Authorizes industrial development agencies to provide technical and financial assistance to agricultural producers for products grown, harvested or produced within the state.
Ayes (7): Martins, Ball, Little, McDonald, Ritchie, Stewart-Cousins, Klein
Excused (1): Oppenheimer
Ayes (57): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): Duane
Excused (3): Hannon, Huntley, Oppenheimer
TITLE OF BILL: An act to amend the general municipal law, in relation to authorizing industrial development agencies to provide assistance to agricultural producers
PURPOSE: This bill authorizes industrial development agencies (IDAs) to provide technical and financial assistance to agricultural producers that grow, harvest or produce agricultural products in this state.
SUMMARY OF PROVISIONS: Section 1: Amends the legislative intent section of General Municipal Law section 852 to authorize IDAs to actively promote, attract, encourage and develop agricultural industries that are based in New York State.
Sections 2: Amends General Municipal Law section 854(4) to include "agricultural" projects within the definition of projects that can be assisted by local IDAs.
Section 3: Amends General Municipal Law section 854 to add subdivision 21 to define "agriculture" and "agricultural" products for the purposes of including such terms within the definition of projects that can be assisted by IDAs.
Section 4: Effective Date
EXISTING LAW: Under current law, IDAs can issue loans and provide technical support to manufacturers, processors and warehousers of agricultural products, but not to those businesses that directly grow, harvest or collect such agricultural products.
JUSTIFICATION: Agriculture is one of the largest industries based in New York State both in terms of acreage devoted to this activity and employment opportunities provided. Particularly in Upstate New York, agricultural producers provide much needed employment and the real property tax base that supports municipal government finances. This bill expands the authorization of already existing IDAs, many of which are county IDAs located in rural areas, to help these agencies promote job growth in industries that these rural areas already have specialized in such as fruit cultivation, raising of beef and other animals, and other agricultural pursuits. Many rural areas of the state need additional tools in which to promote economic growth for their communities. This measure should give rural areas of the state another tool in which to increase job opportunities.
LEGISLATIVE HISTORY: S.853A of 2005/2006 S.238 of 2007/2008 S.705 of 2009/2010
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 4240--A 2011-2012 Regular Sessions IN SENATE March 24, 2011 ___________Introduced by Sens. LARKIN, CARLUCCI, DeFRANCISCO, MAZIARZ, O'MARA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general municipal law, in relation to authorizing industrial development agencies to provide assistance to agricultural producers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The first undesignated paragraph of section 852 of the general municipal law, as amended by chapter 747 of the laws of 2005, is amended to read as follows: It is hereby declared to be the policy of this state to promote the economic welfare, recreation opportunities and prosperity of its inhab- itants and to actively promote, attract, encourage and develop recre- ation, economically sound commerce
[and], industry AND AGRICULTURE, and economically sound projects identified and called for to implement a state heritage area management plan as provided in title G of the parks, recreation and historic preservation law through governmental action for the purpose of preventing unemployment and economic deterioration by the creation of industrial development agencies which are hereby declared to be governmental agencies and instrumentalities and to grant to such industrial development agencies the rights and powers provided in this article. S 2. Subdivision 4 of section 854 of the general municipal law, as amended by chapter 478 of the laws of 2011, is amended to read as follows: (4) "Project" - shall mean any land, any building or other improve- ment, and all real and personal properties located within the state ofEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10200-02-1 S. 4240--A 2
New York and within or outside or partially within and partially outside the municipality for whose benefit the agency was created, including, but not limited to, machinery, equipment and other facilities deemed necessary or desirable in connection therewith, or incidental thereto, whether or not now in existence or under construction, which shall be suitable for manufacturing, warehousing, research, commercial
[or], industrial OR AGRICULTURAL purposes or other economically sound purposes identified and called for to implement a state designated urban cultural park management plan as provided in title G of the parks, recreation and historic preservation law and which may include or mean an industrial pollution control facility, a recreation facility, educational or cultural facility, a horse racing facility, a railroad facility or an automobile racing facility, provided, however, no agency shall use its funds in respect of any project wholly or partially outside the munici- pality for whose benefit the agency was created without the prior consent thereto by the governing body or bodies of all the other munici- palities in which a part or parts of the project is, or is to be, located. S 3. Section 854 of the general municipal law is amended by adding a new subdivision 21 to read as follows: (21) "AGRICULTURE" OR "AGRICULTURAL" - SHALL MEAN AND INCLUDE THE PRODUCTION OF ANY AGRICULTURAL, HORTICULTURAL, FLORICULTURAL OR AQUACUL- TURAL PRODUCT OF THE SOIL OR WATER THAT HAS BEEN GROWN, HARVESTED OR PRODUCED WITHIN THE STATE, INCLUDING BUT NOT LIMITED TO FRUITS, VEGETA- BLES, EGGS, DAIRY PRODUCTS, MEAT AND MEAT PRODUCTS, POULTRY AND POULTRY PRODUCTS, FISH AND FISH PRODUCTS, GRAIN AND GRAIN PRODUCTS, HONEY, NUTS, PRESERVES, MAPLE SAP PRODUCTS, APPLE CIDER, AND FRUIT JUICE AND INCLUDES THE COMMERCIAL RAISING, SHEARING, FEEDING AND MANAGEMENT OF ANIMALS ON A FARM OR RANCH. S 4. This act shall take effect immediately.