Permits certain not-for-profit conservation organizations to apply for agricultural protection state assistance payments.
Ayes (33): Kruger, Krueger, Stachowski, Oppenheimer, Montgomery, Duane, Parker, Stavisky, Dilan, Stewart-Cousins, Thompson, Breslin, Diaz, Espada, Klein, Perkins, Valesky, Peralta, DeFrancisco, Johnson O, Volker, Padavan, LaValle, Seward, Saland, Farley, Hannon, Larkin, Nozzolio, Leibell, Maziarz, Marcellino, Robach
BILL NUMBER: S4476
TITLE OF BILL : An act to amend the agriculture and markets law, in relation to the farmland protection program
PURPOSE OR GENERAL IDEA OF BILL : To enable not-for-profit conservation organizations to work more directly with municipalities in terms of applying directly to the farmland protection program.
JUSTIFICATION : More and more, not-for-profit conservation organizations are working with towns and counties in assisting them with protecting our vital farmland. As part of that, this legislation would allow not-for-profits to apply for funding from the farmland protection program provided that the municipal and the county agricultural and farmland protection board have both endorsed the project. By doing this we will greatly be helping local governments to develop and complete funded projects that protect our farmlands. This legislation would in fact reduce the time required to complete farmland protection projects.
PRIOR LEGISLATIVE HISTORY : New Bill.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4476 2009-2010 Regular Sessions IN SENATE April 23, 2009 ___________Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the farmland protection program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 325 of the agriculture and markets law, as amended by chapter 413 of the laws of 1996, paragraphs (a) and (b) as amended by chapter 527 of the laws of 2005, is amended to read as follows: 2. (a) A county agricultural and farmland protection board, two such boards acting jointly, a municipality or two such municipalities acting jointly shall make application to the commissioner in such manner as the commissioner may prescribe. Application for state assistance payments for planning activities may be made at any time after the county agri- cultural and farmland protection board has formed and has elected a chairperson. A county agricultural and farmland protection board may make application for state assistance payments for plan implementation at any time after the commissioner has approved a county agricultural and farmland protection plan pursuant to section three hundred twenty- four of this article. Application made jointly by two county agricul- tural and farmland protection boards may be made after such agricultural and farmland protection plan is approved by each county pursuant to the provisions of section three hundred twenty-four of this article. STATE ASSISTANCE PAYMENTS TO SUCH COUNTIES SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF IMPLEMENTING THE COUNTY AGRICULTURAL AND FARMLAND PROTECTION PLAN OR PORTION OF THE PLAN FOR WHICH STATE ASSISTANCE HAS BEEN REQUESTED. THE COMMISSIONER MAY REQUIRE SUCH INFORMATION OR ADDI- TIONAL PLANNING AS HE OR SHE DEEMS NECESSARY TO EVALUATE SUCH A REQUEST FOR STATE ASSISTANCE.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10189-02-9 S. 4476 2
(b) Within a county, a municipality which has in place a local farm- land protection plan may apply and shall be eligible for agricultural protection state assistance payments to implement its plan, or a portion of its plan, provided the proposed project is endorsed for funding by the agricultural and farmland protection board for the county in which the municipality is located and that any plan developed on or after January first, two thousand six complies with section three hundred twenty-four-a of this article. State assistance payments to such munici- palities shall not exceed seventy-five percent of the cost of implement- ing the local plan or portion of the plan for which state assistance has been requested. The commissioner may require such information or addi- tional planning as he or she deems necessary to evaluate such a request for state assistance. (c) A NOT-FOR-PROFIT CONSERVATION ORGANIZATION MAY APPLY AND SHALL BE ELIGIBLE FOR AGRICULTURAL PROTECTION STATE ASSISTANCE PAYMENTS TO IMPLE- MENT A COUNTY OR MUNICIPAL AGRICULTURAL AND FARMLAND PROTECTION PLAN APPROVED BY THE COMMISSIONER PROVIDED THAT THE PROPOSED PROJECT IS ENDORSED FOR FUNDING BY THE COUNTY AGRICULTURAL AND FARMLAND PROTECTION BOARD FOR THE COUNTY IN WHICH THE PROPOSED PROJECT IS LOCATED. THE PROPOSED PROJECT MUST ALSO BE ENDORSED FOR FUNDING BY THE MUNICIPALITY IN WHICH THE PROPOSED PROJECT IS LOCATED IF THE NOT-FOR-PROFIT CONSERVA- TION ORGANIZATION IS SEEKING AGRICULTURAL PROTECTION STATE ASSISTANCE PAYMENTS TO IMPLEMENT AN APPROVED MUNICIPAL AGRICULTURAL AND FARMLAND PROTECTION PLAN. STATE ASSISTANCE PAYMENTS TO SUCH NOT-FOR-PROFIT ORGAN- IZATIONS SHALL NOT EXCEED SEVENTY-FIVE PERCENT OF THE COST OF IMPLEMENT- ING THE LOCAL PLAN OR PORTION OF THE PLAN FOR WHICH STATE ASSISTANCE HAS BEEN REQUESTED. THE COMMISSIONER MAY REQUIRE SUCH INFORMATION OR ADDI- TIONAL PLANNING AS HE OR SHE DEEMS NECESSARY TO EVALUATE SUCH A REQUEST FOR STATE ASSISTANCE. (D) In evaluating applications for funding, the commissioner shall give priority to projects intended to preserve viable agricultural land as defined in section three hundred one of this chapter; that are in areas facing significant development pressure; and that serve as a buff- er for a significant natural public resource containing important ecosystem or habitat characteristics. S 2. This act shall take effect immediately.