Bill Text: NY S00274 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that the use or storage of manure may not be deemed a public nuisance under local laws restricting farming operations within an agricultural district.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO AGRICULTURE [S00274 Detail]

Download: New_York-2019-S00274-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           274
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in  relation  to  local
          laws restricting farming operations within an agricultural district
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 303 of the agriculture and markets
     2  law, as amended by chapter 35 of the laws of 2016, is amended to read as
     3  follows:
     4    1. Any owner or owners of land may submit a  proposal  to  the  county
     5  legislative  body  for  the  creation of an agricultural district within
     6  such county[, provided that such  owner  or  owners  own  at  least  two
     7  hundred  fifty  acres  of  the  land  proposed  to  be  included  in the
     8  district]. Such proposal shall be submitted in such manner and  form  as
     9  may  be  prescribed  by the commissioner, shall include a description of
    10  the proposed district, including a map delineating the exterior  bounda-
    11  ries  of  the district which shall conform to tax parcel boundaries, and
    12  the tax map identification numbers for  every  parcel  in  the  proposed
    13  district. The proposal shall include a review period of eight years.
    14    §  2. Paragraph a of subdivision 1 of section 305-a of the agriculture
    15  and markets law, as amended by chapter 357  of  the  laws  of  1997,  is
    16  amended to read as follows:
    17    a. Local governments, when exercising their powers to enact and admin-
    18  ister  comprehensive  plans  and  local laws, ordinances, rules or regu-
    19  lations, shall exercise these powers in such manner as may  realize  the
    20  policy  and  goals set forth in this article, and shall not unreasonably
    21  restrict or regulate farm operations within  agricultural  districts  in
    22  contravention  of  the  purposes  of this article unless it can be shown
    23  that the public health or safety is threatened.  For  purposes  of  this
    24  section,  the  collection,  use  or  storage  of  manure  shall  not  be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04762-01-9
        S. 274                              2
     1  restricted or regulated by local law,  ordinance  or  resolution  in  an
     2  agricultural district on the basis that such activities pose a threat to
     3  public health or safety as either a nuisance or a pollutant.
     4    § 3. This act shall take effect immediately.