding a new article 13 24-A to read as follows: 14 ARTICLE 24-A 15 NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY ACT 16 Section 291. Short title. 17 291-a. Legislative intent. 18 291-b. Definitions. 19 291-c. NY food insecurity, farm resiliency and rural poverty 20 office. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04705-01-5A. 3623 2 1 291-d. Permanent agricultural purchasing assistance program. 2 291-e. Commercial meat, fiber and dairy processing incentive 3 program. 4 291-f. New York meat, fiber and dairy processing study commis- 5 sion. 6 291-g. Personal service cost assistance program. 7 291-h. Beginning farmers grant program. 8 291-i. Farm infrastructure and equipment grant program. 9 291-j. Commercial real estate and warehousing grant program. 10 291-k. Cold storage equipment grant program. 11 291-l. Cold storage transportation grant program. 12 291-m. Transportation fuel reimbursement program. 13 291-n. FarmNet program. 14 § 291. Short title. This article shall be known and may be cited as 15 the "NY Food Insecurity, Farm Resiliency and Rural Poverty act". 16 § 291-a. Legislative intent. The legislature hereby recognizes that 17 New York state boasts a valuable agricultural sector as well as a 18 comprehensive structure of ten regional food banks which are tailored to 19 each region's resources and needs; New York's farmers and the state's 20 food banks work in conjunction with over four thousand local food 21 pantries and non-profit partner organizations to serve between three and 22 five million New Yorkers annually. In support of these efforts, New York 23 agriculture, which employs nearly two hundred thousand residents, 24 produces eighteen billion pounds of fresh produce annually, as well as 25 over fifteen billion pounds of milk and two hundred seventy-three 26 million pounds of meat. The agricultural sector in New York state is 27 worth more than five billion seven hundred fifty million dollars in 28 direct economic activity annually; ninety-eight percent of New York 29 farms are family-owned, with an average farm size of about two hundred 30 five acres and a median producer age of about fifty-seven years. Howev- 31 er profitable in terms of revenue, it must be acknowledged that the 32 amount of acreage under tillage has been in decline; since two thousand 33 twelve, acreage under cultivation has declined by nearly three hundred 34 twenty thousand acres. 35 The COVID-19 pandemic and, more specifically, New York state's aggres- 36 sive response to it has caused severe disruption to the lives and live- 37 lihoods of New York farmers; mandatory shutdowns and capacity limita- 38 tions related to the state's COVID-19 response, especially during the 39 spring of two thousand twenty, created a massive deficit in demand for 40 agricultural products and services in sectors ranging from food-service 41 to tourism, especially concerning dairy products. This drastically 42 reduced demand forced New York's farmers to dump millions of gallons of 43 milk as unprofitable waste, costing tens of millions of dollars in 44 potential revenue. 45 New York state's COVID-19 response has thrown into sharp relief some 46 ways in which the relationship between New York state agriculture and 47 its food banks could be improved, both for the benefit of New York farm- 48 ers and those in need. These include: agricultural assistance to 49 prevent agricultural food waste and other problems associated with 50 temporarily low demand for agricultural products due to emergency 51 disruptions; access to, and capacity issues with, cold storage equip- 52 ment, and the acquisition and maintenance of food transportation. To 53 address these needs, the New York Food Insecurity, Farm Resiliency and 54 Rural Poverty act is hereby introduced. 55 § 291-b. Definitions. For purposes of this article, the following 56 terms shall have the following meanings:A. 3623 3 1 1. "Act" shall mean the New York Food Insecurity, Farm Resiliency and 2 Rural Poverty act. 3 2. "Equipment" shall mean tractors, trucks, automated milk pushers, 4 automated feed pushers, refrigerators, freezers, generators and any 5 other tool, machine or implement used in agricultural, food bank or food 6 pantry operations. 7 3. "Fuel" shall mean gasoline, diesel fuel, hydrogen, propane, 8 compressed natural gas, or an electrical charge stored in one or more 9 vehicle-borne batteries. 10 4. "Cold storage" shall mean the storage of perishable food products 11 in a temperature-controlled cold space for the purpose of preservation. 12 5. "Commercial meat processing" shall mean the large-scale end-to-end 13 preparation of meat, poultry and seafood for consumption, including 14 inspection. 15 6. "Commercial dairy processing" shall mean the large-scale end-to-end 16 preparation of milk and milk products for consumption, including 17 inspection. 18 7. "Rendering" shall mean the recycling, by a meat processor, of 19 unutilized meat, fat, bone and other waste animal products into other 20 usable products, such as biofuels. 21 8. "NY FarmNet" or "FarmNet" means the farm family assistance program 22 founded in nineteen eighty-six at the New York state college of agricul- 23 ture and life sciences at Cornell university. 24 9. "Commissioners" shall mean the commissioner of agriculture and 25 markets, the commissioner of the office of temporary and disability 26 assistance and the commissioner of the department of health. 27 10. "Initiative" shall mean the New York food insecurity, farm resili- 28 ency and rural poverty initiative established pursuant to section two 29 hundred ninety-one of this article. 30 11. "Commission" shall mean the New York meat and dairy processing 31 study commission established pursuant to section two hundred 32 ninety-one-f of this article. 33 12. "Livestock producer" shall mean any person who owns or acquires 34 ownership of cattle, sheep, deer, llamas, alpacas, goats, horses, poul- 35 try, and similar animals kept for domestic use but not as pets, such as 36 on a farm or ranch. 37 § 291-c. NY food insecurity, farm resiliency and rural poverty office. 38 The commissioners shall initiate and maintain a NY food insecurity, farm 39 resiliency and rural poverty office within the department for the 40 purpose of providing oversight and assistance to applicants and recipi- 41 ents intended to benefit from the initiative. The program shall provide 42 financial assistance in the form of matching grants, personal service 43 cost assistance, purchasing assistance, tax credits, tax exemptions, and 44 reimbursements. 45 § 291-d. Permanent agricultural purchasing assistance program. 1. 46 There is hereby created within the NY food insecurity, farm resiliency 47 and rural poverty office, the New York state permanent agricultural 48 purchasing assistance program. Subject to the availability of funds, 49 the sum of ten million dollars shall be annually available to fund such 50 program. Such program shall be established and funded to permit regional 51 food banks to purchase increased amounts of agricultural food products 52 from New York farmers. Funding shall be allocated to each regional food 53 bank according to a formula determined by the department to ensure equi- 54 table distribution of funds.A. 3623 4 1 2. During a declared state of emergency and subject to the availabili- 2 ty of funds, such program shall be given additional funds in the amount 3 of twenty million dollars to permit program expansion. 4 § 291-e. Commercial meat, fiber and dairy processing incentive 5 program. 1. There is hereby created within the NY food insecurity, farm 6 resiliency and rural poverty office, the commercial meat, fiber and 7 dairy processing incentive program. The objective of such program is to 8 increase the available processing capacity for meat, fiber and/or dairy 9 products in New York state. Under this section, the empire state devel- 10 opment corporation is authorized to provide grants for construction, 11 financing and equipment of up to one hundred percent of a project, 12 provided that the total amount of assistance provided pursuant to this 13 subdivision shall not exceed an appropriation provided for the purposes 14 of this section. 15 2. The department shall develop rules and regulations necessary to: 16 (a) purchase commercial real property and build facilities suitable 17 for turnkey operations by private commercial meat, fiber and/or dairy 18 processors. Under this program, the department shall maintain ownership 19 of the property and equipment and is hereby authorized to enter into 20 lease agreements with commercial meat, fiber and dairy processing busi- 21 ness entities to operate at such facilities; and 22 (b) require commercial meat, fiber and/or dairy processing facilities 23 located at and/or operated by the state university of New York to main- 24 tain full-scale operations in the event of a declaration of a state of 25 emergency. 26 § 291-f. New York meat, fiber and dairy processing study commission. 27 1. There is hereby established within the department, the commission on 28 meat, fiber and dairy processing in New York state (hereinafter referred 29 to as "the commission"). 30 2. The commission shall consist of nineteen members to be appointed as 31 follows: 32 (a) the commissioner, or their designee; 33 (b) the commissioner of labor, or their designee; 34 (c) the president of the empire state development corporation, or 35 their designee; 36 (d) the chancellor of the state university of New York, or their 37 designee; 38 (e) the commissioner of transportation, or their designee; 39 (f) the commissioner of environmental conservation, or their designee; 40 (g) one member appointed by the speaker of the assembly, with exper- 41 tise in one or more of the following areas: meat processing, fiber proc- 42 essing, dairy processing, or agriculture; 43 (h) one member appointed by the minority leader of the assembly, with 44 expertise in one or more of the following areas: meat processing, fiber 45 processing, dairy processing, or agriculture; 46 (i) one member appointed by the temporary president of the senate, 47 with expertise in one or more of the following areas: meat processing, 48 fiber processing, dairy processing, or agriculture; 49 (j) one member appointed by the minority leader of the senate, with 50 expertise in one or more of the following areas: meat processing, fiber 51 processing, dairy processing, or agriculture; 52 (k) the head of the food bank association of New York state, or their 53 designee; 54 (l) one member who serves as the executive director of a regional food 55 bank;A. 3623 5 1 (m) one member who has owned and/or operated meat processing oper- 2 ations in New York for a period of at least five years; 3 (n) one member who has owned and/or operated a fiber processing opera- 4 tion in New York for a period of at least five years; 5 (o) one member who has owned and/or operated a dairy farm in New York 6 for a period of at least ten years; 7 (p) one member who is an active meat inspector; 8 (q) one member who is an active dairy inspector; 9 (r) one member who is a livestock producer; and 10 (s) one member who has owned and/or operated an active produce farm 11 for a period of at least ten years. 12 3. Appointments shall be made to the commission within ninety days of 13 the effective date of this article. Commission members shall receive no 14 compensation for their services but shall be reimbursed for actual and 15 necessary expenses incurred in the performance of their duties. 16 4. The commission shall be authorized to hold public hearings and 17 meetings to enable it to accomplish its duties. The commission may 18 consult with any organization, educational institution, other government 19 entity or agency or person in the development of its report. 20 5. The commission shall be tasked with undertaking a comprehensive 21 examination of the logistical, legal, economic and regulatory challenges 22 faced by the meat, fiber and dairy processing industries in New York 23 state, with the objective of issuing recommendations in order to miti- 24 gate these challenges to encourage expansion of this economic sector. 25 Among other matters, the commission shall examine the following areas of 26 concern: 27 (a) Lack of inspectors; 28 (b) Utilities infrastructure; 29 (c) Labor law; 30 (d) All state and local regulations, including required documentation; 31 (e) Shortages of skilled, trained labor; 32 (f) Financial costs of construction of meat, fiber and dairy process- 33 ing facilities; and 34 (g) Any further issues that the commission shall deem necessary. Upon 35 receipt of recommendations from the commission, the commissioner shall, 36 within ninety days, promulgate rules and regulations necessary for 37 effectuating the intent of the recommendations made by the commission. 38 6. The commission shall direct the state university of New York to 39 increase and maintain educational and training programs devoted to the 40 rendering process, given its essential role in processing of this nature 41 and the shortfalls currently faced by the state in terms of rendering 42 capacity. 43 7. The commission will submit recommendations to the governor and the 44 legislature concerning the number of processing plants to be constructed 45 and where these facilities should be located, in order to achieve the 46 most beneficial economic impact in various regions of the state. The 47 commission shall issue a report detailing such recommendations for 48 improving the state's prospects concerning in-state meat, fiber and 49 dairy processing within nine months of the enactment of this article. 50 Recommendations specific to the cost and construction of meat, fiber and 51 dairy processing facilities shall be subject to approval and appropri- 52 ation of funds by the legislature. 53 § 291-g. Personal service cost assistance program. There is hereby 54 created within the NY food insecurity, farm resiliency and rural poverty 55 office, the personal service cost assistance program. Subject to the 56 availability of funds, the sum of two million dollars shall be annuallyA. 3623 6 1 available to fund such program. Such program shall be established and 2 funded to offset the hiring costs of additional personnel in support of 3 expanded food bank operations, including but not limited to transporta- 4 tion personnel. No raises or additional compensation for existing 5 employees will be permitted from this funding. 6 § 291-h. Beginning farmers grant program. There is hereby created 7 within the NY food insecurity, farm resiliency and rural poverty office, 8 the beginning farmers grant program. Subject to the availability of 9 funds, the sum of one million dollars shall be made available to fund 10 the beginning farmers grant program. Such program shall be funded for 11 grants to be awarded under the beginning farmers NY fund pursuant to 12 section sixteen-w of the urban development corporation act. 13 § 291-i. Farm infrastructure and equipment grant program. There is 14 hereby created within the NY food insecurity, farm resiliency and rural 15 poverty office, the farm infrastructure and equipment grant program. 16 Subject to the availability of funds, the sum of six million dollars 17 shall be made available to fund such program. Matching grants are hereby 18 established to help fund the costs of infrastructure improvements and 19 equipment purchases for established New York farmers who have been in 20 business for ten years or more. Eligible applicants shall be responsible 21 for ten percent of funding, leveraging ninety percent in state funds. 22 Capital grants may be utilized to improve farm profitability, purchase 23 machinery, including but not limited to, automated farming equipment 24 and/or for the construction or improvement of physical structures. 25 Grants to eligible applicants, which shall include veterans and disabled 26 persons, shall not exceed one hundred thousand dollars. 27 § 291-j. Commercial real estate and warehousing grant program. There 28 is hereby created within the NY food insecurity, farm resiliency and 29 rural poverty office, the commercial real estate and warehousing grant 30 program. Subject to the availability of funds, the sum of six million 31 dollars shall be made available to fund such program. Matching grants 32 are hereby established to help fund the costs of commercial real estate 33 acquisition, as well as the construction of additional warehouse space, 34 for each of New York's regional food banks, which shall include but not 35 be limited to, Island Harvest, Ltd. and City Harvest, Inc. Eligible 36 applicants shall provide twenty percent funding, leveraging eighty 37 percent provided by state funds. Grants to eligible applicants may not 38 exceed six hundred thousand dollars. 39 § 291-k. Cold storage equipment grant program. There is hereby created 40 within the NY food insecurity, farm resiliency and rural poverty office, 41 the cold storage equipment grant program. Subject to the availability of 42 funds, the sum of five hundred thousand dollars shall be annually avail- 43 able to fund such program. Matching grants are hereby established to 44 help fund the purchase by non-profits and local food pantries of commer- 45 cial and residential-scale cold-storage equipment. Eligible applicants 46 must provide ten percent funding, leveraging ninety percent by state 47 funds. Grants to eligible applicants may not exceed five thousand 48 dollars. 49 § 291-l. Cold storage transportation grant program. There is hereby 50 created within the NY food insecurity, farm resiliency and rural poverty 51 office, the cold storage transportation grant program. Subject to the 52 availability of funds, the sum of three million dollars shall be made 53 available to fund such program. Matching grants are hereby established 54 to help fund the purchase, by regional food banks and associated non- 55 profit organizations, of refrigerated box trucks, trailers, and any 56 vehicles containing or equipped with refrigeration equipment. EligibleA. 3623 7 1 applicants must provide twenty percent funding, leveraging eighty 2 percent by state funds. Grants to eligible applicants may not exceed one 3 hundred thousand dollars. 4 § 291-m. Transportation fuel reimbursement program. There is hereby 5 created within the NY food insecurity, farm resiliency and rural poverty 6 office, the transportation fuel reimbursement program. Subject to the 7 availability of funds, the sum of five hundred thousand dollars shall be 8 annually available to fund such program. Such program shall be estab- 9 lished and funded to provide reimbursements of fuel costs associated 10 with increased vehicle use by regional food banks and eligible non-pro- 11 fit organizations, subject to the availability of funds. 12 § 291-n. FarmNet program. There is hereby created within the NY food 13 insecurity, farm resiliency and rural poverty office, the FarmNet 14 program. Subject to the availability of funds, the sum of seven hundred 15 eighteen thousand dollars shall be annually available to fund such 16 program. 17 § 4. Hunger prevention and nutrition assistance program. There is 18 hereby created within the department of health, the hunger prevention 19 and nutrition assistance program. Subject to the availability of funds, 20 the sum of four million dollars shall be annually available to fund such 21 program. The commissioner of the department of health is hereby directed 22 to utilize such funding, allocated according to a formula which such 23 commissioner shall devise, to award one new hunger prevention and nutri- 24 tion assistance program contract each to the following non-profit organ- 25 izations: City Harvest, Inc. and Island Harvest, Ltd. 26 § 5. Nutrition outreach education program. There is hereby created 27 within the office of temporary and disability assistance, the nutrition 28 outreach education program. Subject to the availability of funds, the 29 sum of two million dollars shall be annually available to fund such 30 program. Such program shall be established and funded to provide grants 31 to community-based organizations for nutrition outreach in areas where a 32 significant percentage or number of those potentially eligible for food 33 assistance programs are not participating in such programs. 34 § 6. Paragraph (a) of subdivision 52 of section 210-B of the tax law, 35 as added by section 4 of part DDD of chapter 59 of the laws of 2017, is 36 amended to read as follows: 37 (a) General. In the case of a taxpayer that is an eligible farmer, 38 there shall be allowed a credit, to be computed as hereinafter provided 39 against the tax imposed by this article for taxable years beginning on 40 and after January first, two thousand eighteen. The amount of the credit 41 shall be [twenty-five] fifty percent of the fair market value of the 42 taxpayer's qualified donations made to any eligible food pantry during 43 the taxable year, not to exceed five thousand dollars per taxable year. 44 If the taxpayer is a partner in a partnership, then the cap imposed by 45 the preceding sentence shall be applied at the entity level, so that the 46 aggregate credit allowed to all partners of such entity in the taxable 47 year does not exceed five thousand dollars. 48 § 7. Paragraph 1 of subsection (n-2) of section 606 of the tax law, as 49 added by section 1 of part DDD of chapter 59 of the laws of 2017, is 50 amended to read as follows: 51 (1) General. In the case of a taxpayer who is an eligible farmer, 52 there shall be allowed a credit, to be computed as hereinafter provided, 53 against the tax imposed by this article for taxable years beginning on 54 and after January first, two thousand eighteen. The amount of the credit 55 shall be [twenty-five] fifty percent of the fair market value of the 56 taxpayer's qualified donations made to any eligible food pantry duringA. 3623 8 1 the taxable year, not to exceed five thousand dollars per taxable year. 2 If the taxpayer is a partner in a partnership or a shareholder of a New 3 York S corporation, then the cap imposed by the preceding sentence shall 4 be applied at the entity level, so that the aggregate credit allowed to 5 all partners or shareholders of such entity in the taxable year does not 6 exceed five thousand dollars. 7 § 8. Subparagraph 3 of paragraph (a) of section 5-3.1 of the estates, 8 powers and trusts law, as amended by chapter 437 of the laws of 2010, is 9 amended to read as follows: 10 (3) Domestic and farm animals with their necessary food for sixty 11 days, farm machinery, [one tractor] two tractors and one lawn tractor, 12 not exceeding in aggregate value [twenty] one hundred thousand dollars. 13 § 9. Subdivision 3 of section 701 of the labor law, as amended by 14 chapter 43 of the laws of 1989, paragraph (a) as amended by chapter 105 15 of the laws of 2019 and paragraph (c) as amended by section 2 of part II 16 of chapter 58 of the laws of 2020, is amended to read as follows: 17 3. (a) The term "employees" includes but is not restricted to any 18 individual employed by a labor organization; any individual whose 19 employment has ceased as a consequence of, or in connection with, any 20 current labor dispute or because of any unfair labor practice, and who 21 has not obtained any other regular and substantially equivalent employ- 22 ment; and shall not be limited to the employees of a particular employ- 23 er, unless the article explicitly states otherwise, but shall not 24 include any individual employed by [his] their parent or spouse or in 25 the domestic service of and directly employed, controlled and paid by 26 any person in [his] their home, any individual whose primary responsi- 27 bility is the care of a minor child or children and/or someone who lives 28 in the home of a person for the purpose of serving as a companion to a 29 sick, convalescing or elderly person or any individuals employed only 30 for the duration of a labor dispute, or any individuals employed as farm 31 laborers or, any individual who participates in and receives rehabilita- 32 tive or therapeutic services in a charitable non-profit rehabilitation 33 facility or sheltered workshop or any individual employed in a charita- 34 ble non-profit rehabilitation facility or sheltered workshop who has 35 received rehabilitative or therapeutic services and whose capacity to 36 perform the work for which [he] such individual is engaged is substan- 37 tially impaired by physical or mental deficiency or injury. 38 (b) The term "employee" shall also include a professional musician or 39 a person otherwise engaged in the performing arts who performs services 40 as such. "Engaged in the performing arts" shall mean performing services 41 in connection with production of or performance in any artistic endeavor 42 which requires artistic or technical skill or expertise. 43 [(c) The term "employee" shall also include farm laborers. "Farm44laborers" shall mean any individual engaged or permitted by an employer45to work on a farm. Members of an agricultural employer's immediate fami-46ly who are related to the third degree of consanguinity or affinity47shall not be considered to be employed on a farm if they work on a farm48out of familial obligations and are not paid wages, or other compen-49sation based on their hours or days of work.] 50 § 10. The closing paragraph of subdivision 1 of section 161 of the 51 labor law is REPEALED. 52 § 11. Paragraphs b and d of subdivision 2 of section 161 of the labor 53 law, as amended by chapter 105 of the laws of 2019, are amended to read 54 as follows: 55 b. Employees in dairies, creameries, milk condenseries, milk powder 56 factories, milk sugar factories, milk shipping stations, butter andA. 3623 9 1 cheese factories, ice cream manufacturing plants and milk bottling 2 plants, where not more than seven persons are employed; 3 d. Employees whose duties include not more than three hours' work on 4 Sunday in setting sponges in bakeries, caring for live animals, main- 5 taining fires, or making necessary repairs to boilers or machinery. 6 § 12. Section 163-a of the labor law is REPEALED. 7 § 13. The opening paragraph of paragraph (a) of subdivision 6 of 8 section 511 of the labor law, as amended by chapter 105 of the laws of 9 2019, is amended to read as follows: 10 The term "employment" [includes] does not include agricultural labor 11 unless it is covered pursuant to section five hundred sixty-four of this 12 article. The term "agricultural labor" includes all service performed: 13 § 14. Section 564 of the labor law, as amended by and subdivision 3 as 14 renumbered by chapter 105 of the laws of 2019, is amended to read as 15 follows: 16 § 564. Agricultural labor [crew leaders]. 1. Coverage. (a) Notwith- 17 standing the provisions of section five hundred sixty of this article, 18 an employer of persons engaged in agricultural labor shall become liable 19 for contributions under this article if the employer: 20 (1) has paid cash remuneration of twenty thousand dollars or more in 21 any calendar quarter to persons employed in agricultural labor, and such 22 liability shall commence on the first day of such quarter, or 23 (2) has employed in agricultural labor ten or more persons on each of 24 twenty days during a calendar year or the preceding calendar year, each 25 day being in a different calendar week, and the liability shall in such 26 event commence on the first day of the calendar year, or 27 (3) is liable for the tax imposed under the federal unemployment tax 28 act as an employer of agricultural labor and the liability shall in such 29 event commence on the first day of the calendar quarter in such calendar 30 year when such employer first paid remuneration for agricultural labor 31 in this state. 32 (b) An employer who becomes liable for contributions under paragraph 33 (a) of this subdivision shall cease to be liable as of the first day of 34 a calendar quarter next following the filing of a written application 35 provided the commissioner finds that the employer: 36 (1) has not paid to persons employed in agricultural labor cash remun- 37 eration of twenty thousand dollars or more in any of the eight calendar 38 quarters preceding such day, and 39 (2) has not employed in agricultural labor ten or more persons on each 40 of twenty days during the current or the preceding calendar year, each 41 day being in a different week, and 42 (3) is not liable for the tax imposed under the federal unemployment 43 tax act as an employer of agricultural labor. 44 2. Crew leader. Whenever a person renders services as a member of a 45 crew which is paid and furnished by the crew leader to perform services 46 in agricultural labor for another employer, such other employer shall, 47 for the purpose of this article, be deemed to be the employer of such 48 person, unless: 49 [1.] (a) the crew leader holds a valid certificate of registration 50 under the federal farm labor contractor registration act of nineteen 51 hundred sixty-three or substantially all the members of the crew operate 52 or maintain tractors, mechanized harvesting or crop dusting machinery or 53 any other mechanized equipment which is provided by the crew leader, and 54 [2. Exclusion from coverage. For purposes of this section the term55"employment" shall not include services rendered by an individual who is56admitted to the United States to perform agricultural labor pursuant toA. 3623 10 18 USC 1188 if, at the time such services are rendered, they are excluded2from the definition of employment in section 3306(c) of the Federal3Unemployment Tax Act.43.] (b) the crew leader is not an employee of such other employer and 5 has not entered into a written agreement with such employer under which 6 [he] such crew leader is designated as an employee. 7 § 15. Paragraph (m) of subdivision 5 of section 225 of the public 8 health law, as amended by chapter 105 of the laws of 2019, is amended to 9 read as follows: 10 (m) require that application be made for a permit to operate a farm or 11 food processing labor camp as defined in the sanitary code; authorize 12 appropriate officers or agencies to issue such a permit when the appli- 13 cant is in compliance with the established regulations; prescribe stand- 14 ards for living quarters at farm and food processing labor camps, 15 including provisions for sanitary conditions; light, air, and safety; 16 protection from fire hazards; maintenance; and such other matters as may 17 be appropriate for security of life or health, provided however, that 18 the provisions of the sanitary code established pursuant to the 19 provisions hereof shall apply to all farm and food processing labor 20 camps intended to house migrant workers and which are occupied by five 21 or more persons. In the preparation of such regulations, the public 22 health and health planning council may request and shall receive techni- 23 cal assistance from the board of standards and appeals of the state 24 department of labor and the state building code commission. Such regu- 25 lation shall be enforced in the same manner as are other provisions of 26 the sanitary code; 27 § 16. Groups 14-a and 14-b of subdivision 1 of section 3 of the work- 28 ers' compensation law, as amended by chapter 105 of the laws of 2019, 29 are amended to read as follows: 30 Group 14-a. On and after January first, nineteen hundred sixty-two, 31 any other employment in a trade, business, or occupation carried on by 32 the employer for pecuniary gain in which one or more employees other 33 than farm laborers are employed. 34 Group 14-b. Employment as a farm laborer as provided herein. A farmer 35 shall provide coverage under this chapter for all farm laborers employed 36 during any part of the twelve consecutive months beginning April first 37 of any calendar year preceded by a calendar year in which the cash 38 remuneration paid to all farm laborers aggregated twelve hundred dollars 39 or more. 40 § 17. Section 51 of the workers' compensation law, as amended by chap- 41 ter 105 of the laws of 2019, is amended to read as follows: 42 § 51. Posting of notice regarding compensation. Every employer who has 43 complied with section fifty of this article shall post and maintain in a 44 conspicuous place or places in and about [his] such employer's place or 45 places of business typewritten or printed in English and Spanish notices 46 in form prescribed by the [chairman] chair, stating the fact that [he] 47 such employer has complied with all the rules and regulations of the 48 [chairman] chair and the board and that [he] such employer has secured 49 the payment of compensation to [his] their employees and their depen- 50 dents in accordance with the provisions of this chapter, but failure to 51 post such notice as herein provided shall not in any way affect the 52 exclusiveness of the remedy provided for by section eleven of this chap- 53 ter. Every employer who owns or operates automotive or horse-drawn vehi- 54 cles and has no minimum staff of regular employees required to report 55 for work at an established place of business maintained by such employer 56 and every employer who is engaged in the business of moving householdA. 3623 11 1 goods or furniture shall post such notices in each and every vehicle 2 owned or operated by [him] such employer. Failure to post or maintain 3 such notice in any of said vehicles shall constitute presumptive 4 evidence that such employer has failed to secure the payment of compen- 5 sation. The [chairman] chair may require any employer to furnish a writ- 6 ten statement at any time showing the stock corporation, mutual corpo- 7 ration or reciprocal insurer in which such employer is insured or the 8 manner in which such employer has complied with any provision of this 9 chapter. Failure for a period of ten days to furnish such written state- 10 ment shall constitute presumptive evidence that such employer has 11 neglected or failed in respect of any of the matters so required. Any 12 employer who fails to comply with the provisions of this section shall 13 be required to pay to the board a fine of [five hundred] up to two 14 hundred fifty dollars for each violation, in addition to any other 15 penalties imposed by law to be deposited into the uninsured employers' 16 fund. 17 § 18. Section 110-b of the workers' compensation law is REPEALED. 18 § 19. The opening paragraph of section 120 of the workers' compen- 19 sation law, as amended by chapter 105 of the laws of 2019, is amended to 20 read as follows: 21 It shall be unlawful for any employer or [his or her] their duly 22 authorized agent to discharge or fail to reinstate pursuant to section 23 two hundred three-b of this chapter, or in any other manner discriminate 24 against an employee as to [his or her] their employment because such 25 employee has claimed or attempted to claim compensation from such 26 employer, [requested a claim form for injuries received in the course of27employment,] or claimed or attempted to claim any benefits provided 28 under this chapter or because [he or she] such employee has testified or 29 is about to testify in a proceeding under this chapter and no other 30 valid reason is shown to exist for such action by the employer. 31 § 20. The opening paragraph of paragraph A of subdivision 6 of section 32 201 of the workers' compensation law, as amended by chapter 105 of the 33 laws of 2019, is amended to read as follows: 34 "Employment" means employment in any trade, business or occupation 35 carried on by an employer, except that the following shall not be deemed 36 employment under this article: services performed for the state, a 37 municipal corporation, local governmental agency, other political subdi- 38 vision or public authority; employment subject to the federal railroad 39 unemployment insurance act; service performed on or as an officer or 40 member of the crew of a vessel on the navigable water of the United 41 States or outside the United States; services as farm laborers; casual 42 employment and the first forty-five days of extra employment of employ- 43 ees not regularly in employment as otherwise defined herein; service as 44 golf caddies; and service during all or any part of the school year or 45 regular vacation periods as a part-time worker of any person actually in 46 regular attendance during the day time as a student in an elementary or 47 secondary school. The term "employment" shall include domestic or 48 personal work in a private home. The term "employment" shall not include 49 the services of a licensed real estate broker or sales associate if it 50 be proven that (a) substantially all of the remuneration (whether or not 51 paid in cash) for the services performed by such broker or sales associ- 52 ate is directly related to sales or other output (including the perform- 53 ance of services) rather than to the number of hours worked; (b) the 54 services performed by the broker or sales associate are performed pursu- 55 ant to a written contract executed between such broker or sales associ- 56 ate and the person for whom the services are performed within the pastA. 3623 12 1 twelve to fifteen months; and (c) the written contract provided for in 2 subparagraph (b) of this paragraph was not executed under duress and 3 contains the following provisions: 4 § 21. The opening paragraph of subdivision 5 of section 651 of the 5 labor law, as amended by chapter 391 of the laws of 2024, is amended to 6 read as follows: 7 "Employee" includes any individual employed or permitted to work by an 8 employer in any occupation, but shall not include any individual who is 9 employed or permitted to work: (a) on a casual basis in service as a 10 part time baby sitter in the home of the employer; (b) in labor on a 11 farm; (c) in a bona fide executive, administrative, or professional 12 capacity; [(c)] (d) as an outside [salesman] salesperson; [(d)] (e) as a 13 driver engaged in operating a taxicab; [(e)] (f) as a volunteer, learner 14 or apprentice by a corporation, unincorporated association, community 15 chest, fund or foundation organized and operated exclusively for reli- 16 gious, charitable or educational purposes, no part of the net earnings 17 of which inures to the benefit of any private shareholder or individual; 18 [(f)] (g) as a member of a religious order, or as a duly ordained, 19 commissioned or licensed minister, priest or rabbi, or as a sexton, or 20 as a christian science reader; [(g)] (h) in or for such a religious or 21 charitable institution, which work is incidental to or in return for 22 charitable aid conferred upon such individual and not under any express 23 contract of hire; [(h)] (i) in or for such a religious, educational or 24 charitable institution if such individual is a student; [(i)] (j) in or 25 for such a religious, educational or charitable institution if the earn- 26 ing capacity of such individual is impaired by age or by physical or 27 mental deficiency or injury; [(j)] (k) in or for a summer camp or 28 conference of such a religious, educational or charitable institution 29 for not more than three months annually; [(k)] (l) as a staff counselor 30 in a children's camp; [(l)] (m) in or for a college or university 31 fraternity, sorority, student association or faculty association, no 32 part of the net earnings of which inures to the benefit of any private 33 shareholder or individual, and which is recognized by such college or 34 university, if such individual is a student; [(m)] (n) by a federal, 35 state or municipal government or political subdivision thereof; [(n)] 36 (o) as a volunteer at a recreational or amusement event run by a busi- 37 ness that operates such events, provided that no single such event lasts 38 longer than eight consecutive days and no more than one such event 39 concerning substantially the same subject matter occurs in any calendar 40 year, where (1) any such volunteer shall be at least eighteen years of 41 age, (2) a business seeking coverage under this paragraph shall notify 42 every volunteer in writing, in language acceptable to the commissioner, 43 that by volunteering [his or her] their services, such volunteer is 44 waiving [his or her] their right to receive the minimum wage pursuant to 45 this article, and (3) such notice shall be signed and dated by a repre- 46 sentative of the business and the volunteer and kept on file by the 47 business for thirty-six months; [(o)] (p) in the delivery of newspapers 48 or shopping news to the consumer by a person who is not performing 49 commercial goods transportation services for a commercial goods trans- 50 portation contractor within the meaning of article twenty-five-C of this 51 chapter; or [(p)] (q) having entered into a contract to play baseball at 52 the minor league level and who is compensated pursuant to the terms of a 53 collective bargaining agreement that expressly provides for the wages, 54 hours of work, and working conditions of employees. The exclusions from 55 the term "employee" contained in this subdivision shall be as defined by 56 regulations of the commissioner.A. 3623 13 1 § 22. Subdivision 1 of section 674 of the labor law, as amended by 2 chapter 105 of the laws of 2019, is amended to read as follows: 3 1. The commissioner may promulgate such regulations as [he deems] they 4 deem appropriate to carry out the purposes of this article and to safe- 5 guard minimum wage standards. Such regulations may include, but are not 6 limited to, the defining of the circumstances or conditions for the 7 acceptance of non-hourly rates and piece rates as equivalent to the 8 minimum hourly rates established by this article. Such regulations also 9 may include, but are not limited to, waiting time and call-in pay rates; 10 wage provisions governing guaranteed earnings during specified periods 11 of work; allowances for meals, lodging, and other items, services and 12 facilities when furnished by the employer; and the employment of indi- 13 viduals whose earning capacity is affected or impaired by youth or age, 14 or by physical or mental deficiency or injury, under special certif- 15 icates issued by the commissioner, at such wages lower than the minimum 16 wage established by this article and for such period as shall be 17 prescribed in such regulations. 18 § 23. Subdivision 2 of section 701 of the labor law, as amended by 19 chapter 105 of the laws of 2019, is amended to read as follows: 20 2. [(a)] The term "employer" includes any person acting on behalf of 21 or in the interest of an employer, directly or indirectly, with or with- 22 out [his] their knowledge, and shall include any person who is the 23 purchaser of services performed by a person described in paragraph (b) 24 of subdivision three of this section, but a labor organization or any 25 officer or agent thereof shall only be considered an employer with 26 respect to individuals employed by such organization. 27 [(b) The term "employer" includes agricultural employers. The term28"agricultural employer" shall mean any employer engaged in cultivating29the soil or in raising or harvesting any agricultural or horticultural30commodity including custom harvesting operators, and employers engaged31in the business of crops, livestock and livestock products as defined in32section three hundred one of the agriculture and markets law, or other33similar agricultural enterprises.] 34 § 24. The closing paragraph of section 703 of the labor law is 35 REPEALED. 36 § 25. Section 704-b of the labor law is REPEALED. 37 § 26. Subdivision 1-a of section 705 of the labor law is REPEALED. 38 § 27. Section 702-b of the labor law is REPEALED. 39 § 28. Section 674-a of the labor law is REPEALED. 40 § 29. The sum of thirty-five million seven hundred thousand dollars 41 ($35,700,000), or so much thereof as may be necessary, is hereby appro- 42 priated to the department of agriculture and markets from any moneys in 43 the state treasury in the general fund to the credit of the state 44 purposes account for the initial capital of the NY Food Insecurity, Farm 45 Resiliency and Rural Poverty Initiative in carrying out the provisions 46 of this act. Such sum shall be payable on the audit and warrant of the 47 state comptroller on vouchers certified or approved in the manner 48 provided by law. No expenditure shall be made from this appropriation 49 until a certificate of approval of availability shall have been issued 50 by the director of the budget and filed with the state comptroller and a 51 copy filed with the chair of the senate finance committee and the chair 52 of the assembly ways and means committee. Such certificate may be 53 amended from time to time by the director of the budget and a copy of 54 each such amendment shall be filed with the state comptroller, the chair 55 of the senate finance committee and the chair of the assembly ways and 56 means committee.A. 3623 14 1 § 30. This act shall take effect immediately; provided, however, that 2 section three of this act shall take effect on the one hundred eightieth 3 day after it shall have become a law. Effective immediately, the addi- 4 tion, amendment and/or repeal of any rule or regulation necessary for 5 the implementation of this act on its effective date are authorized to 6 be made and completed on or before such effective date.
