S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1030

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. GUNTHER, JAFFEE, ABINANTI, SKOUFIS, SKARTADOS --
  Multi-Sponsored by -- M. of A. LOPEZ, McDONOUGH, RIVERA --  read  once
  and referred to the Committee on Agriculture

AN  ACT  to  amend the agriculture and markets law and the real property
  law, in relation to agricultural disclosure requirements for  agricul-
  tural districts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 308 of the agriculture and markets
law, as added by chapter 248 of the laws of 2006, is amended to read  as
follows:
  5.  The  commissioner  shall develop and make available to prospective
grantors and purchasers of ANY PARCEL OF real property located partially
or wholly within any agricultural district, OR PARTIALLY OR WHOLLY WITH-
IN FIVE HUNDRED FEET OF THE BOUNDARY OF  AN  AGRICULTURAL  DISTRICT,  in
this  state  and to the general public, practical information related to
the right to farm as set forth in this article including, but not limit-
ed to right to farm  disclosure  requirements  established  pursuant  to
section  three  hundred  ten  of  this article and section three hundred
thirty-three-c of the real property law.  THE COMMISSIONER SHALL  ASSIST
COUNTY  GOVERNMENTS  TO  MAKE  AVAILABLE  AND ACCESSIBLE, TO THE MAXIMUM
EXTENT PRACTICABLE, INFORMATION INCLUDING BUT NOT  LIMITED  TO  MAPS  OF
SUCH  AGRICULTURAL DISTRICTS IN A MANNER THAT CAN BE USED TO ASSIST SUCH
GRANTORS AND PURCHASERS TO READILY IDENTIFY PROPERTIES THAT ARE  SUBJECT
TO RIGHT TO FARM DISCLOSURE REQUIREMENTS ESTABLISHED PURSUANT TO SECTION
THREE   HUNDRED   TEN   OF   THIS  ARTICLE  AND  SECTION  THREE  HUNDRED
THIRTY-THREE-C OF THE REAL PROPERTY LAW, PROVIDED, HOWEVER, THE  COMMIS-
SIONER SHALL NOT BE RESPONSIBLE FOR VERIFYING INDIVIDUAL PARCELS.
  S  2. Subdivision 1 of section 310 of the agriculture and markets law,
as amended by chapter 248 of the laws of 2006, is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01002-01-5
              

A. 1030                             2

  1.  When  any  purchase  and  sale contract is presented for the sale,
purchase, or exchange of A PARCEL OF real property located partially  or
wholly  within  an  agricultural district, OR PARTIALLY OR WHOLLY WITHIN
FIVE HUNDRED FEET OF THE BOUNDARY OF AN  AGRICULTURAL  DISTRICT,  estab-
lished pursuant to the provisions of this article, the prospective gran-
tor  shall  present to the prospective grantee a disclosure notice which
states the following:
  "It is the policy of  this  state  and  this  community  to  conserve,
protect  and  encourage  the development and improvement of agricultural
land for the production of food, and other products, and  also  for  its
natural  and  ecological  value.  This  disclosure  notice  is to inform
prospective residents that the property they are about to  acquire  lies
partially  or  wholly  within  an agricultural district, OR PARTIALLY OR
WHOLLY WITHIN FIVE HUNDRED FEET  OF  THE  BOUNDARY  OF  AN  AGRICULTURAL
DISTRICT,  and  that  farming activities occur within the district. Such
farming activities may include, but not be limited to,  activities  that
cause  noise,  dust  and  odors. Prospective residents are also informed
that the location of property within an agricultural district OR  WITHIN
FIVE HUNDRED FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT may impact
the  ability  to  access  water  and/or sewer services for such property
under certain  circumstances.    Prospective  purchasers  are  urged  to
contact  the  New  York  State  Department of Agriculture and Markets to
obtain additional information or clarification  regarding  their  rights
and obligations under article 25-AA of the Agriculture and Markets Law."
IN  DETERMINING  IF THE PARCEL OF REAL PROPERTY IN THE SALES CONTRACT IS
SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, SUCH  GRANTOR  OR  SELLER
SHALL ONLY BE REQUIRED TO USE INFORMATION THAT IS READILY AVAILABLE FROM
COUNTY GOVERNMENTS, INCLUDING BUT NOT LIMITED TO MAPS OF PARCELS OF REAL
PROPERTY  THAT  ARE PARTIALLY OR WHOLLY WITHIN AN AGRICULTURAL DISTRICT,
OR PARTIALLY OR WHOLLY WITHIN FIVE HUNDRED FEET OF THE  BOUNDARY  OF  AN
AGRICULTURAL DISTRICT.
  S  3. Subparagraph 5 of paragraph ii of subdivision 1-e of section 333
of the real property law, as amended by section 1 of part B  of  chapter
57 of the laws of 2004, is amended to read as follows:
  (5)  a  statement indicating whether the parcel is located in an agri-
cultural district OR WITHIN FIVE HUNDRED FEET  OF  THE  BOUNDARY  OF  AN
AGRICULTURAL  DISTRICT  and, if so, whether a disclosure notice has been
provided pursuant to section three hundred thirty-three-c of this  arti-
cle and section three hundred ten of the agriculture and markets law;
  S 4. Section 333-c of the real property law, as amended by chapter 411
of the laws of 1998, subdivision 1 as amended by chapter 248 of the laws
of 2006, is amended to read as follows:
  S  333-c.  Lands  in  agricultural  districts; disclosure. 1. When any
purchase and sales contract is presented  for  the  sale,  purchase,  or
exchange of A PARCEL OF real property located partially or wholly within
an  agricultural  district,  OR  PARTIALLY OR WHOLLY WITHIN FIVE HUNDRED
FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT,  established  pursuant
to  the  provisions  of  article  twenty-five-AA  of the agriculture and
markets law, the prospective grantor shall present  to  the  prospective
grantee a disclosure notice which states the following:
  "It  is  the  policy  of  this  state  and this community to conserve,
protect and encourage the development and  improvement  of  agricultural
land  for  the  production of food, and other products, and also for its
natural and ecological  value.  This  disclosure  notice  is  to  inform
prospective  residents  that the property they are about to acquire lies
partially or wholly within an  agricultural  district,  OR  WITHIN  FIVE

A. 1030                             3

HUNDRED FEET OF THE BOUNDARY OF AN AGRICULTURAL DISTRICT, and that farm-
ing  activities  occur  within the district. Such farming activities may
include, but not be limited to, activities that cause  noise,  dust  and
odors.  Prospective  residents  are  also  informed that the location of
property within an agricultural  district  may  impact  the  ability  to
access  water  and/or  sewer  services  for  such property under certain
circumstances.  Prospective purchasers are urged to contact the New York
State Department of Agriculture and Markets to obtain additional  infor-
mation  or  clarification  regarding  their rights and obligations under
article 25-AA of the Agriculture and Markets Law."
  2. IN DETERMINING IF THE PARCEL OF REAL PROPERTY IN THE SALES CONTRACT
IS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION, SUCH GRANTOR OR SELLER
SHALL ONLY BE REQUIRED TO USE INFORMATION THAT IS READILY AVAILABLE FROM
COUNTY GOVERNMENTS, INCLUDING BUT NOT LIMITED TO MAPS OF PARCELS OF REAL
PROPERTY THAT ARE PARTIALLY OR WHOLLY WITHIN AN  AGRICULTURAL  DISTRICT,
OR  PARTIALLY  OR  WHOLLY WITHIN FIVE HUNDRED FEET OF THE BOUNDARY OF AN
AGRICULTURAL DISTRICT.
  3. Such disclosure notice shall be signed by the  prospective  grantor
and grantee prior to the sale, purchase or exchange of such real proper-
ty.
  [3.] 4. Failure of the seller to provide such information to the buyer
shall not prevent the recording officer from filing such deed.
  S 5. This act shall take effect immediately.