NY State Assembly Bill 2013-A2236A

Assembly Bill A2236A

2013-2014 Legislative Session

Enacts the "New York farmer recruitment and retention act of 2014" and appropriates monies to implement certain provisions thereof; appropriation

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Archive: Last Bill Status - In Assembly Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2014	held for consideration in agriculture
Jan 08, 2014	referred to agriculture
Dec 11, 2013	print number 2236a
Dec 11, 2013	amend (t) and recommit to agriculture
Jan 09, 2013	referred to agriculture

Bill Amendments

Original

A (Active)

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2013-A2236 - Details

Current Committee:: Assembly Agriculture
Law Section:: Education Law
Laws Affected:: Amd §605, add §671-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5205
2011-2012: A4590
2015-2016: A2952
2017-2018: A777
2019-2020: A940
2021-2022: A5309

2013-A2236 - Summary

Enacts the "New York farmer recruitment and retention act of 2014"; directs the board of regents and the education department to investigate and study undergraduate agricultural programs with the goal of identifying programs which encourage entry into agricultural production; establishes agriculture producer scholarships for students who agree to be agriculture producers in the state for a certain period of time after graduation; establishes the producer's loan foregiveness program

2013-A2236 - Bill Text download pdf

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

                                  2236

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. CROUCH, KOLB, GIGLIO, HAWLEY, BARCLAY, FINCH,
  OAKS, RAIA, MONTESANO -- Multi-Sponsored  by  --  M.  of  A.  CERETTO,
  TENNEY -- read once and referred to the Committee on Agriculture

AN  ACT  to  enact the "New York farmer recruitment and retention act of
  2013"; to direct the board of  regents  and  education  department  to
  study agricultural education programs (Part A); to amend the education
  law,  in  relation  to  enacting the "agriculture producer scholarship
  act" and making appropriations therefor (Part B); to amend the  educa-
  tion  law, in relation to establishing the producer's loan forgiveness
  program (Part C); to direct the board of  regents  and  the  education
  department  to  implement  an outreach program to encourage elementary
  and secondary students to enter the agricultural field (Part  D);  and
  to  direct  the  commissioner  of agriculture and markets to report on
  reducing the taxation for landowners who use their land  for  agricul-
  tural production (Part E)

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York farmer recruitment and retention act of 2013".
  S  2.  This  act enacts into law major components of legislation which
are necessary to enact this chapter of the laws of 2013. Each  component
is  wholly  contained within a Part identified as Parts A through E. The
effective date for each particular provision contained within such  Part
is  set  forth  in  the  last section of such Part. Any provision in any
section contained within a Part, including the  effective  date  of  the
Part,  which  makes  reference  to a section "of this act", when used in
connection with that particular component, shall be deemed to  mean  and
refer  to  the  corresponding  section of the Part in which it is found.
Section four of this act sets forth the general effective date  of  this
act.

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

                                                           LBD06268-01-3

A. 2236                             2

                                 PART A

  Section  1.  Legislative  findings  and intent. The legislature hereby
recognizes the need to increase the number of producers to continue  the
long tradition of agricultural production in New York state. The average
age of a farm operator in the state is fifty-four years of age. In 2004,
less  than  1,000  students  were  awarded  degrees  in agriculture by a
college in this state and the majority of these degrees were not awarded
in a discipline leading to a career  as  a  producer.  The  agricultural
industry  has  a  substantial  impact on the overall economic health and
well-being of the state, and it is in the best interest of the state  to
ensure  that enough producers are recruited and retained in agricultural
production.
  S 2. The board of regents and the education department,  in  consulta-
tion with the department of agriculture and markets, shall:
  (a)  Investigate  current  education programs for agriculture in voca-
tional-technical schools, community colleges and universities, to  iden-
tify the scope of agricultural education programs in the state;
  (b)  Identify  non-traditional college education programs administered
in other states and other countries;
  (c) Develop a model for articulation and  career  mobility  to  enable
producers  in  every agricultural production field to progress to owner-
ship or management of land used in agricultural production,  as  defined
in subdivision 4 of section 301 of the agriculture and markets law; and
  (d)  Develop models for innovative agriculture education programs that
will encourage individuals to become producers,  utilizing  an  agricul-
tural  mentoring  program  from  degree  award  to retirement, including
continuing education opportunities.
  S 3. The board of regents and the education department  shall  present
their final findings and recommendations to the legislature on or before
January 1, 2014.
  S 4. This act shall take effect immediately.

                                 PART B

  Section  1.  Short  title. This act shall be known and may be cited as
the "agriculture producer scholarship act".
  S 2. Section 605 of the education law  is  amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  AGRICULTURE  PRODUCER  SCHOLARSHIPS. A. PURPOSE. THE COMMISSIONER
SHALL AWARD SCHOLARSHIPS FOR THE PURPOSE OF  INCREASING  THE  NUMBER  OF
PRODUCERS  IN THE STATE. SUCH SCHOLARSHIPS SHALL BE AWARDED ON A COMPET-
ITIVE BASIS, IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE  COMMISSION-
ER,  TO  STATE RESIDENTS WHO DEMONSTRATE ACADEMIC MERIT FOR ADMISSION TO
AN UNDERGRADUATE AGRICULTURE PROGRAM WHICH THE  COMMISSIONER  DETERMINES
WILL ENHANCE THE RECIPIENT'S PROFICIENCY AS AN AGRICULTURAL OPERATOR.
  B.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, APPLICANTS SHALL AGREE TO SERVE, UPON  COMPLETION  OF  THE  DEGREE
PROGRAM,  AS  A  PRODUCER  ON  A FULL-TIME BASIS WITHIN THE STATE.  SUCH
SERVICE SHALL BE COMPLETED IN ACCORDANCE WITH  CRITERIA  ESTABLISHED  BY
THE COMMISSIONER.
  C.  AGREEMENTS.  THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMIS-
SIONER, DEVELOP AND SECURE FROM  EACH  SUCCESSFUL  APPLICANT  A  WRITTEN
AGREEMENT  TO  SERVE  AS AN AGRICULTURAL OPERATOR IN THIS STATE.  WITHIN
SUCH TIME AS THE COMMISSIONER SHALL BY REGULATION PROVIDE,  A  RECIPIENT
OF  AN  AWARD  SHALL HAVE SERVED FOR THAT NUMBER OF MONTHS CALCULATED BY

A. 2236                             3

MULTIPLYING BY NINE THE NUMBER OF ANNUAL PAYMENTS RECEIVED BY THE RECIP-
IENT. IN NO CASE SHALL THE TOTAL NUMBER OF MONTHS OF SERVICE REQUIRED BE
LESS THAN TWENTY-FOUR. IF A RECIPIENT FAILS TO COMPLY  FULLY  WITH  SUCH
CONDITIONS, THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPI-
ENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:
                               A=2B (T-S)
                                     ----
                                       T
  IN  WHICH  "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B"
IS THE SUM OF ALL PAYMENTS MADE TO THE RECIPIENT AND   THE  INTEREST  ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY  WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS
THE TOTAL NUMBER OF  MONTHS  IN  THE  RECIPIENT'S  PERIOD  OF  OBLIGATED
SERVICES;  AND  "S" IS THE NUMBER OF MONTHS OF SERVICE ACTUALLY RENDERED
BY THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO  RECOVER
PURSUANT  TO  THIS  PARAGRAPH  SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD
BEGINNING ON THE DATE THAT THE RECIPIENT  FAILED  TO  COMPLY  WITH  THIS
SERVICE  CONDITION.  NOTHING  IN  THE WRITTEN AGREEMENT SHALL AFFECT THE
TERMS OF EMPLOYMENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE  AND
APART  FROM THE PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT
WITH AN AGENCY, INSTITUTION OR A PROGRAM, IN WHICH HE OR  SHE  SHALL  BE
EMPLOYED.  ANY  OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN
THIS SUBDIVISION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE
COMMISSIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPEN-
SION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  D. REPORT. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY  TO  THE  NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY
IT,  AS TO THE PERFORMANCE OF THE REQUIRED SERVICES, COMMENCING WITH THE
CALENDAR YEAR IN WHICH THE RECIPIENT BEGINS TO SERVE AS  AN  AGRICULTURE
PRODUCER  IN  THIS  STATE  AND CONTINUING UNTIL THE RECIPIENT SHALL HAVE
COMPLETED, OR IT IS DETERMINED THAT HE OR SHE SHALL NOT BE OBLIGATED  TO
COMPLETE, THE REQUIRED SERVICES. IF THE RECIPIENT SHALL FAIL TO FILE ANY
REPORT REQUIRED PURSUANT TO THIS PARAGRAPH WITHIN THIRTY DAYS OF WRITTEN
NOTICE  TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN ON THE LAST APPLI-
CATION FOR AN AWARD OR LAST REPORT FILED, WHICHEVER IS LATER, THE PRESI-
DENT MAY IMPOSE A FINE OF UP TO  ONE  THOUSAND  DOLLARS.  THE  PRESIDENT
SHALL  HAVE  THE  DISCRETION  TO  WAIVE THE FILING OF A REPORT, EXCUSE A
DELAY IN FILING OR A FAILURE TO FILE A REPORT, OR WAIVE  OR  REDUCE  ANY
FINE IMPOSED FOR GOOD CAUSE SHOWN.
  S  3.  The  education  law is amended by adding a new section 671-a to
read as follows:
  S 671-A. AGRICULTURE PRODUCER  SCHOLARSHIPS.  1.  NUMBER  AND  CERTIF-
ICATION.  TWENTY-FIVE AGRICULTURE PRODUCER SCHOLARSHIPS SHALL BE AWARDED
IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND  AN
ADDITIONAL TWENTY-FIVE SCHOLARSHIPS SHALL BE AWARDED IN THE TWO THOUSAND
FIFTEEN--TWO  THOUSAND SIXTEEN ACADEMIC YEAR. SUCH SCHOLARSHIPS SHALL BE
ALLOCATED AS PROVIDED IN SUBDIVISION THIRTEEN  OF  SECTION  SIX  HUNDRED
FIVE OF THIS TITLE TO ELIGIBLE STUDENTS AS CERTIFIED TO THE PRESIDENT BY
THE COMMISSIONER.
  2.  DURATION.  EACH SUCH SCHOLARSHIP SHALL ENTITLE THE RECIPIENT TO AN
ANNUAL AWARD FOR EACH YEAR WHILE ENROLLED IN AN APPROVED COURSE OF STUDY
LEADING TO AN UNDERGRADUATE DEGREE IN AGRICULTURE, BUT NOT EXCEEDING THE
NORMAL PERIOD OF STUDY REQUIRED TO COMPLETE  THE  REQUIREMENTS  FOR  THE
PROGRAM, AS SUCH APPROVED COURSES AND NORMAL PERIODS OF STUDY ARE DETER-
MINED BY THE COMMISSIONER.

A. 2236                             4

  3.  AMOUNT. THE PRESIDENT SHALL MAKE ANNUAL AWARDS OF FIFTEEN THOUSAND
DOLLARS, FOR UP TO FOUR ACADEMIC YEARS FOR ANY  RECIPIENT,  EXCEPT  THAT
SUCH  ANNUAL  AWARD SHALL NOT EXCEED THE RECIPIENT'S COST OF ATTENDANCE.
FOR THE PURPOSES OF THIS SUBDIVISION, "COST OF  ATTENDANCE"  SHALL  MEAN
THE  COST  OF:  TUITION AT AN APPROVED UNDERGRADUATE PROGRAM IN AGRICUL-
TURE; LABORATORY AND OTHER FEES; ROOM AND BOARD; SUPPLIES; HEALTH INSUR-
ANCE COVERAGE; BOOKS AND A STIPEND  FOR  DAILY  LIVING  EXPENSES  IN  AN
AMOUNT  TO  BE  DETERMINED  BY  THE  PRESIDENT  IN CONSULTATION WITH THE
COMMISSIONER.
  S 4. The sum of fifty thousand dollars ($50,000), or so  much  thereof
as  may be necessary, is hereby appropriated to the education department
out of any moneys in the state treasury in the general fund to the cred-
it of the state operations account, not otherwise appropriated, for  its
services   and   expenses  incurred  to  administer  and  implement  the
provisions of this act in the 2014--2015 state  fiscal  year.  Such  sum
shall  be  payable on vouchers certified or approved by the commissioner
of education upon audit and warrant of  the  state  comptroller  in  the
manner prescribed by law.
  S   5.   The   sum  of  one  million  five  hundred  thousand  dollars
($1,500,000), or so much thereof as may be necessary, is  hereby  appro-
priated  to  the higher education services corporation out of any moneys
in the state treasury in the general fund to the  credit  of  the  local
assistance  account,  not  otherwise  appropriated,  to  carry  out  the
purposes of this act, including costs of award of scholarships  and  for
its  services  and  expenses  incurred  to  administer and implement the
provisions of this act in the 2014--2015 state  fiscal  year.  Such  sum
shall  be  payable on vouchers certified or approved by the president of
the higher education services corporation upon audit and warrant of  the
state comptroller in the manner prescribed by law.
  S  6.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART C

  Section 1. Section 605 of the education law is amended by adding a new
subdivision 14 to read as follows:
  14. PRODUCER'S LOAN  FORGIVENESS  PROGRAM.  REGENTS  LOAN  FORGIVENESS
AWARDS  SHALL  BE AWARDED ANNUALLY TO FARM OPERATOR APPLICANTS WHO AGREE
TO OPERATE AN AGRICULTURAL OPERATION ON A FULL-TIME BASIS.  SUCH  AWARDS
SHALL  BE  GRANTED  ANNUALLY,  AND  SHALL BE CLASSIFIED AND ALLOCATED IN
ACCORDANCE WITH REGENTS RULES.
  A. (1) THE APPLICANT SHALL BE A RESIDENT OR PERMANENT  RESIDENT  ALIEN
OF  THIS  STATE  AND  A  GRADUATE  OF AN INSTITUTION OF HIGHER EDUCATION
APPROVED OR REGISTERED BY THE REGENTS.
  (2) THE APPLICANT SHALL AGREE TO ENGAGE IN SUCH EMPLOYMENT FOR A PERI-
OD OF TIME WHICH SHALL BE NOT LESS THAN FIVE YEARS.
  B. PRIORITY SHALL BE ACCORDED TO APPLICANTS IN THE FOLLOWING ORDER:
  (1) FIRST, TO ANY APPLICANT  WHO  IS  COMPLETING  THE  SECOND,  THIRD,
FOURTH  OR FIFTH YEAR OF THE SERVICE REQUIREMENT AND IS REAPPLYING FOR A
NEW AWARD;
  (2) SECOND, TO ANY APPLICANT  WHO  IS  ECONOMICALLY  DISADVANTAGED  AS
DEFINED BY THE REGENTS;
  IN THE EVENT THAT THERE ARE MORE APPLICANTS WHO HAVE THE SAME PRIORITY
THAN THERE ARE REMAINING SCHOLARSHIPS, THE COMMISSIONER SHALL DISTRIBUTE
THE REMAINING NUMBER OF SUCH SCHOLARSHIPS BY MEANS OF A LOTTERY OR OTHER
FORM OF RANDOM SELECTION.

A. 2236                             5

  C.  THE  COMMISSIONER  SHALL THEN FORWARD APPROVED APPLICATIONS TO THE
PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS.
  D. THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
  E. THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER, DEVELOP
AND  SECURE FROM EACH SUCCESSFUL APPLICANT A WRITTEN AGREEMENT TO ENGAGE
IN SUCH EMPLOYMENT, AS APPROPRIATE. WITHIN SUCH TIME AS THE COMMISSIONER
SHALL BY REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE  ENGAGED
IN  SUCH EMPLOYMENT AS APPROPRIATE, FOR THAT NUMBER OF MONTHS CALCULATED
BY MULTIPLYING BY TWELVE THE NUMBER OF ANNUAL PAYMENTS RECEIVED  BY  THE
RECIPIENT.  IN  NO  CASE  SHALL  THE  TOTAL  NUMBER OF MONTHS OF SERVICE
REQUIRED BE LESS THAN TWENTY-FOUR. IF A RECIPIENT FAILS TO COMPLY  FULLY
WITH  SUCH  CONDITIONS,  THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM
SUCH RECIPIENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:

                                A=B(T-S)
                                 --------
                                      T

  IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO  RECOVER;  "B"
IS  THE  SUM  OF  ALL PAYMENTS MADE TO THE RECIPIENT AND THE INTEREST ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T"  IS
THE  TOTAL  NUMBER  OF  MONTHS  IN  THE  RECIPIENT'S PERIOD OF OBLIGATED
SERVICES; AND "S" IS THE NUMBER OF MONTHS OF SERVICE  ACTUALLY  RENDERED
BY  THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER
UNDER THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING
ON THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM  THE
PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED.
  ANY  OBLIGATION  TO  COMPLY  WITH  SUCH PROVISIONS OF THIS SUBDIVISION
SHALL BE CANCELLED UPON THE DEATH OF  THE  RECIPIENT.  THE  COMMISSIONER
SHALL  MAKE  REGULATIONS  TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  F. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY IT, AS  TO
THE  PERFORMANCE  OF THE REQUIRED SERVICES, COMMENCING WITH THE CALENDAR
YEAR IN WHICH THE RECIPIENT BEGINS SUCH EMPLOYMENT AND CONTINUING  UNTIL
THE  RECIPIENT  SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR SHE
SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF THE RECIP-
IENT SHALL FAIL TO FILE ANY REPORT REQUIRED PURSUANT TO  THIS  PARAGRAPH
WITHIN  THIRTY  DAYS  OF  WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE
ADDRESS SHOWN ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED,
WHICHEVER IS LATER, THE PRESIDENT MAY IMPOSE A FINE OF UP TO  ONE  THOU-
SAND  DOLLARS.  THE  PRESIDENT  SHALL  HAVE  THE DISCRETION TO WAIVE THE
FILING OF A REPORT, EXCUSE A DELAY IN FILING OR  A  FAILURE  TO  FILE  A
REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided, however, that any rules or regu-
lations necessary for the timely  implementation  of  this  act  on  its
effective date shall be promulgated on or before such effective date.

                                 PART D

A. 2236                             6

  Section  1.  The  board  of  regents  and the education department, in
consultation with the  department  of  agriculture  and  markets,  shall
develop  and  implement  an outreach campaign encouraging elementary and
secondary education students to enter the agricultural field and  attend
one  of  New  York  state's college agriculture education programs. Such
outreach campaign shall  continue  until  December  31,  2018  or  until
enrollment  in  undergraduate agricultural programs increases by twenty-
five percent.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Report on agriculture taxation. The commissioner  of  agri-
culture and markets shall study and make recommendations to the governor
and the legislature within eighteen months of the effective date of this
section  on  reducing  the  taxation for landowners who use land for the
production of agricultural commodities within and  outside  agricultural
districts, pursuant to article 25-AA of the agriculture and markets law.
  S 2. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or  part  thereof  directly  involved  in  the controversy in which such
judgement shall have been rendered. It is  hereby  declared  to  be  the
intent  of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
  S 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2013-A2236A (ACTIVE) - Details

Current Committee:: Assembly Agriculture
Law Section:: Education Law
Laws Affected:: Amd §605, add §671-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5205
2011-2012: A4590
2015-2016: A2952
2017-2018: A777
2019-2020: A940
2021-2022: A5309

2013-A2236A (ACTIVE) - Summary

2013-A2236A (ACTIVE) - Bill Text download pdf

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

                                 2236--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. CROUCH, KOLB, GIGLIO, HAWLEY, BARCLAY, FINCH,
  OAKS, RAIA, MONTESANO -- Multi-Sponsored  by  --  M.  of  A.  CERETTO,
  TENNEY  --  read  once and referred to the Committee on Agriculture --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  enact the "New York farmer recruitment and retention act of
  2014"; to direct the board of  regents  and  education  department  to
  study agricultural education programs (Part A); to amend the education
  law,  in  relation  to  enacting the "agriculture producer scholarship
  act" and making appropriations therefor (Part B); to amend the  educa-
  tion  law, in relation to establishing the producer's loan forgiveness
  program (Part C); to direct the board of  regents  and  the  education
  department  to  implement  an outreach program to encourage elementary
  and secondary students to enter the agricultural field (Part  D);  and
  to  direct  the  commissioner  of agriculture and markets to report on
  reducing the taxation for landowners who use their land  for  agricul-
  tural production (Part E)

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York farmer recruitment and retention act of 2014".
  S  2.  This  act enacts into law major components of legislation which
are necessary to enact this chapter of the laws of 2014. Each  component
is  wholly  contained within a Part identified as Parts A through E. The
effective date for each particular provision contained within such  Part
is  set  forth  in  the  last section of such Part. Any provision in any
section contained within a Part, including the  effective  date  of  the
Part,  which  makes  reference  to a section "of this act", when used in
connection with that particular component, shall be deemed to  mean  and
refer  to  the  corresponding  section of the Part in which it is found.

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

                                                           LBD06268-02-3

A. 2236--A                          2

Section four of this act sets forth the general effective date  of  this
act.

                                 PART A

  Section  1.  Legislative  findings  and intent. The legislature hereby
recognizes the need to increase the number of producers to continue  the
long tradition of agricultural production in New York state. The average
age of a farm operator in the state is fifty-four years of age. In 2004,
less  than  1,000  students  were  awarded  degrees  in agriculture by a
college in this state and the majority of these degrees were not awarded
in a discipline leading to a career  as  a  producer.  The  agricultural
industry  has  a  substantial  impact on the overall economic health and
well-being of the state, and it is in the best interest of the state  to
ensure  that enough producers are recruited and retained in agricultural
production.
  S 2. The board of regents and the education department,  in  consulta-
tion with the department of agriculture and markets, shall:
  (a)  Investigate  current  education programs for agriculture in voca-
tional-technical schools, community colleges and universities, to  iden-
tify the scope of agricultural education programs in the state;
  (b)  Identify  non-traditional college education programs administered
in other states and other countries;
  (c) Develop a model for articulation and  career  mobility  to  enable
producers  in  every agricultural production field to progress to owner-
ship or management of land used in agricultural production,  as  defined
in subdivision 4 of section 301 of the agriculture and markets law; and
  (d)  Develop models for innovative agriculture education programs that
will encourage individuals to become producers,  utilizing  an  agricul-
tural  mentoring  program  from  degree  award  to retirement, including
continuing education opportunities.
  S 3. The board of regents and the education department  shall  present
their final findings and recommendations to the legislature on or before
January 1, 2015.
  S 4. This act shall take effect immediately.

                                 PART B

  Section  1.  Short  title. This act shall be known and may be cited as
the "agriculture producer scholarship act".
  S 2. Section 605 of the education law  is  amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  AGRICULTURE  PRODUCER  SCHOLARSHIPS. A. PURPOSE. THE COMMISSIONER
SHALL AWARD SCHOLARSHIPS FOR THE PURPOSE OF  INCREASING  THE  NUMBER  OF
PRODUCERS  IN THE STATE. SUCH SCHOLARSHIPS SHALL BE AWARDED ON A COMPET-
ITIVE BASIS, IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE  COMMISSION-
ER,  TO  STATE RESIDENTS WHO DEMONSTRATE ACADEMIC MERIT FOR ADMISSION TO
AN UNDERGRADUATE AGRICULTURE PROGRAM WHICH THE  COMMISSIONER  DETERMINES
WILL ENHANCE THE RECIPIENT'S PROFICIENCY AS AN AGRICULTURAL OPERATOR.
  B.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, APPLICANTS SHALL AGREE TO SERVE, UPON  COMPLETION  OF  THE  DEGREE
PROGRAM,  AS  A  PRODUCER  ON  A FULL-TIME BASIS WITHIN THE STATE.  SUCH
SERVICE SHALL BE COMPLETED IN ACCORDANCE WITH  CRITERIA  ESTABLISHED  BY
THE COMMISSIONER.
  C.  AGREEMENTS.  THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMIS-
SIONER, DEVELOP AND SECURE FROM  EACH  SUCCESSFUL  APPLICANT  A  WRITTEN

A. 2236--A                          3

AGREEMENT  TO  SERVE  AS AN AGRICULTURAL OPERATOR IN THIS STATE.  WITHIN
SUCH TIME AS THE COMMISSIONER SHALL BY REGULATION PROVIDE,  A  RECIPIENT
OF  AN  AWARD  SHALL HAVE SERVED FOR THAT NUMBER OF MONTHS CALCULATED BY
MULTIPLYING BY NINE THE NUMBER OF ANNUAL PAYMENTS RECEIVED BY THE RECIP-
IENT. IN NO CASE SHALL THE TOTAL NUMBER OF MONTHS OF SERVICE REQUIRED BE
LESS  THAN  TWENTY-FOUR.  IF A RECIPIENT FAILS TO COMPLY FULLY WITH SUCH
CONDITIONS, THE PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPI-
ENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:
                               A=2B (T-S)
                                     ----
                                       T
  IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO  RECOVER;  "B"
IS  THE  SUM  OF ALL PAYMENTS MADE TO THE RECIPIENT AND  THE INTEREST ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T"  IS
THE  TOTAL  NUMBER  OF  MONTHS  IN  THE  RECIPIENT'S PERIOD OF OBLIGATED
SERVICES; AND "S" IS THE NUMBER OF MONTHS OF SERVICE  ACTUALLY  RENDERED
BY  THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER
PURSUANT TO THIS PARAGRAPH SHALL BE PAID  WITHIN  THE  FIVE-YEAR  PERIOD
BEGINNING  ON  THE  DATE  THAT  THE RECIPIENT FAILED TO COMPLY WITH THIS
SERVICE CONDITION. NOTHING IN THE WRITTEN  AGREEMENT  SHALL  AFFECT  THE
TERMS  OF EMPLOYMENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND
APART FROM THE PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF  EMPLOYMENT
WITH  AN  AGENCY,  INSTITUTION OR A PROGRAM, IN WHICH HE OR SHE SHALL BE
EMPLOYED. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS  OUTLINED  IN
THIS SUBDIVISION SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE
COMMISSIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPEN-
SION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  D.  REPORT.  A  RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW
YORK STATE HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY
IT, AS TO THE PERFORMANCE OF THE REQUIRED SERVICES, COMMENCING WITH  THE
CALENDAR  YEAR  IN WHICH THE RECIPIENT BEGINS TO SERVE AS AN AGRICULTURE
PRODUCER IN THIS STATE AND CONTINUING UNTIL  THE  RECIPIENT  SHALL  HAVE
COMPLETED,  OR IT IS DETERMINED THAT HE OR SHE SHALL NOT BE OBLIGATED TO
COMPLETE, THE REQUIRED SERVICES. IF THE RECIPIENT SHALL FAIL TO FILE ANY
REPORT REQUIRED PURSUANT TO THIS PARAGRAPH WITHIN THIRTY DAYS OF WRITTEN
NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN ON THE LAST  APPLI-
CATION FOR AN AWARD OR LAST REPORT FILED, WHICHEVER IS LATER, THE PRESI-
DENT  MAY  IMPOSE  A  FINE  OF UP TO ONE THOUSAND DOLLARS. THE PRESIDENT
SHALL HAVE THE DISCRETION TO WAIVE THE FILING  OF  A  REPORT,  EXCUSE  A
DELAY  IN  FILING  OR A FAILURE TO FILE A REPORT, OR WAIVE OR REDUCE ANY
FINE IMPOSED FOR GOOD CAUSE SHOWN.
  S 3. The education law is amended by adding a  new  section  671-a  to
read as follows:
  S  671-A.  AGRICULTURE  PRODUCER  SCHOLARSHIPS.  1. NUMBER AND CERTIF-
ICATION. TWENTY-FIVE AGRICULTURE PRODUCER SCHOLARSHIPS SHALL BE  AWARDED
IN  THE  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR AND AN
ADDITIONAL TWENTY-FIVE SCHOLARSHIPS SHALL BE AWARDED IN THE TWO THOUSAND
SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR. SUCH  SCHOLARSHIPS  SHALL
BE  ALLOCATED AS PROVIDED IN SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED
FIVE OF THIS TITLE TO ELIGIBLE STUDENTS AS CERTIFIED TO THE PRESIDENT BY
THE COMMISSIONER.
  2. DURATION. EACH SUCH SCHOLARSHIP SHALL ENTITLE THE RECIPIENT  TO  AN
ANNUAL AWARD FOR EACH YEAR WHILE ENROLLED IN AN APPROVED COURSE OF STUDY
LEADING TO AN UNDERGRADUATE DEGREE IN AGRICULTURE, BUT NOT EXCEEDING THE
NORMAL  PERIOD  OF  STUDY  REQUIRED TO COMPLETE THE REQUIREMENTS FOR THE

A. 2236--A                          4

PROGRAM, AS SUCH APPROVED COURSES AND NORMAL PERIODS OF STUDY ARE DETER-
MINED BY THE COMMISSIONER.
  3.  AMOUNT. THE PRESIDENT SHALL MAKE ANNUAL AWARDS OF FIFTEEN THOUSAND
DOLLARS, FOR UP TO FOUR ACADEMIC YEARS FOR ANY  RECIPIENT,  EXCEPT  THAT
SUCH  ANNUAL  AWARD SHALL NOT EXCEED THE RECIPIENT'S COST OF ATTENDANCE.
FOR THE PURPOSES OF THIS SUBDIVISION, "COST OF  ATTENDANCE"  SHALL  MEAN
THE  COST  OF:  TUITION AT AN APPROVED UNDERGRADUATE PROGRAM IN AGRICUL-
TURE; LABORATORY AND OTHER FEES; ROOM AND BOARD; SUPPLIES; HEALTH INSUR-
ANCE COVERAGE; BOOKS AND A STIPEND  FOR  DAILY  LIVING  EXPENSES  IN  AN
AMOUNT  TO  BE  DETERMINED  BY  THE  PRESIDENT  IN CONSULTATION WITH THE
COMMISSIONER.
  S 4. The sum of fifty thousand dollars ($50,000), or so  much  thereof
as  may be necessary, is hereby appropriated to the education department
out of any moneys in the state treasury in the general fund to the cred-
it of the state operations account, not otherwise appropriated, for  its
services   and   expenses  incurred  to  administer  and  implement  the
provisions of this act in the 2015--2016 state  fiscal  year.  Such  sum
shall  be  payable on vouchers certified or approved by the commissioner
of education upon audit and warrant of  the  state  comptroller  in  the
manner prescribed by law.
  S   5.   The   sum  of  one  million  five  hundred  thousand  dollars
($1,500,000), or so much thereof as may be necessary, is  hereby  appro-
priated  to  the higher education services corporation out of any moneys
in the state treasury in the general fund to the  credit  of  the  local
assistance  account,  not  otherwise  appropriated,  to  carry  out  the
purposes of this act, including costs of award of scholarships  and  for
its  services  and  expenses  incurred  to  administer and implement the
provisions of this act in the 2015--2016 state  fiscal  year.  Such  sum
shall  be  payable on vouchers certified or approved by the president of
the higher education services corporation upon audit and warrant of  the
state comptroller in the manner prescribed by law.
  S  6.  This  act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART C

  Section 1. Section 605 of the education law is amended by adding a new
subdivision 14 to read as follows:
  14. PRODUCER'S LOAN  FORGIVENESS  PROGRAM.  REGENTS  LOAN  FORGIVENESS
AWARDS  SHALL  BE AWARDED ANNUALLY TO FARM OPERATOR APPLICANTS WHO AGREE
TO OPERATE AN AGRICULTURAL OPERATION ON A FULL-TIME BASIS.  SUCH  AWARDS
SHALL  BE  GRANTED  ANNUALLY,  AND  SHALL BE CLASSIFIED AND ALLOCATED IN
ACCORDANCE WITH REGENTS RULES.
  A. (1) THE APPLICANT SHALL BE A RESIDENT OR PERMANENT  RESIDENT  ALIEN
OF  THIS  STATE  AND  A  GRADUATE  OF AN INSTITUTION OF HIGHER EDUCATION
APPROVED OR REGISTERED BY THE REGENTS.
  (2) THE APPLICANT SHALL AGREE TO ENGAGE IN SUCH EMPLOYMENT FOR A PERI-
OD OF TIME WHICH SHALL BE NOT LESS THAN FIVE YEARS.
  B. PRIORITY SHALL BE ACCORDED TO APPLICANTS IN THE FOLLOWING ORDER:
  (1) FIRST, TO ANY APPLICANT  WHO  IS  COMPLETING  THE  SECOND,  THIRD,
FOURTH  OR FIFTH YEAR OF THE SERVICE REQUIREMENT AND IS REAPPLYING FOR A
NEW AWARD;
  (2) SECOND, TO ANY APPLICANT  WHO  IS  ECONOMICALLY  DISADVANTAGED  AS
DEFINED BY THE REGENTS;
  IN THE EVENT THAT THERE ARE MORE APPLICANTS WHO HAVE THE SAME PRIORITY
THAN THERE ARE REMAINING SCHOLARSHIPS, THE COMMISSIONER SHALL DISTRIBUTE

A. 2236--A                          5

THE REMAINING NUMBER OF SUCH SCHOLARSHIPS BY MEANS OF A LOTTERY OR OTHER
FORM OF RANDOM SELECTION.
  C.  THE  COMMISSIONER  SHALL THEN FORWARD APPROVED APPLICATIONS TO THE
PRESIDENT AND SHALL NOTIFY UNSUCCESSFUL APPLICANTS.
  D. THE PRESIDENT SHALL NOTIFY APPLICANTS OF THEIR AWARD ENTITLEMENT.
  E. THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMISSIONER, DEVELOP
AND SECURE FROM EACH SUCCESSFUL APPLICANT A WRITTEN AGREEMENT TO  ENGAGE
IN SUCH EMPLOYMENT, AS APPROPRIATE. WITHIN SUCH TIME AS THE COMMISSIONER
SHALL  BY REGULATION PROVIDE, A RECIPIENT OF AN AWARD SHALL HAVE ENGAGED
IN SUCH EMPLOYMENT AS APPROPRIATE, FOR THAT NUMBER OF MONTHS  CALCULATED
BY  MULTIPLYING  BY TWELVE THE NUMBER OF ANNUAL PAYMENTS RECEIVED BY THE
RECIPIENT. IN NO CASE SHALL  THE  TOTAL  NUMBER  OF  MONTHS  OF  SERVICE
REQUIRED  BE LESS THAN TWENTY-FOUR. IF A RECIPIENT FAILS TO COMPLY FULLY
WITH SUCH CONDITIONS, THE PRESIDENT SHALL BE ENTITLED  TO  RECEIVE  FROM
SUCH RECIPIENT AN AMOUNT TO BE DETERMINED BY THE FORMULA:

                                A=B(T-S)
                                 --------
                                      T

  IN  WHICH  "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B"
IS THE SUM OF ALL PAYMENTS MADE TO THE RECIPIENT  AND  THE  INTEREST  ON
SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID
THEY  WERE LOANS BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS
THE TOTAL NUMBER OF  MONTHS  IN  THE  RECIPIENT'S  PERIOD  OF  OBLIGATED
SERVICES;  AND  "S" IS THE NUMBER OF MONTHS OF SERVICE ACTUALLY RENDERED
BY THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS ENTITLED TO  RECOVER
UNDER THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR PERIOD BEGINNING
ON THE DATE THAT THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT  OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM THE
PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED.
  ANY OBLIGATION TO COMPLY WITH  SUCH  PROVISIONS  OF  THIS  SUBDIVISION
SHALL  BE  CANCELLED  UPON  THE DEATH OF THE RECIPIENT. THE COMMISSIONER
SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY
FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  F. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER  EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY IT, AS TO
THE PERFORMANCE OF THE REQUIRED SERVICES, COMMENCING WITH  THE  CALENDAR
YEAR  IN WHICH THE RECIPIENT BEGINS SUCH EMPLOYMENT AND CONTINUING UNTIL
THE RECIPIENT SHALL HAVE COMPLETED, OR IT IS DETERMINED THAT HE  OR  SHE
SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF THE RECIP-
IENT  SHALL  FAIL TO FILE ANY REPORT REQUIRED PURSUANT TO THIS PARAGRAPH
WITHIN THIRTY DAYS OF WRITTEN NOTICE TO THE  RECIPIENT,  MAILED  TO  THE
ADDRESS SHOWN ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED,
WHICHEVER  IS  LATER, THE PRESIDENT MAY IMPOSE A FINE OF UP TO ONE THOU-
SAND DOLLARS. THE PRESIDENT SHALL  HAVE  THE  DISCRETION  TO  WAIVE  THE
FILING  OF  A  REPORT,  EXCUSE  A DELAY IN FILING OR A FAILURE TO FILE A
REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that any rules  or  regu-
lations  necessary  for  the  timely  implementation  of this act on its
effective date shall be promulgated on or before such effective date.

                                 PART D

A. 2236--A                          6

  Section 1. The board of  regents  and  the  education  department,  in
consultation  with  the  department  of  agriculture  and markets, shall
develop and implement an outreach campaign  encouraging  elementary  and
secondary  education students to enter the agricultural field and attend
one  of  New  York  state's college agriculture education programs. Such
outreach campaign shall  continue  until  December  31,  2019  or  until
enrollment  in  undergraduate agricultural programs increases by twenty-
five percent.
  S 2. This act shall take effect immediately.

                                 PART E

  Section 1. Report on agriculture taxation. The commissioner  of  agri-
culture and markets shall study and make recommendations to the governor
and the legislature within eighteen months of the effective date of this
section  on  reducing  the  taxation for landowners who use land for the
production of agricultural commodities within and  outside  agricultural
districts, pursuant to article 25-AA of the agriculture and markets law.
  S 2. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or  part  thereof  directly  involved  in  the controversy in which such
judgement shall have been rendered. It is  hereby  declared  to  be  the
intent  of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
  S 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.

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Assembly Bill A2236A

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Sponsored By

CROUCH

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Brian Kolb

Joseph Giglio

Stephen Hawley

William A. Barclay

multi-Sponsors

John Ceretto

Claudia Tenney

2013-A2236 - Details

2013-A2236 - Summary

2013-A2236 - Bill Text download pdf

co-Sponsors

Brian Kolb

Joseph Giglio

Stephen Hawley

William A. Barclay

multi-Sponsors

John Ceretto

2013-A2236A (ACTIVE) - Details

2013-A2236A (ACTIVE) - Summary

2013-A2236A (ACTIVE) - Bill Text download pdf

Comments