Assembly Bill A20

Signed By Governor
2011-2012 Legislative Session

Authorizes commissioner of agriculture and markets to render an opinion to government officials on land use regulations pertaining to agricultural practices

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A20 (ACTIVE) - Details

See Senate Version of this Bill:
S3626
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§305-a & 308, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Session:
A601

2011-A20 (ACTIVE) - Summary

Provides, upon the request of a municipality, farm owner or operator, the commissioner of agriculture and markets shall render an opinion to local government officials as to whether farm operations would be unreasonably restricted or regulated by proposed changes in local land use regulations, ordinances, or local laws pertaining to agricultural practices; further requires the commissioner to disclose information received from Cornell and the USDA to the municipality in which the agricultural practice is being evaluated is located.

2011-A20 (ACTIVE) - Bill Text download pdf 

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

                                   20

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. CAHILL, MAGEE, SCHROEDER, MOLINARO, BOYLAND --
  Multi-Sponsored by -- M. of A.  GIGLIO,  P. LOPEZ,  McENENY,  RABBITT,
  TOWNS -- read once and referred to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to author-
  izing requests to the  commissioner  of  agriculture  and  markets  to
  render  an  opinion  to  government  officials on local land use regu-
  lations, ordinances or local laws pertaining to agricultural practices

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

  Section  1. Paragraph b of subdivision 1 of section 305-a of the agri-
culture and markets law is relettered paragraph c and a new paragraph  b
is added to read as follows:
  B.  UPON  THE REQUEST OF ANY MUNICIPALITY, FARM OWNER OR OPERATOR, THE
COMMISSIONER SHALL RENDER AN OPINION TO THE APPROPRIATE LOCAL GOVERNMENT
OFFICIALS,  AS  TO  WHETHER  FARM  OPERATIONS  WOULD   BE   UNREASONABLY
RESTRICTED  OR  REGULATED  BY  PROPOSED  CHANGES IN LOCAL LAND USE REGU-
LATIONS, ORDINANCES OR LOCAL LAWS PERTAINING TO  AGRICULTURAL  PRACTICES
AND  TO THE APPROPRIATE LOCAL LAND USE ENFORCEMENT OFFICIALS ADMINISTER-
ING LOCAL LAND USE REGULATIONS, ORDINANCES, OR LOCAL LAWS OR REVIEWING A
PERMIT PERTAINING TO AGRICULTURAL PRACTICES.
  S 2. Paragraph b of subdivision 1 of section 308  of  the  agriculture
and  markets  law,  as  amended  by  chapter 120 of the laws of 2010, is
amended to read as follows:
  b. Sound agricultural practices refer to those practices necessary for
the  on-farm  production,  preparation  and  marketing  of  agricultural
commodities.  Examples  of activities which entail practices the commis-
sioner may consider include, but are not limited to, operation  of  farm
equipment;   proper   use  of  agricultural  chemicals  and  other  crop
protection methods; direct sale to consumers of agricultural commodities
or foods containing agricultural commodities produced on-farm;  agricul-

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

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