Bill Text: NY A05708 | 2023-2024 | 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 14-3)
Status: (Introduced) 2024-01-03 - referred to agriculture [A05708 Detail]
Download: New_York-2023-A05708-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5708 2023-2024 Regular Sessions IN ASSEMBLY March 22, 2023 ___________ Introduced by M. of A. TAGUE, BRABENEC, GALLAHAN, HAWLEY, MILLER, DURSO, PALMESANO, LEMONDES, CRUZ, DAVILA, MEEKS -- 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. 21 291-d. Permanent agricultural purchasing assistance program. 22 291-e. Commercial meat and dairy processing incentive program. 23 291-f. New York meat and dairy processing study commission. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08693-01-3A. 5708 2 1 291-g. Personal service cost assistance program. 2 291-h. Beginning farmers grant program. 3 291-i. Farm infrastructure and equipment grant program. 4 291-j. Commercial real estate and warehousing grant program. 5 291-k. Cold storage equipment grant program. 6 291-l. Cold storage transportation grant program. 7 291-m. Transportation fuel reimbursement program. 8 291-n. FarmNet program. 9 § 291. Short title. This article shall be known and may be cited as 10 the "NY Food Insecurity, Farm Resiliency and Rural Poverty act". 11 § 291-a. Legislative intent. The legislature hereby recognizes that 12 New York state boasts a valuable agricultural sector as well as a 13 comprehensive structure of ten regional food banks which are tailored to 14 each region's resources and needs; New York's farmers and the state's 15 food banks work in conjunction with over four thousand local food 16 pantries and non-profit partner organizations to serve between three and 17 five million New Yorkers annually. In support of these efforts, New York 18 agriculture, which employs nearly two hundred thousand residents, 19 produces eighteen billion pounds of fresh produce annually, as well as 20 over fifteen billion pounds of milk and two hundred seventy-three 21 million pounds of meat. The agricultural sector in New York state is 22 worth more than five billion seven hundred fifty million dollars in 23 direct economic activity annually; ninety-eight percent of New York 24 farms are family-owned, with an average farm size of about two hundred 25 five acres and a median producer age of about fifty-seven years. Howev- 26 er profitable in terms of revenue, it must be acknowledged that the 27 amount of acreage under tillage has been in decline; since two thousand 28 twelve, acreage under cultivation has declined by nearly three hundred 29 twenty thousand acres. 30 The COVID-19 pandemic and, more specifically, New York state's aggres- 31 sive response to it has caused severe disruption to the lives and live- 32 lihoods of New York farmers; mandatory shutdowns and capacity limita- 33 tions related to the state's COVID-19 response, especially during the 34 spring of two thousand twenty, created a massive deficit in demand for 35 agricultural products and services in sectors ranging from food-service 36 to tourism, especially concerning dairy products. This drastically 37 reduced demand forced New York's farmers to dump millions of gallons of 38 milk as unprofitable waste, costing tens of millions of dollars in 39 potential revenue. 40 New York state's COVID-19 response has thrown into sharp relief some 41 ways in which the relationship between New York state agriculture and 42 its food banks could be improved, both for the benefit of New York farm- 43 ers and those in need. These include: agricultural assistance to 44 prevent agricultural food waste and other problems associated with 45 temporarily low demand for agricultural products due to emergency 46 disruptions; access to, and capacity issues with, cold storage equip- 47 ment, and the acquisition and maintenance of food transportation. To 48 address these needs, the New York Food Insecurity, Farm Resiliency and 49 Rural Poverty act is hereby introduced. 50 § 291-b. Definitions. For purposes of this article, the following 51 terms shall have the following meanings: 52 1. "Act" shall mean the New York Food Insecurity, Farm Resiliency and 53 Rural Poverty act. 54 2. "Equipment" shall mean tractors, trucks, automated milk pushers, 55 automated feed pushers, refrigerators, freezers, generators and anyA. 5708 3 1 other tool, machine or implement used in agricultural, food bank or food 2 pantry operations. 3 3. "Fuel" shall mean gasoline, diesel fuel, hydrogen, propane, 4 compressed natural gas, or an electrical charge stored in one or more 5 vehicle-borne batteries. 6 4. "Cold storage" shall mean the storage of perishable food products 7 in a temperature-controlled cold space for the purpose of preservation. 8 5. "Commercial meat processing" shall mean the large-scale end-to-end 9 preparation of meat, poultry and seafood for consumption, including 10 inspection. 11 6. "Commercial dairy processing" shall mean the large-scale end-to-end 12 preparation of milk and milk products for consumption, including 13 inspection. 14 7. "Rendering" shall mean the recycling, by a meat processor, of 15 unutilized meat, fat, bone and other waste animal products into other 16 usable products, such as biofuels. 17 8. "NY FarmNet" or "FarmNet" means the farm family assistance program 18 founded in nineteen eighty-six at the New York state college of agricul- 19 ture and life sciences at Cornell university. 20 9. "Commissioners" shall mean the commissioner of agriculture and 21 markets, the commissioner of the office of temporary and disability 22 assistance and the commissioner of the department of health. 23 10. "Initiative" shall mean the New York food insecurity, farm resili- 24 ency and rural poverty initiative established pursuant to section two 25 hundred ninety-one of this article. 26 11. "Commission" shall mean the New York meat and dairy processing 27 study commission established pursuant to section two hundred 28 ninety-one-f of this article. 29 12. "Livestock producer" shall mean any person who owns or acquires 30 ownership of cattle, sheep, deer, llamas, alpacas, goats, horses, poul- 31 try, and similar animals kept for domestic use but not as pets, such as 32 on a farm or ranch. 33 § 291-c. NY food insecurity, farm resiliency and rural poverty office. 34 The commissioners shall initiate and maintain a NY food insecurity, farm 35 resiliency and rural poverty office within the department for the 36 purpose of providing oversight and assistance to applicants and recipi- 37 ents intended to benefit from the initiative. The program shall provide 38 financial assistance in the form of matching grants, personal service 39 cost assistance, purchasing assistance, tax credits, tax exemptions, and 40 reimbursements. 41 § 291-d. Permanent agricultural purchasing assistance program. 1. 42 There is hereby created within the NY food insecurity, farm resiliency 43 and rural poverty office, the New York state permanent agricultural 44 purchasing assistance program. Subject to the availability of funds, 45 the sum of ten million dollars shall be annually available to fund such 46 program. Such program shall be established and funded to permit regional 47 food banks to purchase increased amounts of agricultural food products 48 from New York farmers. Funding shall be allocated to each regional food 49 bank according to a formula determined by the department to ensure equi- 50 table distribution of funds. 51 2. During a declared state of emergency and subject to the availabili- 52 ty of funds, such program shall be given additional funds in the amount 53 of twenty million dollars to permit program expansion. 54 § 291-e. Commercial meat, fiber and dairy processing incentive 55 program. 1. There is hereby created within the NY food insecurity, farm 56 resiliency and rural poverty office, the commercial meat, fiber andA. 5708 4 1 dairy processing incentive program. The objective of such program is to 2 increase the available processing capacity for meat, fiber and/or dairy 3 products in New York state. Under this section, the empire state devel- 4 opment corporation is authorized to provide grants for construction, 5 financing and equipment of up to one hundred percent of a project, 6 provided that the total amount of assistance provided pursuant to this 7 subdivision shall not exceed an appropriation provided for the purposes 8 of this section. 9 2. The department shall develop rules and regulations necessary to: 10 (a) purchase commercial real property and build facilities suitable 11 for turnkey operations by private commercial meat, fiber and/or dairy 12 processors. Under this program, the department shall maintain ownership 13 of the property and equipment and is hereby authorized to enter into 14 lease agreements with commercial meat, fiber and dairy processing busi- 15 ness entities to operate at such facilities; and 16 (b) require commercial meat, fiber and/or dairy processing facilities 17 located at and/or operated by the state university of New York to main- 18 tain full-scale operations in the event of a declaration of a state of 19 emergency. 20 § 291-f. New York meat, fiber and dairy processing study commission. 21 1. There is hereby established within the department, the commission on 22 meat, fiber and dairy processing in New York state (hereinafter referred 23 to as "the commission"). 24 2. The commission shall consist of nineteen members to be appointed as 25 follows: 26 (a) the commissioner, or his or her designee; 27 (b) the commissioner of labor, or his or her designee; 28 (c) the president of the empire state development corporation, or his 29 or her designee; 30 (d) the chancellor of the state university of New York, or his or her 31 designee; 32 (e) the commissioner of transportation, or his or her designee; 33 (f) the commissioner of environmental conservation, or his or her 34 designee; 35 (g) one member appointed by the speaker of the assembly, with exper- 36 tise in one or more of the following areas: meat processing, fiber proc- 37 essing, dairy processing, or agriculture; 38 (h) one member appointed by the minority leader of the assembly, with 39 expertise in one or more of the following areas: meat processing, fiber 40 processing, dairy processing, or agriculture; 41 (i) one member appointed by the temporary president of the senate, 42 with expertise in one or more of the following areas: meat processing, 43 fiber processing, dairy processing, or agriculture; 44 (j) one member appointed by the minority leader of the senate, with 45 expertise in one or more of the following areas: meat processing, fiber 46 processing, dairy processing, or agriculture; 47 (k) the head of the food bank association of New York state, or his or 48 her designee; 49 (l) one member who serves as the executive director of a regional food 50 bank; 51 (m) one member who has owned and/or operated meat processing oper- 52 ations in New York for a period of at least five years; 53 (n) one member who has owned and/or operated a fiber processing opera- 54 tion in New York for a period of at least five years; 55 (o) one member who has owned and/or operated a dairy farm in New York 56 for a period of at least ten years;A. 5708 5 1 (p) one member who is an active meat inspector; 2 (q) one member who is an active dairy inspector; 3 (r) one member who is a livestock producer; and 4 (s) one member who has owned and/or operated an active produce farm 5 for a period of at least ten years. 6 3. Appointments shall be made to the commission within ninety days of 7 the effective date of this article. Commission members shall receive no 8 compensation for their services but shall be reimbursed for actual and 9 necessary expenses incurred in the performance of their duties. 10 4. The commission shall be authorized to hold public hearings and 11 meetings to enable it to accomplish its duties. The commission may 12 consult with any organization, educational institution, other government 13 entity or agency or person in the development of its report. 14 5. The commission shall be tasked with undertaking a comprehensive 15 examination of the logistical, legal, economic and regulatory challenges 16 faced by the meat, fiber and dairy processing industries in New York 17 state, with the objective of issuing recommendations in order to miti- 18 gate these challenges to encourage expansion of this economic sector. 19 Among other matters, the commission shall examine the following areas of 20 concern: 21 (a) Lack of inspectors; 22 (b) Utilities infrastructure; 23 (c) Labor law; 24 (d) All state and local regulations, including required documentation; 25 (e) Shortages of skilled, trained labor; 26 (f) Financial costs of construction of meat, fiber and dairy process- 27 ing facilities; and 28 (g) Any further issues that the commission shall deem necessary. Upon 29 receipt of recommendations from the commission, the commissioner shall, 30 within ninety days, promulgate rules and regulations necessary for 31 effectuating the intent of the recommendations made by the commission. 32 6. The commission shall direct the state university of New York to 33 increase and maintain educational and training programs devoted to the 34 rendering process, given its essential role in processing of this nature 35 and the shortfalls currently faced by the state in terms of rendering 36 capacity. 37 7. The commission will submit recommendations to the governor and the 38 legislature concerning the number of processing plants to be constructed 39 and where these facilities should be located, in order to achieve the 40 most beneficial economic impact in various regions of the state. The 41 commission shall issue a report detailing such recommendations for 42 improving the state's prospects concerning in-state meat, fiber and 43 dairy processing within nine months of the enactment of this article. 44 Recommendations specific to the cost and construction of meat, fiber and 45 dairy processing facilities shall be subject to approval and appropri- 46 ation of funds by the legislature. 47 § 291-g. Personal service cost assistance program. There is hereby 48 created within the NY food insecurity, farm resiliency and rural poverty 49 office, the personal service cost assistance program. Subject to the 50 availability of funds, the sum of two million dollars shall be annually 51 available to fund such program. Such program shall be established and 52 funded to offset the hiring costs of additional personnel in support of 53 expanded food bank operations, including but not limited to transporta- 54 tion personnel. No raises or additional compensation for existing 55 employees will be permitted from this funding.A. 5708 6 1 § 291-h. Beginning farmers grant program. There is hereby created 2 within the NY food insecurity, farm resiliency and rural poverty office, 3 the beginning farmers grant program. Subject to the availability of 4 funds, the sum of one million dollars shall be made available to fund 5 the beginning farmers grant program. Such program shall be funded for 6 grants to be awarded under the beginning farmers NY fund pursuant to 7 section sixteen-w of the urban development corporation act. 8 § 291-i. Farm infrastructure and equipment grant program. There is 9 hereby created within the NY food insecurity, farm resiliency and rural 10 poverty office, the farm infrastructure and equipment grant program. 11 Subject to the availability of funds, the sum of six million dollars 12 shall be made available to fund such program. Matching grants are hereby 13 established to help fund the costs of infrastructure improvements and 14 equipment purchases for established New York farmers who have been in 15 business for ten years or more. Eligible applicants shall be responsible 16 for ten percent of funding, leveraging ninety percent in state funds. 17 Capital grants may be utilized to improve farm profitability, purchase 18 machinery, including but not limited to, automated farming equipment 19 and/or for the construction or improvement of physical structures. 20 Grants to eligible applicants, which shall include veterans and disabled 21 persons, shall not exceed one hundred thousand dollars. 22 § 291-j. Commercial real estate and warehousing grant program. There 23 is hereby created within the NY food insecurity, farm resiliency and 24 rural poverty office, the commercial real estate and warehousing grant 25 program. Subject to the availability of funds, the sum of six million 26 dollars shall be made available to fund such program. Matching grants 27 are hereby established to help fund the costs of commercial real estate 28 acquisition, as well as the construction of additional warehouse space, 29 for each of New York's regional food banks, which shall include but not 30 be limited to, Island Harvest, Ltd. and City Harvest, Inc. Eligible 31 applicants shall provide twenty percent funding, leveraging eighty 32 percent provided by state funds. Grants to eligible applicants may not 33 exceed six hundred thousand dollars. 34 § 291-k. Cold storage equipment grant program. There is hereby created 35 within the NY food insecurity, farm resiliency and rural poverty office, 36 the cold storage equipment grant program. Subject to the availability of 37 funds, the sum of five hundred thousand dollars shall be annually avail- 38 able to fund such program. Matching grants are hereby established to 39 help fund the purchase by non-profits and local food pantries of commer- 40 cial and residential-scale cold-storage equipment. Eligible applicants 41 must provide ten percent funding, leveraging ninety percent by state 42 funds. Grants to eligible applicants may not exceed five thousand 43 dollars. 44 § 291-l. Cold storage transportation grant program. There is hereby 45 created within the NY food insecurity, farm resiliency and rural poverty 46 office, the cold storage transportation grant program. Subject to the 47 availability of funds, the sum of three million dollars shall be made 48 available to fund such program. Matching grants are hereby established 49 to help fund the purchase, by regional food banks and associated non- 50 profit organizations, of refrigerated box trucks, trailers, and any 51 vehicles containing or equipped with refrigeration equipment. Eligible 52 applicants must provide twenty percent funding, leveraging eighty 53 percent by state funds. Grants to eligible applicants may not exceed one 54 hundred thousand dollars. 55 § 291-m. Transportation fuel reimbursement program. There is hereby 56 created within the NY food insecurity, farm resiliency and rural povertyA. 5708 7 1 office, the transportation fuel reimbursement program. Subject to the 2 availability of funds, the sum of five hundred thousand dollars shall be 3 annually available to fund such program. Such program shall be estab- 4 lished and funded to provide reimbursements of fuel costs associated 5 with increased vehicle use by regional food banks and eligible non-pro- 6 fit organizations, subject to the availability of funds. 7 § 291-n. FarmNet program. There is hereby created within the NY food 8 insecurity, farm resiliency and rural poverty office, the FarmNet 9 program. Subject to the availability of funds, the sum of seven hundred 10 eighteen thousand dollars shall be annually available to fund such 11 program. 12 § 4. Hunger prevention and nutrition assistance program. There is 13 hereby created within the department of health, the hunger prevention 14 and nutrition assistance program. Subject to the availability of funds, 15 the sum of four million dollars shall be annually available to fund such 16 program. The commissioner of the department of health is hereby directed 17 to utilize such funding, allocated according to a formula which he or 18 she shall devise, to award one new hunger prevention and nutrition 19 assistance program contract each to the following non-profit organiza- 20 tions: City Harvest, Inc. and Island Harvest, Ltd. 21 § 5. Nutrition outreach education program. There is hereby created 22 within the office of temporary and disability assistance, the nutrition 23 outreach education program. Subject to the availability of funds, the 24 sum of two million dollars shall be annually available to fund such 25 program. Such program shall be established and funded to provide grants 26 to community-based organizations for nutrition outreach in areas where a 27 significant percentage or number of those potentially eligible for food 28 assistance programs are not participating in such programs. 29 § 6. Paragraph (a) of subdivision 52 of section 210-B of the tax law, 30 as added by section 4 of part DDD of chapter 59 of the laws of 2017, is 31 amended to read as follows: 32 (a) General. In the case of a taxpayer that is an eligible farmer, 33 there shall be allowed a credit, to be computed as hereinafter provided 34 against the tax imposed by this article for taxable years beginning on 35 and after January first, two thousand eighteen. The amount of the credit 36 shall be [twenty-five] fifty percent of the fair market value of the 37 taxpayer's qualified donations made to any eligible food pantry during 38 the taxable year, not to exceed five thousand dollars per taxable year. 39 If the taxpayer is a partner in a partnership, then the cap imposed by 40 the preceding sentence shall be applied at the entity level, so that the 41 aggregate credit allowed to all partners of such entity in the taxable 42 year does not exceed five thousand dollars. 43 § 7. Paragraph 1 of subsection (n-2) of section 606 of the tax law, as 44 added by section 1 of part DDD of chapter 59 of the laws of 2017, is 45 amended to read as follows: 46 (1) General. In the case of a taxpayer who is an eligible farmer, 47 there shall be allowed a credit, to be computed as hereinafter provided, 48 against the tax imposed by this article for taxable years beginning on 49 and after January first, two thousand eighteen. The amount of the credit 50 shall be [twenty-five] fifty percent of the fair market value of the 51 taxpayer's qualified donations made to any eligible food pantry during 52 the taxable year, not to exceed five thousand dollars per taxable year. 53 If the taxpayer is a partner in a partnership or a shareholder of a New 54 York S corporation, then the cap imposed by the preceding sentence shall 55 be applied at the entity level, so that the aggregate credit allowed toA. 5708 8 1 all partners or shareholders of such entity in the taxable year does not 2 exceed five thousand dollars. 3 § 8. Subparagraph 3 of paragraph (a) of section 5-3.1 of the estates, 4 powers and trusts law, as amended by chapter 437 of the laws of 2010, is 5 amended to read as follows: 6 (3) Domestic and farm animals with their necessary food for sixty 7 days, farm machinery, [one tractor] two tractors and one lawn tractor, 8 not exceeding in aggregate value [twenty] one hundred thousand dollars. 9 § 9. Subdivision 3 of section 701 of the labor law, as amended by 10 chapter 43 of the laws of 1989, paragraph (a) as amended by chapter 105 11 of the laws of 2019 and paragraph (c) as amended by section 2 of part II 12 of chapter 58 of the laws of 2020, is amended to read as follows: 13 3. (a) The term "employees" includes but is not restricted to any 14 individual employed by a labor organization; any individual whose 15 employment has ceased as a consequence of, or in connection with, any 16 current labor dispute or because of any unfair labor practice, and who 17 has not obtained any other regular and substantially equivalent employ- 18 ment; and shall not be limited to the employees of a particular employ- 19 er, unless the article explicitly states otherwise, but shall not 20 include any individual employed by his parent or spouse or in the domes- 21 tic service of and directly employed, controlled and paid by any person 22 in his home, any individual whose primary responsibility is the care of 23 a minor child or children and/or someone who lives in the home of a 24 person for the purpose of serving as a companion to a sick, convalescing 25 or elderly person or any individuals employed only for the duration of a 26 labor dispute, or any individuals employed as farm laborers or, any 27 individual who participates in and receives rehabilitative or therapeu- 28 tic services in a charitable non-profit rehabilitation facility or shel- 29 tered workshop or any individual employed in a charitable non-profit 30 rehabilitation facility or sheltered workshop who has received rehabili- 31 tative or therapeutic services and whose capacity to perform the work 32 for which he is engaged is substantially impaired by physical or mental 33 deficiency or injury. 34 (b) The term "employee" shall also include a professional musician or 35 a person otherwise engaged in the performing arts who performs services 36 as such. "Engaged in the performing arts" shall mean performing services 37 in connection with production of or performance in any artistic endeavor 38 which requires artistic or technical skill or expertise. 39 [(c) The term "employee" shall also include farm laborers. "Farm40laborers" shall mean any individual engaged or permitted by an employer41to work on a farm. Members of an agricultural employer's immediate fami-42ly who are related to the third degree of consanguinity or affinity43shall not be considered to be employed on a farm if they work on a farm44out of familial obligations and are not paid wages, or other compen-45sation based on their hours or days of work.] 46 § 10. The closing paragraph of subdivision 1 of section 161 of the 47 labor law is REPEALED. 48 § 11. Paragraphs b and d of subdivision 2 of section 161 of the labor 49 law, as amended by chapter 105 of the laws of 2019, are amended to read 50 as follows: 51 b. Employees in dairies, creameries, milk condenseries, milk powder 52 factories, milk sugar factories, milk shipping stations, butter and 53 cheese factories, ice cream manufacturing plants and milk bottling 54 plants, where not more than seven persons are employed;A. 5708 9 1 d. Employees whose duties include not more than three hours' work on 2 Sunday in setting sponges in bakeries, caring for live animals, main- 3 taining fires, or making necessary repairs to boilers or machinery. 4 § 12. Section 163-a of the labor law is REPEALED. 5 § 13. The opening paragraph of paragraph (a) of subdivision 6 of 6 section 511 of the labor law, as amended by chapter 105 of the laws of 7 2019, is amended to read as follows: 8 The term "employment" [includes] does not include agricultural labor 9 unless it is covered pursuant to section five hundred sixty-four of this 10 article. The term "agricultural labor" includes all service performed: 11 § 14. Section 564 of the labor law, as amended by section 8, subdivi- 12 sion 2 as added and subdivision 3 as renumbered by section 23 of chapter 13 105 of the laws of 2019, is amended to read as follows: 14 § 564. Agricultural labor [crew leaders]. 1. Coverage. (a) Notwith- 15 standing the provisions of section five hundred sixty of this article, 16 an employer of persons engaged in agricultural labor shall become liable 17 for contributions under this article if the employer: 18 (1) has paid cash remuneration of twenty thousand dollars or more in 19 any calendar quarter to persons employed in agricultural labor, and such 20 liability shall commence on the first day of such quarter, or 21 (2) has employed in agricultural labor ten or more persons on each of 22 twenty days during a calendar year or the preceding calendar year, each 23 day being in a different calendar week, and the liability shall in such 24 event commence on the first day of the calendar year, or 25 (3) is liable for the tax imposed under the federal unemployment tax 26 act as an employer of agricultural labor and the liability shall in such 27 event commence on the first day of the calendar quarter in such calendar 28 year when he or she first paid remuneration for agricultural labor in 29 this state. 30 (b) An employer who becomes liable for contributions under paragraph 31 (a) of this subdivision shall cease to be liable as of the first day of 32 a calendar quarter next following the filing of a written application 33 provided the commissioner finds that the employer: 34 (1) has not paid to persons employed in agricultural labor cash remun- 35 eration of twenty thousand dollars or more in any of the eight calendar 36 quarters preceding such day, and 37 (2) has not employed in agricultural labor ten or more persons on each 38 of twenty days during the current or the preceding calendar year, each 39 day being in a different week, and 40 (3) is not liable for the tax imposed under the federal unemployment 41 tax act as an employer of agricultural labor. 42 2. Crew leader. Whenever a person renders services as a member of a 43 crew which is paid and furnished by the crew leader to perform services 44 in agricultural labor for another employer, such other employer shall, 45 for the purpose of this article, be deemed to be the employer of such 46 person, unless: 47 [1.] (a) the crew leader holds a valid certificate of registration 48 under the federal farm labor contractor registration act of nineteen 49 hundred sixty-three or substantially all the members of the crew operate 50 or maintain tractors, mechanized harvesting or crop dusting machinery or 51 any other mechanized equipment which is provided by the crew leader, and 52 [2. Exclusion from coverage. For purposes of this section the term53"employment" shall not include services rendered by an individual who is54admitted to the United States to perform agricultural labor pursuant to558 USC 1188 if, at the time such services are rendered, they are excludedA. 5708 10 1from the definition of employment in section 3306(c) of the Federal2Unemployment Tax Act.33.] (b) the crew leader is not an employee of such other employer and 4 has not entered into a written agreement with such employer under which 5 he or she is designated as an employee. 6 § 15. Paragraph (m) of subdivision 5 of section 225 of the public 7 health law, as amended by chapter 105 of the laws of 2019, is amended to 8 read as follows: 9 (m) require that application be made for a permit to operate a farm or 10 food processing labor camp as defined in the sanitary code; authorize 11 appropriate officers or agencies to issue such a permit when the appli- 12 cant is in compliance with the established regulations; prescribe stand- 13 ards for living quarters at farm and food processing labor camps, 14 including provisions for sanitary conditions; light, air, and safety; 15 protection from fire hazards; maintenance; and such other matters as may 16 be appropriate for security of life or health, provided however, that 17 the provisions of the sanitary code established pursuant to the 18 provisions hereof shall apply to all farm and food processing labor 19 camps intended to house migrant workers and which are occupied by five 20 or more persons. In the preparation of such regulations, the public 21 health and health planning council may request and shall receive techni- 22 cal assistance from the board of standards and appeals of the state 23 department of labor and the state building code commission. Such regu- 24 lation shall be enforced in the same manner as are other provisions of 25 the sanitary code; 26 § 16. Groups 14-a and 14-b of subdivision 1 of section 3 of the work- 27 ers' compensation law, as amended by chapter 105 of the laws of 2019, 28 are amended to read as follows: 29 Group 14-a. On and after January first, nineteen hundred sixty-two, 30 any other employment in a trade, business, or occupation carried on by 31 the employer for pecuniary gain in which one or more employees other 32 than farm laborers are employed. 33 Group 14-b. Employment as a farm laborer as provided herein. A farmer 34 shall provide coverage under this chapter for all farm laborers employed 35 during any part of the twelve consecutive months beginning April first 36 of any calendar year preceded by a calendar year in which the cash 37 remuneration paid to all farm laborers aggregated twelve hundred dollars 38 or more. 39 § 17. Section 51 of the workers' compensation law, as amended by chap- 40 ter 105 of the laws of 2019, is amended to read as follows: 41 § 51. Posting of notice regarding compensation. Every employer who has 42 complied with section fifty of this article shall post and maintain in a 43 conspicuous place or places in and about his place or places of business 44 typewritten or printed in English and Spanish notices in form prescribed 45 by the chairman, stating the fact that he has complied with all the 46 rules and regulations of the chairman and the board and that he has 47 secured the payment of compensation to his employees and their depen- 48 dents in accordance with the provisions of this chapter, but failure to 49 post such notice as herein provided shall not in any way affect the 50 exclusiveness of the remedy provided for by section eleven of this chap- 51 ter. Every employer who owns or operates automotive or horse-drawn vehi- 52 cles and has no minimum staff of regular employees required to report 53 for work at an established place of business maintained by such employer 54 and every employer who is engaged in the business of moving household 55 goods or furniture shall post such notices in each and every vehicle 56 owned or operated by him. Failure to post or maintain such notice in anyA. 5708 11 1 of said vehicles shall constitute presumptive evidence that such employ- 2 er has failed to secure the payment of compensation. The chairman may 3 require any employer to furnish a written statement at any time showing 4 the stock corporation, mutual corporation or reciprocal insurer in which 5 such employer is insured or the manner in which such employer has 6 complied with any provision of this chapter. Failure for a period of ten 7 days to furnish such written statement shall constitute presumptive 8 evidence that such employer has neglected or failed in respect of any of 9 the matters so required. Any employer who fails to comply with the 10 provisions of this section shall be required to pay to the board a fine 11 of [five hundred] up to two hundred fifty dollars for each violation, in 12 addition to any other penalties imposed by law to be deposited into the 13 uninsured employers' fund. 14 § 18. Section 110-b of the workers' compensation law is REPEALED. 15 § 19. The opening paragraph of section 120 of the workers' compen- 16 sation law, as amended by chapter 105 of the laws of 2019, is amended to 17 read as follows: 18 It shall be unlawful for any employer or his or her duly authorized 19 agent to discharge or fail to reinstate pursuant to section two hundred 20 three-b of this chapter, or in any other manner discriminate against an 21 employee as to his or her employment because such employee has claimed 22 or attempted to claim compensation from such employer, [requested a23claim form for injuries received in the course of employment,] or 24 claimed or attempted to claim any benefits provided under this chapter 25 or because he or she has testified or is about to testify in a proceed- 26 ing under this chapter and no other valid reason is shown to exist for 27 such action by the employer. 28 § 20. The opening paragraph of paragraph A of subdivision 6 of section 29 201 of the workers' compensation law, as amended by chapter 105 of the 30 laws of 2019, is amended to read as follows: 31 "Employment" means employment in any trade, business or occupation 32 carried on by an employer, except that the following shall not be deemed 33 employment under this article: services performed for the state, a 34 municipal corporation, local governmental agency, other political subdi- 35 vision or public authority; employment subject to the federal railroad 36 unemployment insurance act; service performed on or as an officer or 37 member of the crew of a vessel on the navigable water of the United 38 States or outside the United States; services as farm laborers; casual 39 employment and the first forty-five days of extra employment of employ- 40 ees not regularly in employment as otherwise defined herein; service as 41 golf caddies; and service during all or any part of the school year or 42 regular vacation periods as a part-time worker of any person actually in 43 regular attendance during the day time as a student in an elementary or 44 secondary school. The term "employment" shall include domestic or 45 personal work in a private home. The term "employment" shall not include 46 the services of a licensed real estate broker or sales associate if it 47 be proven that (a) substantially all of the remuneration (whether or not 48 paid in cash) for the services performed by such broker or sales associ- 49 ate is directly related to sales or other output (including the perform- 50 ance of services) rather than to the number of hours worked; (b) the 51 services performed by the broker or sales associate are performed pursu- 52 ant to a written contract executed between such broker or sales associ- 53 ate and the person for whom the services are performed within the past 54 twelve to fifteen months; and (c) the written contract provided for in 55 subparagraph (b) of this paragraph was not executed under duress and 56 contains the following provisions:A. 5708 12 1 § 21. The opening paragraph of subdivision 5 of section 651 of the 2 labor law, as amended by chapter 105 of the laws of 2019, is amended to 3 read as follows: 4 "Employee" includes any individual employed or permitted to work by an 5 employer in any occupation, but shall not include any individual who is 6 employed or permitted to work: (a) on a casual basis in service as a 7 part time baby sitter in the home of the employer; (b) in labor on a 8 farm; (c) in a bona fide executive, administrative, or professional 9 capacity; [(c)] (d) as an outside salesman; [(d)] (e) as a driver 10 engaged in operating a taxicab; [(e)] (f) as a volunteer, learner or 11 apprentice by a corporation, unincorporated association, community 12 chest, fund or foundation organized and operated exclusively for reli- 13 gious, charitable or educational purposes, no part of the net earnings 14 of which inures to the benefit of any private shareholder or individual; 15 [(f)] (g) as a member of a religious order, or as a duly ordained, 16 commissioned or licensed minister, priest or rabbi, or as a sexton, or 17 as a christian science reader; [(g)] (h) in or for such a religious or 18 charitable institution, which work is incidental to or in return for 19 charitable aid conferred upon such individual and not under any express 20 contract of hire; [(h)] (i) in or for such a religious, educational or 21 charitable institution if such individual is a student; [(i)] (j) in or 22 for such a religious, educational or charitable institution if the earn- 23 ing capacity of such individual is impaired by age or by physical or 24 mental deficiency or injury; [(j)] (k) in or for a summer camp or 25 conference of such a religious, educational or charitable institution 26 for not more than three months annually; [(k)] (l) as a staff counselor 27 in a children's camp; [(l)] (m) in or for a college or university 28 fraternity, sorority, student association or faculty association, no 29 part of the net earnings of which inures to the benefit of any private 30 shareholder or individual, and which is recognized by such college or 31 university, if such individual is a student; [(m)] (n) by a federal, 32 state or municipal government or political subdivision thereof; [(n)] 33 (o) as a volunteer at a recreational or amusement event run by a busi- 34 ness that operates such events, provided that no single such event lasts 35 longer than eight consecutive days and no more than one such event 36 concerning substantially the same subject matter occurs in any calendar 37 year, where (1) any such volunteer shall be at least eighteen years of 38 age, (2) a business seeking coverage under this paragraph shall notify 39 every volunteer in writing, in language acceptable to the commissioner, 40 that by volunteering his or her services, such volunteer is waiving his 41 or her right to receive the minimum wage pursuant to this article, and 42 (3) such notice shall be signed and dated by a representative of the 43 business and the volunteer and kept on file by the business for thirty- 44 six months; or [(o)] (p) in the delivery of newspapers or shopping news 45 to the consumer by a person who is not performing commercial goods 46 transportation services for a commercial goods transportation contractor 47 within the meaning of article twenty-five-C of this chapter. The exclu- 48 sions from the term "employee" contained in this subdivision shall be as 49 defined by regulations of the commissioner. 50 § 22. Subdivision 1 of section 674 of the labor law, as amended by 51 chapter 105 of the laws of 2019, is amended to read as follows: 52 1. The commissioner may promulgate such regulations as he deems appro- 53 priate to carry out the purposes of this article and to safeguard mini- 54 mum wage standards. Such regulations may include, but are not limited 55 to, the defining of the circumstances or conditions for the acceptance 56 of non-hourly rates and piece rates as equivalent to the minimum hourlyA. 5708 13 1 rates established by this article. Such regulations also may include, 2 but are not limited to, waiting time and call-in pay rates; wage 3 provisions governing guaranteed earnings during specified periods of 4 work; allowances for meals, lodging, and other items, services and 5 facilities when furnished by the employer; and the employment of indi- 6 viduals whose earning capacity is affected or impaired by youth or age, 7 or by physical or mental deficiency or injury, under special certif- 8 icates issued by the commissioner, at such wages lower than the minimum 9 wage established by this article and for such period as shall be 10 prescribed in such regulations. 11 § 23. Subdivision 2 of section 701 of the labor law, as amended by 12 chapter 105 of the laws of 2019, is amended to read as follows: 13 2. [(a)] The term "employer" includes any person acting on behalf of 14 or in the interest of an employer, directly or indirectly, with or with- 15 out his knowledge, and shall include any person who is the purchaser of 16 services performed by a person described in paragraph (b) of subdivision 17 three of this section, but a labor organization or any officer or agent 18 thereof shall only be considered an employer with respect to individuals 19 employed by such organization. 20 [(b) The term "employer" includes agricultural employers. The term21"agricultural employer" shall mean any employer engaged in cultivating22the soil or in raising or harvesting any agricultural or horticultural23commodity including custom harvesting operators, and employers engaged24in the business of crops, livestock and livestock products as defined in25section three hundred one of the agriculture and markets law, or other26similar agricultural enterprises.] 27 § 24. The closing paragraph of section 703 of the labor law is 28 REPEALED. 29 § 25. Section 704-b of the labor law is REPEALED. 30 § 26. Subdivision 1-a of section 705 of the labor law is REPEALED. 31 § 27. Section 702-b of the labor law is REPEALED. 32 § 28. Section 674-a of the labor law is REPEALED. 33 § 29. The sum of thirty-five million seven hundred thousand dollars 34 ($35,700,000), or so much thereof as may be necessary, is hereby appro- 35 priated to the department of agriculture and markets from any moneys in 36 the state treasury in the general fund to the credit of the state 37 purposes account for the initial capital of the NY Food Insecurity, Farm 38 Resiliency and Rural Poverty Initiative in carrying out the provisions 39 of this act. Such sum shall be payable on the audit and warrant of the 40 state comptroller on vouchers certified or approved in the manner 41 provided by law. No expenditure shall be made from this appropriation 42 until a certificate of approval of availability shall have been issued 43 by the director of the budget and filed with the state comptroller and a 44 copy filed with the chairman of the senate finance committee and the 45 chairman of the assembly ways and means committee. Such certificate may 46 be amended from time to time by the director of the budget and a copy of 47 each such amendment shall be filed with the state comptroller, the 48 chairman of the senate finance committee and the chairman of the assem- 49 bly ways and means committee. 50 § 30. This act shall take effect immediately; provided, however, that 51 section three of this act shall take effect on the one hundred eightieth 52 day after it shall have become a law. Effective immediately, the addi- 53 tion, amendment and/or repeal of any rule or regulation necessary for 54 the implementation of this act on its effective date are authorized to 55 be made and completed on or before such effective date.
