Bill Text: NY S01056 | 2023-2024 | General Assembly | Amended

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Bill Title: Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2024-03-05 - referred to agriculture [S01056 Detail]

Download: New_York-2023-S01056-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1056--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the agriculture and markets law, in relation to land
          used in agricultural production

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 4 of section 301 of the agriculture and markets
     2  law is amended by adding two new paragraphs o and p to read as follows:
     3    o.  Land that is owned or rented as a farm operation for the preceding
     4  two years for the production for sale of crops, livestock  or  livestock
     5  products,  that  consists of (1) not less than seven acres and an annual
     6  gross sales value of five thousand dollars or more;  or  (2)  less  than
     7  seven  acres  and  an  annual  gross sales value of thirty-five thousand
     8  dollars or more. Such farm operation shall also  be  able  to  establish
     9  that  the  farm  operation  will meet the gross sales value requirements
    10  described in paragraph f of  this  subdivision  within  three  years  of
    11  attaining  an  agricultural assessment. The commissioner or the advisory
    12  board established pursuant to section three hundred nine-a of this arti-
    13  cle shall create a set of metrics and considerations used  by  assessors
    14  to determine whether the farm operation will meet such gross sales value
    15  requirement  within  three  years.  Assessors shall use such metrics and
    16  considerations and shall give special consideration to  farm  operations
    17  that  were awarded any state or federal grants, in particular grants for
    18  beginning farmers and grants for economically and socially disadvantaged
    19  farmers. The commissioner or the advisory board established pursuant  to
    20  section  three  hundred  nine-a  of  this article shall monitor the farm
    21  operation's progress, as well as connect to resources to ensure the farm
    22  operation meets the gross sales value requirement within the time allot-
    23  ted. Land that receives an agricultural assessment and is unable to meet

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04380-04-3
        S. 1056--A                          2

     1  the required gross sales value within three years as described  in  this
     2  paragraph  shall  no  longer be considered land   used   in agricultural
     3  production pursuant to this subdivision.
     4    p.  Land  of  not  less  than seven acres that is owned or rented by a
     5  newly established farm operation for the production for sale  of  crops,
     6  livestock  or livestock products in its first or second year of agricul-
     7  tural production, which does not independently satisfy the  gross  sales
     8  value  requirement,  but is able to establish that the farming operation
     9  will meet the gross sales value requirements described in paragraph f of
    10  this subdivision within five years of attaining an agricultural  assess-
    11  ment.  The  commissioner  or  the advisory board established pursuant to
    12  section three hundred nine-a of this  article  shall  create  a  set  of
    13  metrics  and  considerations  used by assessors to determine whether the
    14  farm operation will meet such gross sales value requirement within  five
    15  years.  Assessors  shall  use  such metrics and considerations and shall
    16  give special consideration to farm  operations  that  were  awarded  any
    17  state  or federal grants, in particular grants for beginning farmers and
    18  grants for economically and socially disadvantaged farmers. The  commis-
    19  sioner  or  the  advisory  board  established  pursuant to section three
    20  hundred nine-a of  this  article  shall  monitor  the  farm  operation's
    21  progress  as  well  as connect to resources to ensure the farm operation
    22  meets the gross sales value requirement within the time  allotted.  Land
    23  that  receives  an  agricultural  assessment  and  is unable to meet the
    24  required gross sales value in five years as described in this  paragraph
    25  shall  no  longer  be  considered  land  used in agricultural production
    26  pursuant to this subdivision.
    27    § 2. This act shall take effect one year after it shall have become  a
    28  law and shall apply to assessment rolls prepared on the basis of a taxa-
    29  ble  status date occurring on or after such date. Effective immediately,
    30  the addition, amendment and/or repeal of any rule or  regulation  neces-
    31  sary  for  the  implementation  of  this  act  on its effective date are
    32  authorized to be made and completed on or before such effective date.