NY State Senate Bill 2015-S4851A

Archive: Last Bill Status Via A8082 - 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2016	signed chap.35
May 13, 2016	delivered to governor
Apr 11, 2016	returned to assembly passed senate 3rd reading cal.176 substituted for s4851a
Apr 11, 2016	substituted by a8082
Feb 25, 2016	advanced to third reading
Feb 24, 2016	2nd report cal.
Feb 09, 2016	1st report cal.176
Jan 06, 2016	referred to agriculture
Jun 25, 2015	committed to rules
Jun 08, 2015	advanced to third reading amended 4851a
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1181
Apr 22, 2015	referred to agriculture

Votes

- Apr 11, 2016 - Floor Vote
  A8082
  
  59
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 11, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Espaillat
      
      excused (2)
      
      Marchione
      
      Nozzolio
  Feb 9, 2016 - Agriculture Committee Vote
  S4851A
  
  12
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Feb 9, 2016
      
      aye (12)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky
      
      Young
      
      absent (1)
      
      Hamilton
  Jun 2, 2015 - Agriculture Committee Vote
  S4851A
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: Jun 2, 2015
      
      aye (13)
      
      Comrie
      
      Funke
      
      Gallivan
      
      Hamilton
      
      Montgomery
      
      O'Mara
      
      Panepinto
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky
      
      Young

Bill Amendments

Original

A (Active)

2015-S4851 - Details

See Assembly Version of this Bill:: A8082
Law Section:: Agriculture and Markets Law
Laws Affected:: Rpld §304, §305 sub 1 ¶ e, sub 4 ¶ b, §305-a subs 2, 3 & 4, amd Ag & Mkts L, generally; amd §483, RPT L

2015-S4851 - Summary

Relates to agricultural districts law improvements.

2015-S4851 - Sponsor Memo

                                BILL NUMBER:S4851

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to agricultural districts law improvements; and the real
property tax law, in relation to tax exemptions for certain structures
on agricultural and horticultural lands; and to repeal certain
provisions of the agriculture and markets law relating to agricultural
districts

Purpose of the Bill:

The purpose of this bill is to streamline the process for the
creation, review and consolidation of agricultural districts and
provide a property tax exemption for certain impermanent structures
and buildings used exclusively in the raising and production for sale
of agricultural or horticultural commodities.

Summary of Provisions:

Section 1 amends Agriculture and Markets Law (AML) § 301(3) to remove
from the definition of "farm woodland" the requirement that woodland
products grown on the land be produced for sale.

Section 2 amends AML § 301(11) to make conforming amendments to
reflect amendments made by Section 4 of the bill.

Section 3 amends AML § 301(12) to make conforming amendments to
reflect amendments made by Section 16 of the bill.

Section 4 renumbers AML § 301(16) as added by Chapter 536 of the Laws
of 2008 as AML § 301(17) because there are two subdivisions 16, and
renumbers AML § 301(17) as AML § 301(18).

Section 5 amends AML § 303 to streamline the requirements for creation
of an agricultural district.

Section 6 amends AML § 303-a to streamline the requirements for review
of an agricultural district.

Section 7 adds a new AML § 303-c to establish the process for the
consolidation of an existing agricultural district or districts into a
district undergoing review under AML § 303-a.

Section 8 repeals AML § 304, eliminating the provisions for the
creation of agricultural districts for unique and irreplaceable lands.

Section 9 amends AML § 304-b(1) to make a technical amendment to
remove a reference to "planning" to more accurately reflect the
Department of Agriculture and Markets (DAM) Agricultural and Farmland
Protection Programs which go beyond planning grants.

Section 10 amends AML §§ 305(1)(d)(ii) and (iv) to increase the
penalty which a local assessing unit may impose if a landowner fails
to notify the assessor about conversion of agricultural land to
non-agricultural use up to $1,000 (from $500) and to increase the
minimum payment amount which may be imposed by a local assessing unit
for conversion to $500 (from $100).


Section 11 repeals AML § 305(1)(e) to conform to the repeal of AML
304 made by Section 5 of the bill. This section also re-letters
paragraph AML § 305(1)(f) as AML § 305(1)(e).

Section 12 repeals AML § 305(4)(b) to remove the requirement for
filing preliminary notices of intent to acquire a specified amount of
land from actively operated farms in an agricultural district, or
undertake or support certain specified development activities within
an agricultural district.

Section 13 amends AML §§ 301(4)(c), (d), (e) and (f) to remove
references to final notices of intent, and provide that notice of a
Commissioner's public hearing be posted on the Department's website
and sent by first class mail to affected municipalities, rather than
through publication. This section also re-letters theses paragraphs to
reflect the repeal of AML § 305(4)(b) made by Section 12 of the bill.

Section 14 re-letters AML § 305(4)(g),(h), and (h-1) to reflect the
re-lettering of AML § 305(4) made by Section 13 of the bill.

Section 15 repeals AML §§ 305-a(2), (3), and (4), in relation to
agricultural data statements, to reflect that this language is
included in a new AML § 305-b, added by Section 16 of the bill.

Section 16 renumbers AML § 305-b as AML § 305-c and adds a new
305-b, titled "Agricultural Data Statement" to adopt the language
repealed by Section 15 of the bill.

Section 17 amends AML §§ 306(2)(a)(iii) and (b)(iv) to increase the
penalty which a local assessing unit may impose if a landowner fails
to notify the assessor about conversion of agricultural land to
nonagricultural use up to $1,000

(from $500) and to increase the minimum payment amount which may be
imposed by a local assessing unit for conversion to $500 (from $100).

Section 18 amends AML § 307 to remove language granting authority to
promulgate regulations for consolidation of agricultural districts
because this language is included in a new AML § 303-c, as added by
Section 7 of the bill.

Section 19 amends AML § 308 (1)(a) to require the Commissioner of
Agriculture and Markets (Commissioner) to issue agricultural practice
opinions to any farm owner or operator only, rather than to "any
person."

Section 20 repeals AML § 308(4) to eliminate the requirement that the
Commissioner issue opinions on whether particular land uses are
agricultural in nature. This section also renumbers AML § 308(5) as
AML § 308(4).

Section 21 amend AML § 309(6) to provide that the Advisory Council on
Agriculture (ACA) shall meet as needed to complete council business,
eliminating the requirement that it meet at least four times a year.

Section 22 repeals AML § 309(8) which provides that the ACA shall
advise the Commissioner whether particular land uses are agricultural,


consistent with the repeal of AML § 308(4), as made by Section 20 of
the bill.

Section 23 amends Real Property Tax Law (RPTL) § 483(2) to expressly
provide that the term "structures and buildings" includes permanent
and impermanent structures, including, but not limited to metal,
string, or wood trellises and pergolas.

Section 24 provides the effective date.

Existing Law:

AML § 301 defines terms for AML Article 25-AA "Agricultural
Districts;" AML § 303 sets forth the process for the creation of
agricultural districts; AML § 303-a provides for review of
agricultural districts; AML § 304 authorizes the creation of
agricultural districts for Unique and Irreplaceable Lands; AML § 304-b
requires reporting of agricultural district data to the Governor and
the Legislature; AML § 305 (Agricultural Assessments), among other
things, sets forth various benefits for land in agricultural
districts; AML § 305(1) provides for a maximum penalty of $500 for
failing to notify an assessor about conversion of agricultural land to
a non-agricultural use and authorizes a minimum payment of $100 for
such conversion; AML § 305(1)(e) provides for State assistance to
localities for one-half of the tax loss that results from requests for
agricultural assessments in an agricultural district created under AML
§ 304; AML § 305(4) sets forth the requirements for filing preliminary
and final notices of intent with the Commissioner and the County
Agricultural and Farmland Protection Board; AML §§ 305-a (2), (3) and
(4) require Agricultural Data Statements; AML § 306(1) (Agricultural
Assessments - Lands Outside Agricultural Districts) provides for a
maximum penalty of $500 for failing to notify an assessor about
conversion of agricultural land to a non-agricultural use and
authorizes a minimum payment of $100 for such conversion; AML § 307
provides authority for regulations to implement AML Article 25-A; AML
§ 308(1)(a) (Right to Farm) states that the Commissioner shall issue
agricultural practice opinions to "any person;" AML § 308(4) requires
the Commissioner to issue opinions upon request form any person as to
whether particular land uses are agricultural in nature; AML § 309(6)
(Advisory Council on Agriculture-ACA) requires that the ACA hold at
least four meetings per year; and § 309(8) tasks the ACA with advising
the Commissioner in regards to whether particular land uses are
agricultural in nature.

RPTL § 483(2) sets forth various structures and buildings used by
farms that are exempt from the real property tax for a period of 10
years from their construction or reconstruction.

Prior Legislative History:

This is a new bill.

Statement in Support:

The Agricultural Districts Law, enacted in 1971, has been amended many
times to better protect farms and farmers, to facilitate the creation
of agricultural districts, and to streamline the establishment and


review process for county governments and DAM staff. This bill is
designed to further streamline the creation, review and consolidation
process, repeal certain provisions that have created unnecessary delay
or created inefficiencies, and better focus the statute to achieve the
goals of the original law - the protection of farms and farmers.

Farm Woodland and Agricultural Assessment

Under AML § 3014)(d), up to 50 acres of "farm woodland" per parcel is
eligible for an agricultural assessment. However, so long as the term
"farm woodland" is defined in AML § 301(3) as "...land used for the
production for sale of woodland products ..." some land in
agricultural production may not be eligible for agricultural
assessment. For example, timber and forest products are long-term
products that do not produce annual revenue; especially if the
woodland is being managed for saw timber production. Further, farm
woodland is often used by farms to provide woodland products (such as
posts and lumber for fencing and firewood for heating) for on-farm
use. Some assessors have denied farmers agricultural assessment if
they cannot show annual sales of woodland products. This bill would
correct this result by clarifying that actual sale of woodland
products is not necessary for land in use for agricultural purposes to
be eligible for agricultural assessment.

Enhanced Ease in Creation and Review of Agricultural Districts

This bill would remove impediments and inefficiencies in the creation
and review process. Notice provisions have been updated and improved,
substituting notification by posting on the web and mail notification
of affected counties for publication in newspapers (a less than
reliable method of notification). The proposed amendments to AML
303-eliminate the requirement for public hearings after the
Commissioner's certification of the agricultural district proposal.
(A public hearing is still required before the county acts to adopt or
reject the proposal as a plan.) Unrealistic time deadlines have

been eliminated. Participation of the county planning boards in the
creation of the agricultural districts would be eliminated,
reconciling AML § 303 with AML § 303-a, which removed the county
planning boards from the agricultural district review process, in
part, because the Agricultural and Farmland Protection Board (AFPB)
includes the county planning director.

As the Department of Environmental Conservation (DEC) has not been
participating in the establishment or review of agricultural
districts, the bill also removes the DEC from the process to enhance
efficiencies. In this regard, several years ago the Secretary of State
was removed from the district creation and review processes for lack
of participation.

The proposal designates an 8 year review period as no district created
since the law was adopted in 1971 has selected the 12 or 20 year
options.As of July 1, 2013, 95 of the 238 districts (approximately
40%) were not timely in conducting the 8-year reviews of districts
required by the AML. However, the 11 counties that have consolidated
multiple districts into a single, county-wide agricultural district
were all timely in the 8-year review process. These statistics


evidence a need to help counties streamline how they create, review
and consolidate agricultural districts, which these amendments seek to
address.

Increased Penalties

AML §§ 305(1) and § 306 (2) require landowners to notify the assessor
when land receiving an agricultural assessment is converted to a
non-agricultural use and authorizes penalties and minimal payments for
such conversions to be imposed on landowners who fail to notify the
assessor of a conversion. The penalties are established to ensure that
the assessor is made aware of a conversion so that conversion
payments, which compensate the locality for the prior benefits of
agricultural assessments received, may be calculated and levied on the
property. Many assessing units do not levy these payments or penalties
because the current statutory amounts are too small.  Increased
penalties and minimum payment amounts will encourage assessing units
to levy the payments and penalties and help ensure that landowners
comply with the law.

DAM Opinions

AML § 308(1) requires the Commissioner to issue agricultural practice
opinions to any person upon request. The purpose of the agricultural
practice opinion is to protect a farmer from a private nuisance cause
of action. When someone other than a farmer requests an opinion, DAM
cannot easily conduct a sound agricultural practice review. Often,
when agricultural practice opinions are sought by non-farmers, their
intended use is to challenge farm practices. DAM must contact the
farmer and obtain permission to access the property and otherwise have
the cooperation of the farmer to conduct a review and issue an
opinion. In light of the possible use of such an opinion, cooperation
of the farmer is often difficult to obtain. Notably, an agricultural
practice opinion has no binding effect other than in a private
nuisance lawsuit. In DAM's experience, however, such opinions are
sought by non-farmers for a wide range of disputes and matters
unrelated to private nuisance lawsuits.

AML § 308(4) requires the Commissioner to issue opinions as to whether
particular land uses are "agricultural in nature" upon request from
any person. These opinions, while informal and non-binding, are
problematic because non-farm neighbors, local governments, and others
sometimes use the opinions against a farmer to try to stop an
agricultural activity or otherwise affect the outcome of a proceeding
involving a farmer or farm interests.

Property Tax Exemptions for Farming Structures

The proposed amendment of RPTL § 483(2) would make it clear that
permanent and impermanent structures, including, but not limited to
metal, string, or wood trellises and pergolas can qualify for the 10
year property tax exemption for structures and buildings used
exclusively in the raising and production for sale of agricultural or
horticultural commodities.

Although an opinion of the former State Board of Equalization and
Assessment (Vol. 3- Opns of Counsel SBEA No. 19) determined that that


newly constructed vineyard trellises come within the meaning of
"structures and buildings" for purposes of RPTL § 483(2), a statutory
clarification that ensures consistent results is important for the
hops producers and other farmers that use impermanent structures for
production.

Budget Implications:

None.

Local Impact:

This bill would not impose any mandate on local governments. Municipal
governments should recognize cost savings over time from the
streamlining measures proposed in the bill.

Effective Date:

This bill would take effect immediately, except Section 5 of the bill
shall only apply to the creation of any agricultural district pursuant
to AML § 303 commenced after such effective date and Section 6 of the
bill shall only apply to the review of any agricultural district
pursuant to AML § 303-a commenced after the effective date.

2015-S4851 - Bill Text download pdf

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

                                  4851

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 22, 2015
                               ___________

Introduced  by Sen. RITCHIE -- (at request of the Department of Agricul-
  ture and Markets) -- 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 agricul-
  tural  districts  law  improvements; and the real property tax law, in
  relation to tax exemptions for certain structures on agricultural  and
  horticultural  lands; and to repeal certain provisions of the agricul-
  ture and markets law relating to agricultural districts

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

  Section 1. Subdivision 3 of section 301 of the agriculture and markets
law,  as  amended by chapter 797 of the laws of 1992, is amended to read
as follows:
  3. "Farm woodland" means land used for the production  [for  sale]  of
woodland  products, including but not limited to logs, lumber, posts and
firewood. Farm woodland shall not include land used to produce Christmas
trees or land used for the processing or retail merchandising  of  wood-
land products.
  S 2. Subdivision 11 of section 301 of the agriculture and markets law,
as  amended  by  chapter  384 of the laws of 2011, is amended to read as
follows:
  11. "Farm operation" means the land and on-farm buildings,  equipment,
manure  processing and handling facilities, and practices which contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock products as a commercial enterprise, including  a  "commercial
horse  boarding  operation"  as  defined in subdivision thirteen of this
section, a "timber operation" as defined in subdivision fourteen of this
section, "compost, mulch or other biomass crops" as defined in  subdivi-
sion  [sixteen]  SEVENTEEN of this section and "commercial equine opera-
tion" as defined in subdivision [seventeen] EIGHTEEN  of  this  section.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09504-03-5

S. 4851                             2

Such farm operation may consist of one or more parcels of owned or rent-
ed land, which parcels may be contiguous or noncontiguous to each other.
  S 3. Subdivision 12 of section 301 of the agriculture and markets law,
as  added  by  chapter  534  of  the laws of 1992, is amended to read as
follows:
  12. "Agricultural data statement"  means  an  identification  of  farm
operations  within  an agricultural district located within five hundred
feet of the boundary of property upon which an action requiring  munici-
pal  review and approval by the planning board, zoning board of appeals,
town board, or village board of trustees pursuant to article sixteen  of
the  town  law  or  article  seven  of  the  village law is proposed, as
provided in section three hundred [five-a] FIVE-B of this article.
  S 4. Subdivisions 16 and 17 of section  301  of  the  agriculture  and
markets law, subdivision 16 as added by chapter 536 of the laws of 2008,
are renumbered subdivisions 17 and 18.
  S  5.  Section  303  of the agriculture and markets law, as amended by
chapter 797 of the laws of 1992, subdivision 1 as amended by chapter 463
of the laws of 2014, subparagraph 1 of paragraph a of subdivision  2  as
amended  by chapter 213 of the laws of 2007, subparagraph 3 of paragraph
e of subdivision 2, and subdivisions 5 and 6 as amended by  chapter  102
of the laws of 1998, subdivision 4 as amended by chapter 523 of the laws
of  2003,  paragraph a of subdivision 5 and paragraph a of subdivision 6
as designated by chapter 687 of the laws of 2002 and  subdivision  7  as
amended  by  chapter  357  of  the  laws  of 1997, is amended to read as
follows:
  S 303. Agricultural districts; creation. 1. Any  owner  or  owners  of
land  may  submit  a  proposal  to  the  county legislative body for the
creation of an agricultural district within such county,  provided  that
such  owner  or owners own at least two hundred fifty acres [or at least
ten per cent] of the land proposed to  be  included  in  the  district[,
whichever  is greater].  Such proposal shall be submitted in such manner
and form as may be prescribed  by  the  commissioner,  shall  include  a
description  of  the  proposed district, including a map delineating the
exterior boundaries of the district which shall conform  to  tax  parcel
boundaries,  and  the tax map identification numbers for every parcel in
the proposed district. The proposal [may recommend an appropriate] SHALL
INCLUDE A review period of [either] eight[, twelve or twenty] years.
  2. Upon the receipt of such a proposal, the county legislative body:
  a. shall thereupon provide notice of such proposal  by  [publishing  a
notice  in  a  newspaper  having general circulation within the proposed
district and by] POSTING A NOTICE ON  THE  HOME  PAGE  OF  THE  COUNTY'S
WEBSITE;  posting  such  notice  in  five  conspicuous places within the
proposed district; AND PROVIDING SUCH NOTICE IN WRITING BY  FIRST  CLASS
MAIL  TO  THOSE  MUNICIPALITIES WHOSE TERRITORY ENCOMPASSES THE PROPOSED
DISTRICT. The notice shall contain the following information:
  (1) a statement that a proposal for an agricultural district has  been
filed with the county legislative body pursuant to this article;
  (2)  a  statement  that  the  proposal  will be on file open to public
inspection in the county clerk's office;
  (3) a statement that any COUNTY LANDOWNER OR municipality whose terri-
tory encompasses the proposed district [or any  landowner  who  owns  at
least  ten  per  cent  of  the  land  proposed to be included within the
proposed modification of the proposed district] may propose a  modifica-
tion  of  the  proposed  district  in  such  form  and  manner as may be
prescribed by the commissioner [of agriculture and markets];

S. 4851                             3

  (4) a statement that the proposed modification must be filed with  the
county  clerk and the clerk of the county legislature within thirty days
[after] OF the [publication] POSTING AND MAILING of such notice; AND
  (5)  a statement that at the termination of the thirty day period, the
proposal and proposed modifications will be  submitted  to  the  [county
planning  board  and]  county agricultural and farmland protection board
and that thereafter a public hearing  will  be  held  on  the  proposal,
proposed  modifications, and recommendations of the [planning board and]
county agricultural and farmland protection board;
  b. shall receive any proposals  for  modifications  of  such  proposal
which  may  be  submitted  by  [such  landowners  or]  PROPONENTS OF THE
DISTRICT, ANY COUNTY LANDOWNERS OR  municipalities  within  thirty  days
[after] OF the [publication] POSTING AND MAILING of such notice;
  c.  shall,  upon the termination of such thirty day period, refer such
proposal and proposed modifications to the county [planning board, which
shall, within forty-five days, report to the county legislative body the
potential effect of such proposal and proposed  modifications  upon  the
county's planning policies and objectives;
  d. shall simultaneously, upon the termination of such thirty day peri-
od,  refer such proposal and proposed modifications to the county] agri-
cultural and farmland protection board, which shall,  within  forty-five
days  report to the county legislative body its recommendations concern-
ing the proposal and proposed modifications[, and]; AND
  [e.] D. shall hold a public hearing in the following manner:
  (1) The hearing shall be held at a place within the proposed  district
or otherwise readily accessible to the proposed district;
  (2) The notice shall contain the following information:
  (a) a statement of the time, date and place of the public hearing;
  (b) a description of the proposed district, any proposed additions and
any  recommendations  of  the [county planning board or] county agricul-
tural and farmland protection board; AND
  (c) a statement that the public hearing will be held concerning:
  (i) the original proposal;
  (ii) any written amendments proposed  during  the  thirty  day  review
period; AND
  (iii)  any  recommendations  proposed  by  the county agricultural and
farmland protection board [and/or the county planning board.];
  (3) The notice shall be [published in a  newspaper  having  a  general
circulation within the proposed district] POSTED ON THE HOME PAGE OF THE
COUNTY'S  WEBSITE  and  shall be given in writing BY FIRST CLASS MAIL to
those municipalities whose territory encompasses the  proposed  district
and  any  proposed  modifications, owners of real property within such a
proposed district or any proposed modifications who are  listed  on  the
most  recent  assessment  roll,  the  commissioner[, the commissioner of
environmental conservation] and the advisory council on agriculture.
  3. The following factors shall be considered by the  [county  planning
board,  the]  county  agricultural  and farmland protection board[,] and
IDENTIFIED AS ISSUES FOR COMMENT at [any] THE public hearing:
  [i.] A. the viability of active farming within the  proposed  district
and in areas adjacent thereto;
  [ii.]  B.  the  presence  of any viable farm lands within the proposed
district and adjacent thereto that are not now in active farming;
  [iii.] C. the nature and extent of land uses other than active farming
within the proposed district and adjacent thereto;
  [iv.] D. county developmental patterns and needs; and

S. 4851                             4

  [v.] E. any other matters which  [may]  THE  COUNTY  LEGISLATIVE  BODY
DEEMS TO be relevant.
  In   judging  viability,  any  relevant  agricultural  viability  maps
prepared by the commissioner  [of  agriculture  and  markets]  shall  be
considered, as well as soil, climate, topography, other natural factors,
markets  for  farm products, the extent and nature of farm improvements,
the present  status  of  farming,  anticipated  trends  in  agricultural
economic  conditions  and  technology,  and such other factors as may be
relevant.
  4. The county legislative body, after receiving the  [reports  of  the
county  planning  board  and]  REPORT  AND RECOMMENDATIONS OF the county
agricultural and farmland protection board and after such  public  hear-
ing,  may  adopt  as  a  plan  the  proposal  or any modification of the
proposal it deems appropriate[, and shall adopt as part of the  plan  an
appropriate  review  period of either eight, twelve or twenty years. The
plan as adopted shall, to the extent feasible, include  adjacent  viable
farm lands, and exclude, to the extent feasible, nonviable farm land and
non-farm  land.  The  plan  shall  include only whole tax parcels in the
proposed district. The county legislative body shall  act  to  adopt  or
reject  the  proposal,  or  any  modification  of  it, no later than one
hundred eighty days from the date the proposal  was  submitted  to  this
body.  Upon  the  adoption  of a plan, the county legislative body shall
submit it to the commissioner. The commissioner may, upon application by
the county legislative body and for good cause shown, extend the  period
for adoption and submission once for an additional thirty days. Where he
or  she  does  so, the county legislative body may extend the period for
the report from the county planning board  and/or  the  period  for  the
report  from  the  county agricultural and farmland protection board] OR
MAY ACT TO REJECT THE PROPOSAL.
  5. [a.] ALL PLANS THAT ARE ADOPTED SHALL INCLUDE:  (A) A REVIEW PERIOD
OF EIGHT YEARS; (B) ONLY WHOLE TAX PARCELS IN THE PROPOSED DISTRICT; AND
(C) TO THE EXTENT FEASIBLE, INCLUDE  ADJACENT  VIABLE  FARM  LANDS,  AND
EXCLUDE, TO THE EXTENT FEASIBLE, NONVIABLE FARM LAND AND NON-FARM LAND.
  6.  UPON  THE  ADOPTION  OF  A PLAN, THE COUNTY LEGISLATIVE BODY SHALL
SUBMIT IT TO THE COMMISSIONER. ADOPTED PLANS SHALL BE  SUBMITTED  WITHIN
ONE  YEAR  AFTER RECEIPT OF A COMPLETE PROPOSAL AS DESCRIBED IN SUBDIVI-
SION ONE OF THIS SECTION. THE COMMISSIONER MAY, UPON APPLICATION BY  THE
COUNTY  LEGISLATIVE BODY AND FOR GOOD CAUSE SHOWN, EXTEND THE PERIOD FOR
SUBMISSION ONCE FOR UP TO SIX ADDITIONAL MONTHS.
  7. The commissioner shall have sixty days after receipt  of  the  plan
within  which  to  certify  to  the  county legislative body whether the
[proposal, or a modification of the  proposal,]  PLAN  is  eligible  for
districting, whether the area to be districted consists predominantly of
viable  agricultural land, and whether the plan of the proposed district
is feasible, and will serve the public interest by  assisting  in  main-
taining  a  viable  agricultural  industry  within  the district and the
state. The commissioner shall submit a copy of such plan to the [commis-
sioner of environmental conservation, who shall have thirty days  within
which  to report his or her determination to the commissioner. A copy of
such plan shall also be provided to the] advisory  council  on  agricul-
ture.  [The  commissioner  shall  not  certify  the plan as eligible for
districting unless the commissioner of  environmental  conservation  has
determined that the area to be districted is consistent with state envi-
ronmental plans, policies and objectives.
  6.  a.  Within  sixty days after the certification by the commissioner
that the proposed area is eligible for districting, and that districting

S. 4851                             5

would be consistent with state environmental plans, policies and  objec-
tives,  the  county  legislative  body  may hold a public hearing on the
plan, except that it shall hold a public hearing if the plan  was  modi-
fied  by the commissioner or was modified by the county legislative body
after they held the public hearing required by paragraph e  of  subdivi-
sion two of this section and such modification was not considered at the
original  hearing.  Notice  of  any such hearing shall be in a newspaper
having general circulation in the area  of  the  proposed  district  and
individual notice, in writing, to those municipalities whose territories
encompass  the  proposed district modifications, the persons owning land
directly affected by the proposed district  modifications,  the  commis-
sioner,  the commissioner of environmental conservation and the advisory
council on agriculture. The  proposed  district,  if  certified  without
modification  by  the  commissioner,  shall become effective thirty days
after the termination of such public hearing or, if there is  no  public
hearing,  ninety  days  after  such certification unless its creation is
disapproved by the county legislative body within such period. Provided,
however, that if, on a date within the thirty days after the termination
of such public hearing or, if there is no  public  hearing,  within  the
ninety  days  after  such  certification,  the  county  legislative body
approves creation of the district, such district shall become  effective
on such date. Provided further, that notwithstanding any other provision
of  this  subdivision,  if  the  commissioner modified the proposal, the
district shall not become effective unless the county  legislative  body
approves  the  modified  district; such approval must be given on a date
within the thirty days after the termination of the public hearing;  and
the  district,  if approved, shall become effective on such date. Before
approving or disapproving any proposal modified by the commissioner, the
county legislative body may request reports on such  modified  proposal,
from  the county planning board and the county agricultural and farmland
protection board.
  7.] 8. IF THE COMMISSIONER CERTIFIES THE PLAN OF THE PROPOSED DISTRICT
PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION,  THE  DISTRICT  SHALL  BE
CREATED IMMEDIATELY UPON CERTIFICATION.
  9.  Upon  the  creation  of  an agricultural district, the description
thereof, which shall include tax  map  identification  numbers  for  all
parcels within the district, plus a map delineating the exterior bounda-
ries  of  the  district  in  relation to tax parcel boundaries, shall be
filed by the county legislative body with the county clerk,  the  county
director  of  real property tax services, and the commissioner. [For all
existing agricultural districts, the county clerk shall also  file  with
the commissioner upon request the tax map identification numbers for tax
parcels  within  those  districts.] The commissioner, on petition of the
county  legislative  body,  may,  for  good  cause  shown,  approve  the
correction  of  any  errors  in  materials  filed pursuant to a district
creation at any time subsequent to  the  creation  of  any  agricultural
district.
  S  6.  Section  303-a  of the agriculture and markets law, as added by
chapter 357 of the laws of 1997, paragraph b of subdivision 2 as  added,
paragraph  c  of subdivision 2 as relettered, and clause (b) of subpara-
graph 3 of paragraph c of subdivision 2 and subdivision 3 as amended  by
chapter  213  of the laws of 2007, subdivision 4 as added by chapter 290
of the laws of 1999 and subdivision 5 as amended by chapter 120  of  the
laws of 2010, is amended to read as follows:
  S  303-a.  Agricultural  districts;  review. 1. The county legislative
body shall review  any  district  created  under  [this]  section  THREE

S. 4851                             6

HUNDRED  THREE OF THIS ARTICLE eight[, twelve or twenty] years after the
date of its creation[, consistent with the review period  set  forth  in
the  plan creating such district] and at the end of every eight[, twelve
or  twenty]  year  period  thereafter[, whichever may apply. In counties
with multiple districts with review dates in any  twelve  month  period,
the  commissioner,  on petition of the county legislative body, may, for
good cause shown, approve an  extension  of  up  to  four  years  for  a
district  review.  Thereafter,  the extended review date shall be deemed
the creation date for purposes  of  subsequent  reviews  by  the  county
legislative  body in accordance with this section.  The review date of a
district may not be extended more than four years.  The petition of  the
county  legislative  body  for  an  extension  shall be submitted to the
commissioner at least six months prior to the review date].
  2. In conducting a district review the county legislative body shall:
  a. provide notice of such district review by [publishing a notice in a
newspaper having general circulation within the district and by] POSTING
A NOTICE ON THE HOME PAGE OF THE COUNTY'S WEBSITE; posting  such  notice
in  at  least five conspicuous places within the district; AND PROVIDING
SUCH NOTICE IN WRITING BY FIRST CLASS MAIL TO THOSE MUNICIPALITIES WHOSE
TERRITORY ENCOMPASSES THE DISTRICT. The notice shall identify the  muni-
cipalities in which the district is found and the district's total area;
indicate  that  a map of the district will be on file and open to public
inspection in the office of the county clerk and such  other  places  as
the  legislative  body  deems appropriate; and notify municipalities and
land owners within the district that they may propose a modification  of
the  district  by  filing  such  proposal with the [county] clerk of the
county legislature within thirty days [after] OF the [publication] POST-
ING AND MAILING of such notice;
  b. direct the county agricultural and  farmland  protection  board  to
prepare a report WITHIN FORTY-FIVE DAYS concerning the following:
  (1)  the  nature  and status of farming and farm resources within such
district, including the total number of acres  of  land  and  the  total
number of acres of land in farm operations in the district;
  (2)  the extent to which the district has achieved its original objec-
tives;
  (3) the extent to which county and local comprehensive plans, policies
and objectives are consistent with and support the district;
  (4) the degree of coordination between local laws,  ordinances,  rules
and regulations that apply to farm operations in such district and their
influence on farming; and
  (5) recommendations to continue, terminate or modify such district.
  c.  hold  a  public hearing [at least one hundred twenty days prior to
the district review date and not more than one hundred eighty days prior
to such date,] in the following manner:
  (1) the hearing shall be held at a place within the district or other-
wise readily accessible to the proposed district;
  (2) a notice of public hearing shall  be  [published  in  a  newspaper
having  a  general  circulation  within the district] POSTED ON THE HOME
PAGE OF THE COUNTY'S WEBSITE and shall be  given  in  writing  BY  FIRST
CLASS  MAIL  to  those  municipalities  whose  territories encompass the
district and any proposed modifications to the district; to persons,  as
listed  on the most recent assessment roll, whose land is the subject of
a proposed modification; and to the commissioner;
  (3) the notice of hearing shall contain the following information:
  (a) a statement of the time, date and place of the public hearing; and

S. 4851                             7

  (b) a description of the district, any proposed modifications and  any
recommendations  of  the  county  agricultural  and  farmland protection
board.
  3.  A.  The  county  legislative  body, after receiving the report and
recommendation of the county agricultural and farmland protection board,
and after public hearing, shall make  a  finding  whether  the  district
should  be  continued, terminated or modified. If the county legislative
body finds that the district should be terminated, it may do so  at  the
end  of  such  eight[,  twelve or twenty] year period[, whichever may be
applicable,] by filing a notice of termination with the county clerk and
the commissioner.
  B. THE COUNTY LEGISLATIVE BODY  MAY  ADOPT  ANY  MODIFICATION  OF  THE
DISTRICT REVIEW PLAN IT DEEMS APPROPRIATE.
  C.  If  the  county legislative body finds that the district should be
continued or modified, it shall submit [a] THE district review  plan  to
the  commissioner.  The district review plan shall include a description
of the district, including a map delineating the exterior boundaries  of
the  district  which shall conform to tax parcel boundaries; the tax map
identification numbers for every parcel in the district; a copy  of  the
report of the county agricultural and farmland protection board required
by  paragraph  b  of  subdivision two of this section; and a copy of the
testimony given at the public hearing required by paragraph c of  subdi-
vision two of this section or a copy of the minutes of such hearing.
  4.  THE  COUNTY  LEGISLATIVE  BODY  SHALL  COMPLETE THE REVIEW PROCESS
DESCRIBED IN THIS SECTION BY EITHER TERMINATING, CONTINUING, OR  MODIFY-
ING  THE  DISTRICT  ON  OR  BEFORE  THE DISTRICT'S ANNIVERSARY DATE. THE
COMMISSIONER MAY, UPON APPLICATION BY THE COUNTY  LEGISLATIVE  BODY  AND
FOR  GOOD  CAUSE SHOWN, EXTEND THE PERIOD FOR A DISTRICT REVIEW ONCE FOR
UP TO SIX ADDITIONAL MONTHS. If the county  legislative  body  does  not
act, or if a modification of a district is rejected by the county legis-
lative  body,  the  district  shall  continue as originally constituted,
unless the commissioner, after consultation with the advisory council on
agriculture, terminates such district, by filing a notice  thereof  with
the county clerk, because[:
  a.]  the  area in the district is no longer predominantly viable agri-
cultural land[; or
  b. the commissioner of environmental conservation has determined  that
the  continuation  of  the  district  would not be consistent with state
environmental plans, policies and objectives; provided, however, that if
the commissioner certifies to the county legislative body that he or she
will not approve the continuance of the district  unless  modified,  the
commissioner shall grant the county an extension as provided in subdivi-
sion  one  of this section to allow the county to prepare a modification
of the district in the manner provided in this section].
  5. Plan review, certification, correction of  any  errors  and  filing
shall  be  conducted in the same manner prescribed for district creation
in [subdivisions five, six and seven of] section three hundred three  of
this article.
  S  7.  The  agriculture  and  markets  law  is amended by adding a new
section 303-c to read as follows:
  S 303-C. CONSOLIDATION OF AGRICULTURAL  DISTRICTS.  EXISTING  AGRICUL-
TURAL DISTRICTS MAY BE CONSOLIDATED WITH AN EXISTING DISTRICT UNDERGOING
REVIEW PURSUANT TO AND IN THE SAME MANNER PRESCRIBED FOR DISTRICT REVIEW
IN  SECTION  THREE HUNDRED THREE-A OF THIS ARTICLE. THE NOTICE OF PUBLIC
HEARING REQUIRED BY SUBDIVISION TWO OF SECTION THREE HUNDRED THREE-A  OF
THIS  ARTICLE  SHALL  BE  GIVEN  IN WRITING BY FIRST CLASS MAIL TO THOSE

S. 4851                             8

MUNICIPALITIES WHOSE TERRITORIES ENCOMPASS THE DISTRICTS PROPOSED TO  BE
CONSOLIDATED;  AND  TO ALL PERSONS, AS LISTED ON THE MOST RECENT ASSESS-
MENT ROLL, WHOSE LAND IS THE SUBJECT OF  A  PROPOSED  CONSOLIDATION.  IN
ADDITION TO THE INFORMATION REQUIRED BY SUBDIVISION TWO OF SECTION THREE
HUNDRED  THREE-A  OF  THIS ARTICLE, THE NOTICE OF HEARING SHALL IDENTIFY
THE DISTRICT INTO WHICH THE  EXISTING  DISTRICT  OR  DISTRICTS  WILL  BE
CONSOLIDATED AND THE NEW ANNIVERSARY DATE FOR THE CONSOLIDATED DISTRICT.
  S 8. Section 304 of the agriculture and markets law is REPEALED.
  S  9.  Subdivision  1  of section 304-b of the agriculture and markets
law, as amended by chapter 213 of the laws of 2007, is amended  to  read
as follows:
  1.  The commissioner shall file a written report with the governor and
the legislature on January first,  two  thousand  eight  and  biennially
thereafter,  covering  each  prior  period  of two years, concerning the
status of the agricultural districts program. Such report shall include,
but not be limited to, the total number of agricultural  districts,  the
total  number of acres in agricultural districts, a list of the counties
that have established county agricultural and farmland protection plans,
and a summary of the agricultural protection [planning] grants program.
  S 10. Subparagraphs (ii) and (vi) of paragraph d of subdivision  1  of
section  305  of  the agriculture and markets law, as amended by chapter
385 of the laws of 1994, are amended to read as follows:
  (ii) Whenever a conversion occurs, the owner shall notify the assessor
within ninety days of the date such  conversion  is  commenced.  If  the
landowner  fails to make such notification within the ninety day period,
the assessing unit, by majority vote of the governing body, may impose a
penalty on behalf of the assessing unit of up to  two  times  the  total
payments  owed,  but  not  to  exceed  a  maximum total penalty of [five
hundred] ONE THOUSAND dollars in addition to any payments owed.
  (vi) The assessing unit, by majority vote of the governing  body,  may
impose  a  minimum  payment  amount,  not  to  exceed [one] FIVE hundred
dollars.
  S 11. Paragraph e of subdivision 1 of section 305 of  the  agriculture
and markets law is REPEALED and paragraph f is relettered paragraph e.
  S  12.  Paragraph b of subdivision 4 of section 305 of the agriculture
and markets law is REPEALED.
  S 13. Paragraphs c, d, e and f of subdivision 4 of section 305 of  the
agriculture  and  markets  law, paragraph c as amended by chapter 235 of
the laws of 1995, paragraphs d and e as amended by chapter  797  of  the
laws  of  1992  and paragraph f as amended by chapter 102 of the laws of
1998, are amended to read as follows:
  [c.] B. The agency, corporation or  government  proposing  the  action
shall  also,  at  least  sixty-five  days  prior  to  such  acquisition,
construction or advance of public funds, file a [final] notice of intent
with  the  commissioner  and  the  county  agricultural   and   farmland
protection board.  Such [final] notice shall include a detailed agricul-
tural impact statement setting forth the following:
  (i) a detailed description of the proposed action and its agricultural
setting;
  (ii)  the  agricultural impact of the proposed action including short-
term and long-term effects;
  (iii) any adverse agricultural effects which cannot be avoided  should
the proposed action be implemented;
  (iv) alternatives to the proposed action;

S. 4851                             9

  (v)  any  irreversible  and  irretrievable commitments of agricultural
resources which would be involved in the proposed action  should  it  be
implemented;
  (vi)  mitigation  measures  proposed to minimize the adverse impact of
the proposed action on the continuing viability of a farm enterprise  or
enterprises within the district;
  (vii)  any  aspects  of the proposed action which would encourage non-
farm development, where applicable and appropriate; and
  (viii) such other information as the commissioner may require.
  The commissioner shall promptly determine whether the  [final]  notice
is  complete  or  incomplete.  If  the  commissioner does not issue such
determination within thirty days, the [final]  notice  shall  be  deemed
complete.  If  the  [final]  notice  is determined to be incomplete, the
commissioner shall notify the party proposing the action in  writing  of
the  reasons for that determination. Any new submission shall commence a
new period for department review for purposes of  determining  complete-
ness.
  [d.]  C.  The  provisions  of [paragraphs] PARAGRAPH b [and c] of this
subdivision shall not apply and shall be deemed waived by the  owner  of
the land to be acquired where such owner signs a document to such effect
and provides a copy to the commissioner.
  [e.]  D. Upon notice from the commissioner that he or she has accepted
a [final] notice as  complete,  the  county  agricultural  and  farmland
protection board may, within thirty days, review the proposed action and
its  effects  on  farm  operations and agricultural resources within the
district, and report its findings and recommendations to the commission-
er and to the party proposing the action in the case of actions proposed
by a state agency or public benefit corporation, and additionally to the
county legislature in the case of actions proposed by  local  government
agencies.
  [f.]  E.  Upon receipt and acceptance of a [final] notice, the commis-
sioner shall thereupon forward a copy of such notice to the commissioner
of environmental conservation and the advisory council  on  agriculture.
The commissioner, in consultation with the commissioner of environmental
conservation  and the advisory council on agriculture, within forty-five
days of the acceptance of a [final] notice, shall  review  the  proposed
action  and make an initial determination whether such action would have
an unreasonably adverse effect on the continuing  viability  of  a  farm
enterprise  or  enterprises  within the district, or state environmental
plans, policies and objectives.
  If the commissioner so determines, he or she may (i)  issue  an  order
within  the  forty-five  day  period  directing the state agency, public
benefit corporation or local government not to take such action  for  an
additional  period  of  sixty days immediately following such forty-five
day period; and (ii) review the proposed action to determine whether any
reasonable and practicable alternative or alternatives exist which would
minimize or avoid the adverse impact on agriculture in order to  sustain
a viable farm enterprise or enterprises within the district.
  The  commissioner  may  hold a public hearing concerning such proposed
action at a place within the district or otherwise easily accessible  to
the  district  upon  notice [in a newspaper having a general circulation
within the district]  POSTED  ON  THE  HOME  PAGE  OF  THE  DEPARTMENT'S
WEBSITE,  and  individual notice, in writing BY FIRST CLASS MAIL, to the
municipalities whose territories encompass the district, the commission-
er of environmental conservation, the advisory  council  on  agriculture
and  the  state  agency,  public benefit corporation or local government

S. 4851                            10

proposing to take such action. On or before the conclusion of such addi-
tional sixty day period, the commissioner shall report his or her  find-
ings  to  the  agency,  corporation or government proposing to take such
action,  to  any public agency having the power of review of or approval
of such action, and, in a manner conducive to the wide dissemination  of
such  findings,  to  the  public.  If  the commissioner concludes that a
reasonable and practicable alternative or alternatives exist which would
minimize or avoid the adverse impact of the proposed action, he  or  she
shall  propose that such alternative or alternatives be accepted. If the
agency, corporation or  government  proposing  the  action  accepts  the
commissioner's  proposal,  then the requirements of the notice of intent
filing shall be deemed fulfilled. If the agency, corporation or  govern-
ment  rejects  the  commissioner's  proposal,  then it shall provide the
commissioner with reasons for rejecting such  proposal  and  a  detailed
comparison  between  its proposed action and the commissioner's alterna-
tive or alternatives.
  S 14. Paragraphs g, h and h-1 of subdivision 4 of section 305  of  the
agriculture and markets law are relettered paragraphs f, g and h.
  S  15. Subdivisions 2, 3 and 4 of section 305-a of the agriculture and
markets law are REPEALED.
  S 16. Section 305-b of the agriculture and markets law  is  renumbered
section 305-c and a new section 305-b is added to read as follows:
  S  305-B. AGRICULTURAL DATA STATEMENT. 1. SUBMISSION, EVALUATION.  ANY
APPLICATION FOR A SPECIAL USE PERMIT, SITE PLAN APPROVAL, USE  VARIANCE,
OR  SUBDIVISION  APPROVAL  REQUIRING  MUNICIPAL REVIEW AND APPROVAL BY A
PLANNING BOARD, ZONING BOARD OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF
TRUSTEES PURSUANT TO ARTICLE SIXTEEN OF THE TOWN LAW OR ARTICLE SEVEN OF
THE VILLAGE LAW, THAT WOULD OCCUR ON  PROPERTY  WITHIN  AN  AGRICULTURAL
DISTRICT  CONTAINING  A  FARM  OPERATION  OR ON PROPERTY WITH BOUNDARIES
WITHIN FIVE HUNDRED FEET OF A FARM OPERATION LOCATED IN AN  AGRICULTURAL
DISTRICT,  SHALL  INCLUDE  AN  AGRICULTURAL DATA STATEMENT. THE PLANNING
BOARD, ZONING BOARD OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF TRUSTEES
SHALL EVALUATE AND CONSIDER  THE  AGRICULTURAL  DATA  STATEMENT  IN  ITS
REVIEW  OF  THE  POSSIBLE IMPACTS OF THE PROPOSED PROJECT UPON THE FUNC-
TIONING OF FARM OPERATIONS WITHIN SUCH AGRICULTURAL DISTRICT. THE INFOR-
MATION REQUIRED BY AN AGRICULTURAL DATA STATEMENT  MAY  BE  INCLUDED  AS
PART  OF  ANY OTHER APPLICATION FORM REQUIRED BY LOCAL LAW, ORDINANCE OR
REGULATION.
  2. NOTICE PROVISION. UPON THE RECEIPT OF SUCH APPLICATION BY THE PLAN-
NING BOARD, ZONING BOARD OF APPEALS, TOWN BOARD,  OR  VILLAGE  BOARD  OF
TRUSTEES,  THE  CLERK  OF  SUCH  BOARD SHALL MAIL WRITTEN NOTICE OF SUCH
APPLICATION TO THE OWNERS OF LAND AS IDENTIFIED BY THE APPLICANT IN  THE
AGRICULTURAL  DATA  STATEMENT. THE NOTICE SHALL INCLUDE A DESCRIPTION OF
THE PROPOSED PROJECT AND ITS LOCATION, AND MAY BE  SENT  IN  CONJUNCTION
WITH ANY OTHER NOTICE REQUIRED BY STATE OR LOCAL LAW, ORDINANCE, RULE OR
REGULATION  FOR  THE  PROJECT.  THE  COST OF MAILING THE NOTICE SHALL BE
BORNE BY THE APPLICANT.
  3. CONTENT. AN AGRICULTURAL DATA STATEMENT SHALL INCLUDE THE FOLLOWING
INFORMATION: THE NAME AND ADDRESS OF THE APPLICANT; A DESCRIPTION OF THE
PROPOSED PROJECT AND ITS LOCATION; THE NAME AND ADDRESS OF ANY OWNER  OF
LAND  WITHIN  THE  AGRICULTURAL DISTRICT, WHICH LAND CONTAINS FARM OPER-
ATIONS AND IS LOCATED WITHIN FIVE HUNDRED FEET OF THE  BOUNDARY  OF  THE
PROPERTY  UPON WHICH THE PROJECT IS PROPOSED; AND A TAX MAP OR OTHER MAP
SHOWING THE SITE OF THE PROPOSED PROJECT RELATIVE  TO  THE  LOCATION  OF
FARM OPERATIONS IDENTIFIED IN THE AGRICULTURAL DATA STATEMENT.

S. 4851                            11

  S 17. Subparagraph (iii) of paragraph a and subparagraph (iv) of para-
graph  b  of subdivision 2 of section 306 of the agriculture and markets
law, as amended by chapter 680 of the laws of 1994, are amended to  read
as follows:
  (iii)  Whenever a conversion occurs, the owner shall notify the asses-
sor within ninety days of the date such conversion is commenced. If  the
landowner  fails to make such notification within the ninety day period,
the assessing unit, by majority vote of the governing body, may impose a
penalty on behalf of the assessing unit of up to  two  times  the  total
payments  owed,  but  not  to  exceed  a  maximum total penalty of [five
hundred] ONE THOUSAND dollars in addition to any payments owed.
  (iv) The assessing unit, by majority vote of the government body,  may
impose  a  minimum  payment  amount,  not  to  exceed [one] FIVE hundred
dollars.
  S 18. Section 307 of the agriculture and markets law,  as  amended  by
chapter  235  of  the laws of 1995 and as further amended by subdivision
(d) of section 1 of part W of chapter 56 of the laws of 2010, is amended
to read as follows:
  S 307. Promulgation of rules  and  regulations.  The  commissioner  of
taxation  and finance and the commissioner are each empowered to promul-
gate such rules and regulations and to  prescribe  such  forms  as  each
shall  deem  necessary to effectuate the purposes of this article [, and
the commissioner is further empowered to promulgate such rules and regu-
lations as are necessary to provide for the reasonable consolidation  of
existing  agricultural districts with new agricultural districts or with
other existing districts undergoing  modification  pursuant  to  section
three  hundred  three  of  this  article]. Where a document or any other
paper or information is required, by such rules and regulations,  or  by
any  provision  of this article, to be filed with, or by, a county clerk
or any other local official, such clerk or other local official may file
such document, paper, or information as he OR SHE deems proper, but [he]
shall also file or record it in any manner directed by the  commissioner
of  taxation  and finance, by rule or regulation. In promulgating such a
rule or regulation, such commissioner shall consider,  among  any  other
relevant  factors, the need for security of land titles, the requirement
that purchasers of land know of all potential tax  and  penalty  liabil-
ities,  and the desirability that the searching of titles not be further
complicated by the establishment of new sets of record books.
  S 19. Paragraph a of subdivision 1 of section 308 of  the  agriculture
and markets law, as added by chapter 797 of the laws of 1992, is amended
to read as follows:
  a.  The  commissioner  shall,  in consultation with the state advisory
council on agriculture, issue opinions upon request  from  any  [person]
FARM  OWNER  OR OPERATOR as to whether particular agricultural practices
are sound.
  S 20. Subdivision 4 of section 308 of the agriculture and markets  law
is REPEALED and subdivision 5 is renumbered subdivision 4.
  S 21. Subdivision 6 of section 309 of the agriculture and markets law,
as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
follows:
  6. The advisory council on agriculture may ask  other  individuals  to
attend  its  meetings  or work with it on an occasional or regular basis
provided, however, that it shall invite participation by the chairman of
the state soil and water conservation committee and the dean of the  New
York state college of agriculture and life sciences at Cornell universi-
ty.  The advisory council on agriculture shall set the time and place of

S. 4851                            12

its meetings, and shall [hold at least four meetings per year]  MEET  AS
NEEDED TO COMPLETE COUNCIL BUSINESS.
  S  22. Subdivision 8 of section 309 of the agriculture and markets law
is REPEALED.
  S 23. Subdivision 2 of section 483 of the real property  tax  law,  as
amended  by  chapter  540  of  the  laws  of 2007, is amended to read as
follows:
  2. The term "structures and buildings" shall  include:  (a)  PERMANENT
AND  IMPERMANENT structures, INCLUDING BUT NOT LIMITED TO METAL, STRING,
OR WOOD TRELLISES AND PERGOLAS, and buildings or portions  thereof  used
directly and exclusively in the raising and production for sale of agri-
cultural  and  horticultural  commodities  or  necessary for the storage
thereof, but not structures and buildings or portions thereof  used  for
the  processing  of  agricultural  and horticultural commodities, or the
retail merchandising of such commodities; (b) structures  and  buildings
used  to  provide  housing for regular and essential employees and their
immediate families who are primarily employed  in  connection  with  the
operation  of  lands  actively devoted to agricultural and horticultural
use, but not including structures and buildings occupied as a  residence
by  the applicant and his immediate family; (c) structures and buildings
used as indoor exercise arenas exclusively for training  and  exercising
horses  in  connection with the raising and production for sale of agri-
cultural and horticultural commodities or in connection with  a  commer-
cial horse boarding operation as defined in section three hundred one of
the  agriculture and markets law. For purposes of this section, the term
"indoor exercise arenas" shall not  include  riding  academies  or  dude
ranches;  (d)  structures  and buildings used in the production of maple
syrup; (e) structures and buildings used in the production of honey  and
beeswax including those structures and buildings used for the storage of
bees.  For purposes of this section, this shall not include those struc-
tures or buildings and portions thereof used for the sale of maple syrup
or sale of honey and beeswax. The term "structures and buildings"  shall
not  include silos, bulk milk tanks or coolers, or manure storage [and],
handling AND TREATMENT facilities as such terms are used in section four
hundred eighty-three-a of this title.
  S 24. This act shall  take  effect  immediately  and  shall  apply  to
assessment rolls prepared on the basis of taxable status dates occurring
on  or after such date; provided, however, that section five of this act
shall only apply to the creation of any agricultural  district  pursuant
to  section  303 of the agriculture and markets law commenced after such
effective date and section six of this  act  shall  only  apply  to  the
review  of  any  agricultural  district pursuant to section 303-a of the
agriculture and markets law commenced after such effective date.

2015-S4851A (ACTIVE) - Details

See Assembly Version of this Bill:: A8082
Law Section:: Agriculture and Markets Law
Laws Affected:: Rpld §304, §305 sub 1 ¶ e, sub 4 ¶ b, §305-a subs 2, 3 & 4, amd Ag & Mkts L, generally; amd §483, RPT L

2015-S4851A (ACTIVE) - Summary

Relates to agricultural districts law improvements.

2015-S4851A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4851A

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
agricultural districts law improvements; and the real property tax
law, in relation to tax exemptions for certain structures on
agricultural and horticultural lands; and to repeal certain provisions
of the agriculture and markets law relating to agricultural districts

Purpose of the Bill:

The purpose of this bill is to amend the Agriculture and Markets Law
(AML) to streamline the process for the creation, review and
consolidation of agricultural districts; and repeal certain provisions
of the law to improve efficiency, clarity and farmer protections. The
bill also amends the Real Property Tax Law's (RPTL) property tax
exemption for structures and buildings used exclusively in the raising
and production for sale of agricultural or horticultural commodities
to expressly include permanent and impermanent structures and
buildings.

Summary of Provisions:

Section 1 of the bill amends AML § 16 to add a new subdivision 48 to
authorize the Department to develop, and update, guidance and other

information to assist local officials in creating, reviewing and
consolidating agricultural districts; and assist the commissioner of
taxation and finance to support training of assessors and any other
local government officials who have responsibility for agricultural
assessment and taxation.

Section 2 of the bill amends subdivision 3 of AML § 301 to clarify the
definition of "farm woodland" as land used for the production of
woodland products intended for sale.

Section 3 of the bill amends subdivision 11 of AML § 301, the
definition of "farm operation," to the extent of renumbering of
subdivisions "16" and "17" as subdivisions "17" and "18" and amends
subdivision 12 of AML § 301, the definition of "agricultural data
statement," to reflect the inclusion of the agricultural data
statement provisions in the new § 305-b.

Section 4 of the bill renumbers subdivision "16" of AML § 301 as
subdivision "17".

Section 5 of the bill renumbers subdivision "17" of AML § 301 as
subdivision "18".

Section 6 amends AML § 303: (1) streamlining the process by removing
the requirement of (a) county planning board review; (b) a DEC
determination on a plan's consistency with environmental plans,
policies and objectives; and (c) a public hearing; (2) requiring
notice of the proposed district by posting on the county's website, in
addition to the currently required newspaper publication, coupled with
mail notice to affected municipalities, (3) modifying time periods so


as to conform to actual practice, and (4) establishing the district
upon the certification of the Commissioner

Section 7 amends AML § 303-a (1) requiring the review of the
agricultural district eight years after its creation and every eight
years thereafter, (2) providing for the same notice provisions for the
periodic review and public hearing as required for the initial plan
proposal; (3) setting a 45-day deadline for the agricultural and
farmland protection board's report; (4) granting the county
legislative body the power to adopt any modification of the review
plan it deems appropriate, (5) requiring the county legislative body
to complete the review process within a year of the district's
anniversary date, unless, upon the county legislature's request to the
commissioner and for good cause, the commissioner grants an extension
for up to six months; and (6) eliminating the DEC's review of the
district's continuation

Section 8 amends the AML by adding a new § 303-c to establish the
process for the consolidation of an existing agricultural district
with one undergoing review under Section 303-a.

Section 9 repeals AML § 304, eliminating the provisions for the
creation of agricultural districts for unique and irreplaceable lands.

Section 10 amends subdivision 1 of AML § 304-b to make a technical
correction to remove a reference to "planning" to more accurately
reflect the Department of Agriculture and Markets (Department)
Agricultural and Farmland Protection Programs which go beyond planning
grants.

Section 11 amends subparagraphs (ii) and (vi) of AML § 305(1) (d) to
increase the penalty which a local assessing unit may impose if a
landowner fails to notify the assessor about conversion of
agricultural land to a non-agricultural use to $1,000 (from $500) and
to increase the minimum payment amount which may be imposed by a local
assessing unit for conversion to $500 (from $100.

Section 12 would repeal AML § 305(1) (e), which authorizes state
assistance for districts created for unique and irreplaceable lands
under AML § 304, because those districts would no longer be authorized
due to the repeal of AML§ 304 under Section 5 of the bill This section
also re-letters paragraph "f' as paragraph "e".

Section 13 would repeal AML § 305(4) (b) to remove the requirement for
filing preliminary notices of intent to acquire specified amount of
land from actively operated farms in the agricultural district, or
undertake or support certain specified development activities within
an agricultural district.

Section 14 amends paragraphs "c", "d", "e" and "f" of subdivision "4"
of AML § 305 by relettering them as paragraphs "b", "c", "d" and "e";
removing references to final notices of intent; and providing that
notice of a commissioner's public hearing be posted on the
Department's website and sent by first class mail to affected
municipalities, rather than through publication.


Section 15 reletters paragraphs "g", "h" and "h-1" of subdivision "4"
of AML § 305 as paragraphs "f", "g" and "h".

Section 16 repeals subdivisions "2", "3" and "4" of AML § 305-a, in
relation to agricultural data statements, as Section "16" of the bill
adds this language in a new AML § 305-b.

Section 17 renumbers AML § 305-b as § 305-c and adds a new § 305-b,
titled "Agricultural Data Statement" to adopt the language repealed in
Section 15 of the bill.

Section 18 of the bill would amend subparagraph "iii" of paragraph "a"
and subparagraph "iv" of paragraph "b" of AML § 306(2) to increase the
penalty which a local assessing unit may impose if a landowner fails
to notify the assessor about conversion of agricultural land to a
non-agricultural use to $1,000 (from $500) and to increase the minimum
payment amount which may be imposed by a local assessing unit for
conversion to $500 (from $100).

Section 19 of the bill would amend AML § 307 to remove language
granting authority to promulgate regulations for consolidation of
agricultural districts because Section 7 of the bill (new AML § 303-c)
establishes a process for the consolidation of existing agricultural
districts.

Section 20 of the bill would amend AML § 309(6) to provide that the
Advisory Council on Agriculture (ACA) shall meet at least one time per
year.

Section 21 of the bill would amend Real Property Tax Law (RPTL)
483(2) to expressly provide that the term "structures and buildings"
includes permanent and impermanent structures, including trellises and
pergolas made of metal, string or wood.

Section 22 provides for an immediate effective date, except Section 6
shall only apply to the creation of any agricultural district pursuant
to AML § 303 commenced after such effective date and Section 7 shall
only apply to the review of any agricultural district pursuant to AML
§ 303-a commenced after the effective date.

Existing Law:

AML § 16 provides for various general powers of the Department.

AML § 301 defines terms for AML Article 25-AA, Agricultural Districts.

AML § 303 sets forth the process for Creation of Agricultural
Districts.

AML § 303-a provides for Review of Agricultural Districts.

AML § 304 authorizes the Creation of Agricultural Districts for Unique
and Irreplaceable Lands.

AML § 304-b requires reporting of agricultural district data to the
Governor and the Legislature.


AML § 305 (Agricultural Assessments), among other things, sets forth
various benefits for land in agricultural districts.

Subdivision 1 of AML § 305 provides for a maximum penalty of $500 for
failing to notify an assessor about conversion of agricultural land to
a non-agricultural use and authorizes a minimum payment of $100 for
such conversion.

Paragraph e of subdivision 1 of AML § 305 provides for State
assistance to localities for one-half of the tax loss that results
from requests for agricultural assessments in agricultural district
created under AML § 304.

Subdivision 4 of AML § 305 sets forth the requirements for filing
preliminary and final notices of intent with the Commissioner and the
County Agricultural and Farmland Protection Board.

Subdivisions 2, 3 and 4 of AML § 305-a require Agricultural Data
Statements.

Subdivision 1 of AML § 306 (Agricultural Assessments - Lands Outside
Agricultural Districts) provides for a maximum penalty of $500 for
failing to notify an assessor about conversion of agricultural land to
a non-agricultural use and authorizes a minimum payment of $100 for
such conversion.

AML § 307 provides authority for regulations to implement AML Article
25-AA, Agricultural Districts.

Subdivision 6 of AML § 309 (Advisory Council on Agriculture ACA)
requires that the ACA hold at least four meetings per year.

Subdivision 2 of RPTL § 483 sets forth various structures and
buildings used by farms that are exempt from the real property tax for
a period of 10 years from their construction or reconstruction.

Prior Legislative History:

This proposal was not approved for introduction in 2014.

Statement in Support:

The Agricultural Districts Law, enacted in 1971, has been amended many
times to: (a) better protect farms and farmers; (b) facilitate the
creation of agricultural districts: and (c) streamline the
establishment and review process for county governments and Department
staff. This bill is designed to streamline the creation, review and
consolidation process and to repeal certain provisions that have
created unnecessary delay or created inefficiencies.

Assistance to Counties with the Creation, Review and Consolidation of
Agricultural Districts; and Support for Agricultural Assessment
Training of Assessors

The proposed addition of subdivision 48 to AML § 16 acknowledges the
assistance that the Department currently provides to counties and
county agricultural and farmland protection boards with the


agricultural districts program as part of Department administration of
AML Article 25-AA. The Department often receives calls from local
assessors and the public concerning the agricultural assessment
program. The Department has been charged by the NYS Advisory Council
on Agriculture to participate in the agricultural assessment program,
coordinate with the Department of Taxation and Finance as needed, and
participate in the training of local government officials and the
public on this very important program. While the Department is not
statutorily required to provide such assistance, the Department makes
every effort to further the understanding of these critical provisions
of Article 25-AA, which help ensure that land stays in agricultural
production and that farm operations continue to be viable The proposed
amendment recognizes this role.

Farm Woodland and Agricultural Assessment

Under AML § 301(4) (d), up to 50 acres of "farm woodland" per parcel
is eligible for an agricultural assessment. However, so long as the
term "farm woodland" is defined in AML § 301(3) as "... land used for
the production for sale of woodland products ..." some land in
agricultural production may not be eligible for agricultural
assessment. For example, timber and forest products are long-term
products that do not produce annual revenue; especially if the
woodland is being managed for saw timber production. Further, farm
woodland is often used by farms to provide woodland products (such as
posts and lumber for fencing and firewood for heating) for on-farm
use.

Some assessors have denied farmers an agricultural assessment if they
cannot show annual sales of woodland products. This proposed amendment
would clarify that land used for the production of woodland products
intended for sale is eligible for agricultural assessment.

Enhanced Ease in Creation and Review of Agricultural Districts

The proposed amendments remove impediments and inefficiencies in the
creation and review process. Notice provisions have been updated to
include notification by posting on the web in addition to mail
notification of affected municipalities. The proposed amendments to
AML § 303-eliminate the requirement for public hearings after the
Commissioner's certification of the agricultural district proposal (A
public hearing is still required before the county acts to adopt or
reject the proposal as a plan.) Unrealistic time deadlines have been
eliminated.

County planning boards would no longer have to provide a report as
part of the process for the creation of agricultural districts The
boards would still be consulted as part of the process, however.

As the Department of Environmental Conservation (DEC) has not been
participating in the establishment or review of agricultural
districts, the proposal removes the DEC from the process to enhance
efficiencies In this regard, several years ago the Secretary of State
was removed from the district creation and review processes for lack
of participation.


The proposal designates an 8-year review period as no district created
since the law was adopted in 1971 has selected the 12-or 20-year
options.

As of July 1, 2013, 95 of the 238 districts (approximately 40%) were
not timely in conducting the 8-year reviews of districts required by
the AML. However, the 11 counties that have consolidated multiple
districts into a single, county-wide agricultural district were all
timely in the 8-year review process. These statistics evidence a need
to help counties streamline how they create, review and consolidate
agricultural districts, which these amendments seek to address.

Increased Penalties

AML §§ 305(1) and § 306 (2) require landowners to notify the assessor
when land receiving an agricultural assessment is converted to a
non-agricultural use and authorizes penalties and minimal payments for
such conversions to be imposed on landowners who fail to notify the
assessor of a conversion The penalties are established to ensure that
the assessor is made aware of a conversion so that conversion
payments, which compensate the locality for the prior benefits of
agricultural assessments received, may be calculated and levied on the
property.

Many assessing units do not levy these payments or penalties because
the current statutory amounts are too small. Increased penalties and
minimum payment amounts will encourage assessing units to levy the
payments and penalties and help ensure that landowners comply with the
law.

Property Tax Exemptions for Farming Structures

The proposed amendment of RPTL § 483(2) would make it clear that
permanent and impermanent structures, including metal, string, or wood
trellises and pergolas can qualify for the provisions a 10-year
property tax exemption for structures and buildings used exclusively
in the raising and production for sale of agricultural or
horticultural commodities.

Although an opinion of the former State Board of Equalization and
Assessment (Vol 3- Opns of Counsel SBEA No. 19) determined that that
newly constructed vineyard trellises come within the meaning of
"structures and buildings" for purposes of RPTL § 483(2), a statutory
clarification that ensures consistent results is important for the
hops producers and other farmers that use impermanent structures for
production.

Budget Implications:

None.

Local Impact:

This bill would not impose a mandate on a county, city, town, village,
school district or special district.


The resulting changes would provide no additional costs to municipal
governments. The changes to the Agricultural Districts Law streamline
the processes for creation, review and consolidation of agricultural
districts; thereby responding to local entities surveyed by the
Department. Thus, municipal governments should recognize cost savings
over time from these modifications.

Effective Date:

The amendments take effect upon enactment, except Section 5 shall only
apply to the creation of any agricultural district pursuant to AML
303 commenced after such effective date and Section 6 shall only apply
to the review of any agricultural district pursuant to AML § 303-a
commenced after the effective date.

2015-S4851A (ACTIVE) - Bill Text download pdf

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

                                 4851--A
    Cal. No. 1181

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 22, 2015
                               ___________

Introduced  by Sen. RITCHIE -- (at request of the Department of Agricul-
  ture and Markets) -- read twice and ordered printed, and when  printed
  to  be committed to the Committee on Agriculture -- reported favorably
  from said committee, ordered to first and second  report,  amended  on
  second  report,  ordered  to  a  third reading, and to be reprinted as
  amended, retaining its place in the order of third reading

AN ACT to amend the agriculture and markets law, in relation to agricul-
  tural districts law improvements; and the real property  tax  law,  in
  relation  to tax exemptions for certain structures on agricultural and
  horticultural lands; and to repeal certain provisions of the  agricul-
  ture and markets law relating to agricultural districts

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 2-e to read as follows:
  2-E. DEVELOP, AND UPDATE, GUIDANCE AND OTHER INFORMATION TO:
  (I)  ASSIST  COUNTY  LEGISLATIVE  BODIES,  AGRICULTURAL  AND  FARMLAND
PROTECTION BOARDS AND DEPARTMENTS IN CREATING AND REVIEWING AGRICULTURAL
DISTRICTS  PURSUANT  TO  SECTIONS  THREE  HUNDRED  THREE,  THREE HUNDRED
THREE-A AND THREE HUNDRED THREE-B OF THIS CHAPTER; AND
  (II) ASSIST THE COMMISSIONER OF TAXATION AND FINANCE TO SUPPORT TRAIN-
ING OF ASSESSORS AND ANY  OTHER  LOCAL  GOVERNMENT  OFFICIALS  WHO  HAVE
RESPONSIBILITY FOR AGRICULTURAL ASSESSMENT AND TAXATION.
  S  2. Subdivision 3 of section 301 of the agriculture and markets law,
as amended by chapter 797 of the laws of 1992, is  amended  to  read  as
follows:
  3.  "Farm  woodland"  means land used for the production [for sale] of
woodland products INTENDED FOR SALE, including but not limited to  logs,
lumber, posts and firewood. Farm woodland shall not include land used to
produce  Christmas  trees  or  land  used  for  the processing or retail
merchandising of woodland products.

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

                                                           LBD09504-04-5

S. 4851--A                          2

  S 3. Subdivision 11 of section 301 of the agriculture and markets law,
as amended by chapter 384 of the laws of 2011, is  amended  to  read  as
follows:
  11.  "Farm operation" means the land and on-farm buildings, equipment,
manure processing and handling facilities, and practices which  contrib-
ute to the production, preparation and marketing of crops, livestock and
livestock  products  as a commercial enterprise, including a "commercial
horse boarding operation" as defined in  subdivision  thirteen  of  this
section, a "timber operation" as defined in subdivision fourteen of this
section,  "compost, mulch or other biomass crops" as defined in subdivi-
sion [sixteen] SEVENTEEN of this section and "commercial  equine  opera-
tion"  as  defined  in subdivision [seventeen] EIGHTEEN of this section.
Such farm operation may consist of one or more parcels of owned or rent-
ed land, which parcels may be contiguous or noncontiguous to each other.
  S 4. Subdivision 12 of section 301 of the agriculture and markets law,
as added by chapter 534 of the laws of  1992,  is  amended  to  read  as
follows:
  12.  "Agricultural  data  statement"  means  an identification of farm
operations within an agricultural district located within  five  hundred
feet  of the boundary of property upon which an action requiring munici-
pal review and approval by the planning board, zoning board of  appeals,
town  board, or village board of trustees pursuant to article sixteen of
the town law or article  seven  of  the  village  law  is  proposed,  as
provided in section three hundred [five-a] FIVE-B of this article.
  S  5.  Subdivisions  16  and  17 of section 301 of the agriculture and
markets law, subdivision 16 as added by chapter 536 of the laws of 2008,
are renumbered subdivisions 17 and 18.
  S 6. Section 303 of the agriculture and markets  law,  as  amended  by
chapter 797 of the laws of 1992, subdivision 1 as amended by chapter 463
of  the  laws of 2014, subparagraph 1 of paragraph a of subdivision 2 as
amended by chapter 213 of the laws of 2007, subparagraph 3 of  paragraph
e  of  subdivision 2, and subdivisions 5 and 6 as amended by chapter 102
of the laws of 1998, subdivision 4 as amended by chapter 523 of the laws
of 2003, paragraph a of subdivision 5 and paragraph a of  subdivision  6
as  designated  by  chapter 687 of the laws of 2002 and subdivision 7 as
amended by chapter 357 of the laws  of  1997,  is  amended  to  read  as
follows:
  S 303. Agricultural  districts;  creation.  1.  Any owner or owners of
land may submit a proposal  to  the  county  legislative  body  for  the
creation  of  an agricultural district within such county, provided that
such owner or owners own at least two hundred fifty acres [or  at  least
ten  per  cent]  of  the  land proposed to be included in the district[,
whichever is greater].  Such proposal shall be submitted in such  manner
and  form  as  may  be  prescribed  by the commissioner, shall include a
description of the proposed district, including a  map  delineating  the
exterior  boundaries  of  the district which shall conform to tax parcel
boundaries, and the tax map identification numbers for every  parcel  in
the proposed district. The proposal [may recommend an appropriate] SHALL
INCLUDE A review period of [either] eight[, twelve or twenty] years.
  2. Upon the receipt of such a proposal, the county legislative body:
  a.  shall  thereupon  provide  notice of such proposal by publishing a
notice in a newspaper having general  circulation  within  the  proposed
district  and  by  POSTING  A  NOTICE  ON  THE HOME PAGE OF THE COUNTY'S
WEBSITE; posting such notice  in  five  conspicuous  places  within  the
proposed  district;  AND PROVIDING SUCH NOTICE IN WRITING BY FIRST CLASS

S. 4851--A                          3

MAIL TO THOSE MUNICIPALITIES WHOSE TERRITORY  ENCOMPASSES  THE  PROPOSED
DISTRICT. The notice shall contain the following information:
  (1)  a statement that a proposal for an agricultural district has been
filed with the county legislative body pursuant to this article;
  (2) a statement that the proposal will  be  on  file  open  to  public
inspection in the county clerk's office;
  (3) a statement that any COUNTY LANDOWNER OR municipality whose terri-
tory  encompasses  the  proposed  district [or any landowner who owns at
least ten per cent of the  land  proposed  to  be  included  within  the
proposed  modification of the proposed district] may propose a modifica-
tion of the proposed  district  in  such  form  and  manner  as  may  be
prescribed by the commissioner [of agriculture and markets];
  (4)  a statement that the proposed modification must be filed with the
county clerk and the clerk of the county legislature within thirty  days
[after] OF the publication AND POSTING AND MAILING of such notice; AND
  (5)  a statement that at the termination of the thirty day period, the
proposal and proposed modifications will be  submitted  to  the  [county
planning  board  and]  county agricultural and farmland protection board
and that thereafter a public hearing  will  be  held  on  the  proposal,
proposed  modifications, and recommendations of the [planning board and]
county agricultural and farmland protection board;
  b. shall receive any proposals  for  modifications  of  such  proposal
which  may  be  submitted  by  [such  landowners  or]  PROPONENTS OF THE
DISTRICT, ANY COUNTY LANDOWNERS OR  municipalities  within  thirty  days
[after] OF the publication AND POSTING AND MAILING of such notice;
  c.  shall,  upon the termination of such thirty day period, refer such
proposal and proposed modifications to the county [planning board, which
shall, within forty-five days, report to the county legislative body the
potential effect of such proposal and proposed  modifications  upon  the
county's planning policies and objectives;
  d. shall simultaneously, upon the termination of such thirty day peri-
od,  refer such proposal and proposed modifications to the county] agri-
cultural and farmland protection board, which shall, AFTER  CONSULTATION
WITH  THE  COUNTY  PLANNING  BOARD, within forty-five days report to the
county legislative body its recommendations concerning the proposal  and
proposed modifications[, and]; AND
  [e.] D. shall hold a public hearing in the following manner:
  (1)  The hearing shall be held at a place within the proposed district
or otherwise readily accessible to the proposed district;
  (2) The notice shall contain the following information:
  (a) a statement of the time, date and place of the public hearing;
  (b) a description of the proposed district, any proposed additions and
any recommendations of the [county planning board  or]  county  agricul-
tural and farmland protection board; AND
  (c) a statement that the public hearing will be held concerning:
  (i) the original proposal;
  (ii)  any  written  amendments  proposed  during the thirty day review
period; AND
  (iii) any recommendations proposed  by  the  county  agricultural  and
farmland protection board [and/or the county planning board.];
  (3)  The  notice  shall  be  published in a newspaper having a general
circulation within the proposed district AND POSTED ON THE HOME PAGE  OF
THE  COUNTY'S  WEBSITE and shall be given in writing BY FIRST CLASS MAIL
to  those  municipalities  whose  territory  encompasses  the   proposed
district  and any proposed modifications, owners of real property within
such a proposed district or any proposed modifications who are listed on

S. 4851--A                          4

the most recent assessment roll, the commissioner[, the commissioner  of
environmental conservation] and the advisory council on agriculture.
  3.  The  following factors shall be considered by the [county planning
board, the] county agricultural and  farmland  protection  board[,]  and
IDENTIFIED AS ISSUES FOR COMMENT at [any] THE public hearing:
  [i.]  A.  the viability of active farming within the proposed district
and in areas adjacent thereto;
  [ii.] B. the presence of any viable farm  lands  within  the  proposed
district and adjacent thereto that are not now in active farming;
  [iii.] C. the nature and extent of land uses other than active farming
within the proposed district and adjacent thereto;
  [iv.] D. county developmental patterns and needs; and
  [v.]  E.  any  other  matters  which [may] THE COUNTY LEGISLATIVE BODY
DEEMS TO be relevant.
  In  judging  viability,  any  relevant  agricultural  viability   maps
prepared  by  the  commissioner  [of  agriculture  and markets] shall be
considered, as well as soil, climate, topography, other natural factors,
markets for farm products, the extent and nature of  farm  improvements,
the  present  status  of  farming,  anticipated  trends  in agricultural
economic conditions and technology, and such other  factors  as  may  be
relevant.
  4.  The  county  legislative body, after receiving the [reports of the
county planning board and] REPORT  AND  RECOMMENDATIONS,  INCLUDING  ANY
RECOMMENDATIONS OF THE COUNTY PLANNING BOARD, OF the county agricultural
and  farmland  protection board and after such public hearing, may adopt
as a plan the proposal or any modification  of  the  proposal  it  deems
appropriate[,  and shall adopt as part of the plan an appropriate review
period of either eight, twelve or twenty  years.  The  plan  as  adopted
shall,  to  the extent feasible, include adjacent viable farm lands, and
exclude, to the extent feasible, nonviable farm land and non-farm  land.
The  plan shall include only whole tax parcels in the proposed district.
The county legislative body shall act to adopt or reject  the  proposal,
or  any  modification  of it, no later than one hundred eighty days from
the date the proposal was submitted to this body. Upon the adoption of a
plan, the county legislative body shall submit it to  the  commissioner.
The  commissioner  may,  upon application by the county legislative body
and for good cause shown, extend the period for adoption and  submission
once  for an additional thirty days. Where he or she does so, the county
legislative body may extend the period for the report  from  the  county
planning board and/or the period for the report from the county agricul-
tural and farmland protection board] OR MAY ACT TO REJECT THE PROPOSAL.
  5. [a.] ALL PLANS THAT ARE ADOPTED SHALL INCLUDE:  (A) A REVIEW PERIOD
OF EIGHT YEARS; (B) ONLY WHOLE TAX PARCELS IN THE PROPOSED DISTRICT; AND
(C)  TO  THE  EXTENT  FEASIBLE,  INCLUDE ADJACENT VIABLE FARM LANDS, AND
EXCLUDE, TO THE EXTENT FEASIBLE, NONVIABLE FARM LAND AND NON-FARM LAND.
  6. UPON THE ADOPTION OF A PLAN,  THE  COUNTY  LEGISLATIVE  BODY  SHALL
SUBMIT  IT  TO THE COMMISSIONER. ADOPTED PLANS SHALL BE SUBMITTED WITHIN
ONE YEAR AFTER RECEIPT OF A COMPLETE PROPOSAL AS DESCRIBED  IN  SUBDIVI-
SION  ONE OF THIS SECTION. THE COMMISSIONER MAY, UPON APPLICATION BY THE
COUNTY LEGISLATIVE BODY AND FOR GOOD CAUSE SHOWN, EXTEND THE PERIOD  FOR
SUBMISSION ONCE FOR UP TO SIX ADDITIONAL MONTHS.
  7.  The  commissioner  shall have sixty days after receipt of the plan
within which to certify to  the  county  legislative  body  whether  the
[proposal,  or  a  modification  of  the proposal,] PLAN is eligible for
districting, whether the area to be districted consists predominantly of
viable agricultural land, and whether the plan of the proposed  district

S. 4851--A                          5

is  feasible,  and  will serve the public interest by assisting in main-
taining a viable agricultural  industry  within  the  district  and  the
state. The commissioner shall submit a copy of such plan to the [commis-
sioner  of environmental conservation, who shall have thirty days within
which to report his or her determination to the commissioner. A copy  of
such  plan  shall  also be provided to the] advisory council on agricul-
ture. [The commissioner shall not  certify  the  plan  as  eligible  for
districting  unless  the  commissioner of environmental conservation has
determined that the area to be districted is consistent with state envi-
ronmental plans, policies and objectives.
  6. a. Within sixty days after the certification  by  the  commissioner
that the proposed area is eligible for districting, and that districting
would  be consistent with state environmental plans, policies and objec-
tives, the county legislative body may hold  a  public  hearing  on  the
plan,  except  that it shall hold a public hearing if the plan was modi-
fied by the commissioner or was modified by the county legislative  body
after  they  held the public hearing required by paragraph e of subdivi-
sion two of this section and such modification was not considered at the
original hearing. Notice of any such hearing shall  be  in  a  newspaper
having  general  circulation  in  the  area of the proposed district and
individual notice, in writing, to those municipalities whose territories
encompass the proposed district modifications, the persons  owning  land
directly  affected  by  the proposed district modifications, the commis-
sioner, the commissioner of environmental conservation and the  advisory
council  on  agriculture.  The  proposed  district, if certified without
modification by the commissioner, shall  become  effective  thirty  days
after  the  termination of such public hearing or, if there is no public
hearing, ninety days after such certification  unless  its  creation  is
disapproved by the county legislative body within such period. Provided,
however, that if, on a date within the thirty days after the termination
of  such  public  hearing  or, if there is no public hearing, within the
ninety days  after  such  certification,  the  county  legislative  body
approves  creation of the district, such district shall become effective
on such date. Provided further, that notwithstanding any other provision
of this subdivision, if the  commissioner  modified  the  proposal,  the
district  shall  not become effective unless the county legislative body
approves the modified district; such approval must be given  on  a  date
within  the thirty days after the termination of the public hearing; and
the district, if approved, shall become effective on such  date.  Before
approving or disapproving any proposal modified by the commissioner, the
county  legislative  body may request reports on such modified proposal,
from the county planning board and the county agricultural and  farmland
protection board.
  7.] 8. IF THE COMMISSIONER CERTIFIES THE PLAN OF THE PROPOSED DISTRICT
PURSUANT  TO  SUBDIVISION  SEVEN  OF THIS SECTION, THE DISTRICT SHALL BE
CREATED IMMEDIATELY UPON CERTIFICATION.
  9. Upon the creation of  an  agricultural  district,  the  description
thereof,  which  shall  include  tax  map identification numbers for all
parcels within the district, plus a map delineating the exterior bounda-
ries of the district in relation to  tax  parcel  boundaries,  shall  be
filed  by  the county legislative body with the county clerk, the county
director of real property tax services, and the commissioner.  [For  all
existing  agricultural  districts, the county clerk shall also file with
the commissioner upon request the tax map identification numbers for tax
parcels within those districts.] The commissioner, on  petition  of  the
county  legislative  body,  may,  for  good  cause  shown,  approve  the

S. 4851--A                          6

correction of any errors in  materials  filed  pursuant  to  a  district
creation  at  any  time  subsequent  to the creation of any agricultural
district.
  S  7.  Section  303-a  of the agriculture and markets law, as added by
chapter 357 of the laws of 1997, paragraph b of subdivision 2 as  added,
paragraph  c  of subdivision 2 as relettered, and clause (b) of subpara-
graph 3 of paragraph c of subdivision 2 and subdivision 3 as amended  by
chapter  213  of the laws of 2007, subdivision 4 as added by chapter 290
of the laws of 1999 and subdivision 5 as amended by chapter 120  of  the
laws of 2010, is amended to read as follows:
  S  303-a.  Agricultural  districts;  review. 1. The county legislative
body shall review  any  district  created  under  [this]  section  THREE
HUNDRED  THREE OF THIS ARTICLE eight[, twelve or twenty] years after the
date of its creation[, consistent with the review period  set  forth  in
the  plan creating such district] and at the end of every eight[, twelve
or twenty] year period thereafter[, whichever  may  apply.  In  counties
with  multiple  districts  with review dates in any twelve month period,
the commissioner, on petition of the county legislative body,  may,  for
good  cause  shown,  approve  an  extension  of  up  to four years for a
district review. Thereafter, the extended review date  shall  be  deemed
the  creation  date  for  purposes  of  subsequent reviews by the county
legislative body in accordance with this section.  The review date of  a
district  may not be extended more than four years.  The petition of the
county legislative body for an  extension  shall  be  submitted  to  the
commissioner at least six months prior to the review date].
  2. In conducting a district review the county legislative body shall:
  a.  provide notice of such district review by publishing a notice in a
newspaper having general circulation within the district and by  POSTING
A  NOTICE  ON THE HOME PAGE OF THE COUNTY'S WEBSITE; posting such notice
in at least five conspicuous places within the district;  AND  PROVIDING
SUCH NOTICE IN WRITING BY FIRST CLASS MAIL TO THOSE MUNICIPALITIES WHOSE
TERRITORY  ENCOMPASSES THE DISTRICT. The notice shall identify the muni-
cipalities in which the district is found and the district's total area;
indicate that a map of the district will be on file and open  to  public
inspection  in  the  office of the county clerk and such other places as
the legislative body deems appropriate; and  notify  municipalities  and
land  owners within the district that they may propose a modification of
the district by filing such proposal with  the  [county]  clerk  of  the
county  legislature  within  thirty  days [after] OF the publication AND
POSTING AND MAILING of such notice;
  b. direct the county agricultural and  farmland  protection  board  to
prepare a report WITHIN FORTY-FIVE DAYS concerning the following:
  (1)  the  nature  and status of farming and farm resources within such
district, including the total number of acres  of  land  and  the  total
number of acres of land in farm operations in the district;
  (2)  the extent to which the district has achieved its original objec-
tives;
  (3) the extent to which county and local comprehensive plans, policies
and objectives are consistent with and support the district;
  (4) the degree of coordination between local laws,  ordinances,  rules
and regulations that apply to farm operations in such district and their
influence on farming; and
  (5) recommendations to continue, terminate or modify such district.
  c.  hold  a  public hearing [at least one hundred twenty days prior to
the district review date and not more than one hundred eighty days prior
to such date,] in the following manner:

S. 4851--A                          7

  (1) the hearing shall be held at a place within the district or other-
wise readily accessible to the proposed district;
  (2)  a  notice  of  public  hearing  shall be published in a newspaper
having a general circulation within the district AND POSTED ON THE  HOME
PAGE  OF  THE  COUNTY'S  WEBSITE  and shall be given in writing BY FIRST
CLASS MAIL to  those  municipalities  whose  territories  encompass  the
district  and any proposed modifications to the district; to persons, as
listed on the most recent assessment roll, whose land is the subject  of
a proposed modification; and to the commissioner;
  (3) the notice of hearing shall contain the following information:
  (a) a statement of the time, date and place of the public hearing; and
  (b)  a description of the district, any proposed modifications and any
recommendations of  the  county  agricultural  and  farmland  protection
board.
  3.  A.  The  county  legislative  body, after receiving the report and
recommendation of the county agricultural and farmland protection board,
and after public hearing, shall make  a  finding  whether  the  district
should  be  continued, terminated or modified. If the county legislative
body finds that the district should be terminated, it may do so  at  the
end  of  such  eight[,  twelve or twenty] year period[, whichever may be
applicable,] by filing a notice of termination with the county clerk and
the commissioner.
  B. THE COUNTY LEGISLATIVE BODY  MAY  ADOPT  ANY  MODIFICATION  OF  THE
DISTRICT REVIEW PLAN IT DEEMS APPROPRIATE.
  C.  If  the  county legislative body finds that the district should be
continued or modified, it shall submit [a] THE district review  plan  to
the  commissioner.  The district review plan shall include a description
of the district, including a map delineating the exterior boundaries  of
the  district  which shall conform to tax parcel boundaries; the tax map
identification numbers for every parcel in the district; a copy  of  the
report of the county agricultural and farmland protection board required
by  paragraph  b  of  subdivision two of this section; and a copy of the
testimony given at the public hearing required by paragraph c of  subdi-
vision two of this section or a copy of the minutes of such hearing.
  4.  THE  COUNTY  LEGISLATIVE  BODY  SHALL  COMPLETE THE REVIEW PROCESS
DESCRIBED IN THIS SECTION BY EITHER TERMINATING, CONTINUING, OR  MODIFY-
ING  THE  DISTRICT  ON  OR  BEFORE  THE DISTRICT'S ANNIVERSARY DATE. THE
COMMISSIONER MAY, UPON APPLICATION BY THE COUNTY  LEGISLATIVE  BODY  AND
FOR  GOOD  CAUSE SHOWN, EXTEND THE PERIOD FOR A DISTRICT REVIEW ONCE FOR
UP TO SIX ADDITIONAL MONTHS. If the county  legislative  body  does  not
act, or if a modification of a district is rejected by the county legis-
lative  body,  the  district  shall  continue as originally constituted,
unless the commissioner, after consultation with the advisory council on
agriculture, terminates such district, by filing a notice  thereof  with
the county clerk, because[:
  a.]  the  area in the district is no longer predominantly viable agri-
cultural land[; or
  b. the commissioner of environmental conservation has determined  that
the  continuation  of  the  district  would not be consistent with state
environmental plans, policies and objectives; provided, however, that if
the commissioner certifies to the county legislative body that he or she
will not approve the continuance of the district  unless  modified,  the
commissioner shall grant the county an extension as provided in subdivi-
sion  one  of this section to allow the county to prepare a modification
of the district in the manner provided in this section].

S. 4851--A                          8

  5. Plan review, certification, correction of  any  errors  and  filing
shall  be  conducted in the same manner prescribed for district creation
in [subdivisions five, six and seven of] section three hundred three  of
this article.
  S  8.  The  agriculture  and  markets  law  is amended by adding a new
section 303-c to read as follows:
  S 303-C. CONSOLIDATION OF AGRICULTURAL  DISTRICTS.  EXISTING  AGRICUL-
TURAL DISTRICTS MAY BE CONSOLIDATED WITH AN EXISTING DISTRICT UNDERGOING
REVIEW PURSUANT TO AND IN THE SAME MANNER PRESCRIBED FOR DISTRICT REVIEW
IN  SECTION  THREE HUNDRED THREE-A OF THIS ARTICLE. THE NOTICE OF PUBLIC
HEARING REQUIRED BY SUBDIVISION TWO OF SECTION THREE HUNDRED THREE-A  OF
THIS  ARTICLE  SHALL  BE  GIVEN  IN WRITING BY FIRST CLASS MAIL TO THOSE
MUNICIPALITIES WHOSE TERRITORIES ENCOMPASS THE DISTRICTS PROPOSED TO  BE
CONSOLIDATED;  AND  TO ALL PERSONS, AS LISTED ON THE MOST RECENT ASSESS-
MENT ROLL, WHOSE LAND IS THE SUBJECT OF  A  PROPOSED  CONSOLIDATION.  IN
ADDITION TO THE INFORMATION REQUIRED BY SUBDIVISION TWO OF SECTION THREE
HUNDRED  THREE-A  OF  THIS ARTICLE, THE NOTICE OF HEARING SHALL IDENTIFY
THE DISTRICT INTO WHICH THE  EXISTING  DISTRICT  OR  DISTRICTS  WILL  BE
CONSOLIDATED AND THE NEW ANNIVERSARY DATE FOR THE CONSOLIDATED DISTRICT.
  S 9. Section 304 of the agriculture and markets law is REPEALED.
  S  10.  Subdivision  1 of section 304-b of the agriculture and markets
law, as amended by chapter 213 of the laws of 2007, is amended  to  read
as follows:
  1.  The commissioner shall file a written report with the governor and
the legislature on January first,  two  thousand  eight  and  biennially
thereafter,  covering  each  prior  period  of two years, concerning the
status of the agricultural districts program. Such report shall include,
but not be limited to, the total number of agricultural  districts,  the
total  number of acres in agricultural districts, a list of the counties
that have established county agricultural and farmland protection plans,
and a summary of the agricultural protection [planning] grants program.
  S 11. Subparagraphs (ii) and (vi) of paragraph d of subdivision  1  of
section  305  of  the agriculture and markets law, as amended by chapter
385 of the laws of 1994, are amended to read as follows:
  (ii) Whenever a conversion occurs, the owner shall notify the assessor
within ninety days of the date such  conversion  is  commenced.  If  the
landowner  fails to make such notification within the ninety day period,
the assessing unit, by majority vote of the governing body, may impose a
penalty on behalf of the assessing unit of up to  two  times  the  total
payments  owed,  but  not  to  exceed  a  maximum total penalty of [five
hundred] ONE THOUSAND dollars in addition to any payments owed.
  (vi) The assessing unit, by majority vote of the governing  body,  may
impose  a  minimum  payment  amount,  not  to  exceed [one] FIVE hundred
dollars.
  S 12. Paragraph e of subdivision 1 of section 305 of  the  agriculture
and markets law is REPEALED and paragraph f is relettered paragraph e.
  S  13.  Paragraph b of subdivision 4 of section 305 of the agriculture
and markets law is REPEALED.
  S 14. Paragraphs c, d, e and f of subdivision 4 of section 305 of  the
agriculture  and  markets  law, paragraph c as amended by chapter 235 of
the laws of 1995, paragraphs d and e as amended by chapter  797  of  the
laws  of  1992  and paragraph f as amended by chapter 102 of the laws of
1998, are amended to read as follows:
  [c.] B. The agency, corporation or  government  proposing  the  action
shall  also,  at  least  sixty-five  days  prior  to  such  acquisition,
construction or advance of public funds, file a [final] notice of intent

S. 4851--A                          9

with  the  commissioner  and  the  county  agricultural   and   farmland
protection board.  Such [final] notice shall include a detailed agricul-
tural impact statement setting forth the following:
  (i) a detailed description of the proposed action and its agricultural
setting;
  (ii)  the  agricultural impact of the proposed action including short-
term and long-term effects;
  (iii) any adverse agricultural effects which cannot be avoided  should
the proposed action be implemented;
  (iv) alternatives to the proposed action;
  (v)  any  irreversible  and  irretrievable commitments of agricultural
resources which would be involved in the proposed action  should  it  be
implemented;
  (vi)  mitigation  measures  proposed to minimize the adverse impact of
the proposed action on the continuing viability of a farm enterprise  or
enterprises within the district;
  (vii)  any  aspects  of the proposed action which would encourage non-
farm development, where applicable and appropriate; and
  (viii) such other information as the commissioner may require.
  The commissioner shall promptly determine whether the  [final]  notice
is  complete  or  incomplete.  If  the  commissioner does not issue such
determination within thirty days, the [final]  notice  shall  be  deemed
complete.  If  the  [final]  notice  is determined to be incomplete, the
commissioner shall notify the party proposing the action in  writing  of
the  reasons for that determination. Any new submission shall commence a
new period for department review for purposes of  determining  complete-
ness.
  [d.]  C.  The  provisions  of [paragraphs] PARAGRAPH b [and c] of this
subdivision shall not apply and shall be deemed waived by the  owner  of
the land to be acquired where such owner signs a document to such effect
and provides a copy to the commissioner.
  [e.]  D. Upon notice from the commissioner that he or she has accepted
a [final] notice as  complete,  the  county  agricultural  and  farmland
protection board may, within thirty days, review the proposed action and
its  effects  on  farm  operations and agricultural resources within the
district, and report its findings and recommendations to the commission-
er and to the party proposing the action in the case of actions proposed
by a state agency or public benefit corporation, and additionally to the
county legislature in the case of actions proposed by  local  government
agencies.
  [f.]  E.  Upon receipt and acceptance of a [final] notice, the commis-
sioner shall thereupon forward a copy of such notice to the commissioner
of environmental conservation and the advisory council  on  agriculture.
The commissioner, in consultation with the commissioner of environmental
conservation  and the advisory council on agriculture, within forty-five
days of the acceptance of a [final] notice, shall  review  the  proposed
action  and make an initial determination whether such action would have
an unreasonably adverse effect on the continuing  viability  of  a  farm
enterprise  or  enterprises  within the district, or state environmental
plans, policies and objectives.
  If the commissioner so determines, he or she may (i)  issue  an  order
within  the  forty-five  day  period  directing the state agency, public
benefit corporation or local government not to take such action  for  an
additional  period  of  sixty days immediately following such forty-five
day period; and (ii) review the proposed action to determine whether any
reasonable and practicable alternative or alternatives exist which would

S. 4851--A                         10

minimize or avoid the adverse impact on agriculture in order to  sustain
a viable farm enterprise or enterprises within the district.
  The  commissioner  may  hold a public hearing concerning such proposed
action at a place within the district or otherwise easily accessible  to
the  district  upon  notice  in a newspaper having a general circulation
within the district AND POSTED ON THE  HOME  PAGE  OF  THE  DEPARTMENT'S
WEBSITE,  and  individual notice, in writing BY FIRST CLASS MAIL, to the
municipalities whose territories encompass the district, the commission-
er of environmental conservation, the advisory  council  on  agriculture
and  the  state  agency,  public benefit corporation or local government
proposing to take such action. On or before the conclusion of such addi-
tional sixty day period, the commissioner shall report his or her  find-
ings  to  the  agency,  corporation or government proposing to take such
action, to any public agency having the power of review of  or  approval
of  such action, and, in a manner conducive to the wide dissemination of
such findings, to the public.  If  the  commissioner  concludes  that  a
reasonable and practicable alternative or alternatives exist which would
minimize  or  avoid the adverse impact of the proposed action, he or she
shall propose that such alternative or alternatives be accepted. If  the
agency,  corporation  or  government  proposing  the  action accepts the
commissioner's proposal, then the requirements of the notice  of  intent
filing  shall be deemed fulfilled. If the agency, corporation or govern-
ment rejects the commissioner's proposal,  then  it  shall  provide  the
commissioner  with  reasons  for  rejecting such proposal and a detailed
comparison between its proposed action and the  commissioner's  alterna-
tive or alternatives.
  S  15.  Paragraphs g, h and h-1 of subdivision 4 of section 305 of the
agriculture and markets law are relettered paragraphs f, g and h.
  S 16. Subdivisions 2, 3 and 4 of section 305-a of the agriculture  and
markets law are REPEALED.
  S  17.  Section 305-b of the agriculture and markets law is renumbered
section 305-c and a new section 305-b is added to read as follows:
  S 305-B. AGRICULTURAL DATA STATEMENT. 1. SUBMISSION, EVALUATION.   ANY
APPLICATION  FOR A SPECIAL USE PERMIT, SITE PLAN APPROVAL, USE VARIANCE,
OR SUBDIVISION APPROVAL REQUIRING MUNICIPAL REVIEW  AND  APPROVAL  BY  A
PLANNING BOARD, ZONING BOARD OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF
TRUSTEES PURSUANT TO ARTICLE SIXTEEN OF THE TOWN LAW OR ARTICLE SEVEN OF
THE  VILLAGE  LAW,  THAT  WOULD OCCUR ON PROPERTY WITHIN AN AGRICULTURAL
DISTRICT CONTAINING A FARM OPERATION  OR  ON  PROPERTY  WITH  BOUNDARIES
WITHIN  FIVE HUNDRED FEET OF A FARM OPERATION LOCATED IN AN AGRICULTURAL
DISTRICT, SHALL INCLUDE AN AGRICULTURAL  DATA  STATEMENT.  THE  PLANNING
BOARD, ZONING BOARD OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF TRUSTEES
SHALL  EVALUATE  AND  CONSIDER  THE  AGRICULTURAL  DATA STATEMENT IN ITS
REVIEW OF THE POSSIBLE IMPACTS OF THE PROPOSED PROJECT  UPON  THE  FUNC-
TIONING OF FARM OPERATIONS WITHIN SUCH AGRICULTURAL DISTRICT. THE INFOR-
MATION  REQUIRED  BY  AN  AGRICULTURAL DATA STATEMENT MAY BE INCLUDED AS
PART OF ANY OTHER APPLICATION FORM REQUIRED BY LOCAL LAW,  ORDINANCE  OR
REGULATION.
  2. NOTICE PROVISION. UPON THE RECEIPT OF SUCH APPLICATION BY THE PLAN-
NING  BOARD,  ZONING  BOARD  OF APPEALS, TOWN BOARD, OR VILLAGE BOARD OF
TRUSTEES, THE CLERK OF SUCH BOARD SHALL  MAIL  WRITTEN  NOTICE  OF  SUCH
APPLICATION  TO THE OWNERS OF LAND AS IDENTIFIED BY THE APPLICANT IN THE
AGRICULTURAL DATA STATEMENT. THE NOTICE SHALL INCLUDE A  DESCRIPTION  OF
THE  PROPOSED  PROJECT  AND ITS LOCATION, AND MAY BE SENT IN CONJUNCTION
WITH ANY OTHER NOTICE REQUIRED BY STATE OR LOCAL LAW, ORDINANCE, RULE OR

S. 4851--A                         11

REGULATION FOR THE PROJECT. THE COST OF  MAILING  THE  NOTICE  SHALL  BE
BORNE BY THE APPLICANT.
  3. CONTENT. AN AGRICULTURAL DATA STATEMENT SHALL INCLUDE THE FOLLOWING
INFORMATION: THE NAME AND ADDRESS OF THE APPLICANT; A DESCRIPTION OF THE
PROPOSED  PROJECT AND ITS LOCATION; THE NAME AND ADDRESS OF ANY OWNER OF
LAND WITHIN THE AGRICULTURAL DISTRICT, WHICH LAND  CONTAINS  FARM  OPER-
ATIONS  AND  IS  LOCATED WITHIN FIVE HUNDRED FEET OF THE BOUNDARY OF THE
PROPERTY UPON WHICH THE PROJECT IS PROPOSED; AND A TAX MAP OR OTHER  MAP
SHOWING  THE  SITE  OF  THE PROPOSED PROJECT RELATIVE TO THE LOCATION OF
FARM OPERATIONS IDENTIFIED IN THE AGRICULTURAL DATA STATEMENT.
  S 18. Subparagraph (iii) of paragraph a and subparagraph (iv) of para-
graph b of subdivision 2 of section 306 of the agriculture  and  markets
law,  as amended by chapter 680 of the laws of 1994, are amended to read
as follows:
  (iii) Whenever a conversion occurs, the owner shall notify the  asses-
sor  within ninety days of the date such conversion is commenced. If the
landowner fails to make such notification within the ninety day  period,
the assessing unit, by majority vote of the governing body, may impose a
penalty  on  behalf  of  the assessing unit of up to two times the total
payments owed, but not to  exceed  a  maximum  total  penalty  of  [five
hundred] ONE THOUSAND dollars in addition to any payments owed.
  (iv)  The assessing unit, by majority vote of the government body, may
impose a minimum payment  amount,  not  to  exceed  [one]  FIVE  hundred
dollars.
  S  19.  Section  307 of the agriculture and markets law, as amended by
chapter 235 of the laws of 1995 and as further  amended  by  subdivision
(d) of section 1 of part W of chapter 56 of the laws of 2010, is amended
to read as follows:
  S 307. Promulgation  of  rules  and  regulations.  The commissioner of
taxation and finance and the commissioner are each empowered to  promul-
gate  such  rules  and  regulations  and to prescribe such forms as each
shall deem necessary to effectuate the purposes of this article  [,  and
the commissioner is further empowered to promulgate such rules and regu-
lations  as are necessary to provide for the reasonable consolidation of
existing agricultural districts with new agricultural districts or  with
other  existing  districts  undergoing  modification pursuant to section
three hundred three of this article]. Where  a  document  or  any  other
paper  or  information is required, by such rules and regulations, or by
any provision of this article, to be filed with, or by, a  county  clerk
or any other local official, such clerk or other local official may file
such document, paper, or information as he OR SHE deems proper, but [he]
shall  also file or record it in any manner directed by the commissioner
of taxation and finance, by rule or regulation. In promulgating  such  a
rule  or  regulation,  such commissioner shall consider, among any other
relevant factors, the need for security of land titles, the  requirement
that  purchasers  of  land know of all potential tax and penalty liabil-
ities, and the desirability that the searching of titles not be  further
complicated by the establishment of new sets of record books.
  S 20. Subdivision 6 of section 309 of the agriculture and markets law,
as  added  by  chapter  79  of  the  laws of 1980, is amended to read as
follows:
  6. The advisory council on agriculture may ask  other  individuals  to
attend  its  meetings  or work with it on an occasional or regular basis
provided, however, that it shall invite participation by the chairman of
the state soil and water conservation committee and the dean of the  New
York state college of agriculture and life sciences at Cornell universi-

S. 4851--A                         12

ty.  The advisory council on agriculture shall set the time and place of
its meetings, and shall hold at least [four meetings]  ONE  MEETING  per
year.
  S  21.  Subdivision  2 of section 483 of the real property tax law, as
amended by chapter 540 of the laws  of  2007,  is  amended  to  read  as
follows:
  2.  The  term  "structures and buildings" shall include: (a) PERMANENT
AND IMPERMANENT structures, INCLUDING TRELLISES AND  PERGOLAS,  MADE  OF
METAL,  STRING  OR WOOD, and buildings or portions thereof used directly
and exclusively in the raising and production for sale  of  agricultural
and  horticultural commodities or necessary for the storage thereof, but
not structures and buildings or portions thereof used for the processing
of agricultural and horticultural commodities, or the retail merchandis-
ing of such commodities; (b) structures and buildings  used  to  provide
housing for regular and essential employees and their immediate families
who  are  primarily  employed  in connection with the operation of lands
actively devoted to agricultural and horticultural use, but not  includ-
ing  structures  and  buildings occupied as a residence by the applicant
and his immediate family; (c) structures and buildings  used  as  indoor
exercise  arenas  exclusively  for  training  and  exercising  horses in
connection with the raising and production for sale of agricultural  and
horticultural  commodities  or  in  connection  with  a commercial horse
boarding operation as defined in section three hundred one of the  agri-
culture  and markets law. For purposes of this section, the term "indoor
exercise arenas" shall not include riding academies or dude ranches; (d)
structures and buildings used in the  production  of  maple  syrup;  (e)
structures  and  buildings  used  in the production of honey and beeswax
including those structures and buildings used for the storage  of  bees.
For purposes of this section, this shall not include those structures or
buildings  and portions thereof used for the sale of maple syrup or sale
of honey and beeswax. The term  "structures  and  buildings"  shall  not
include  silos,  bulk  milk  tanks  or coolers, or manure storage [and],
handling AND TREATMENT facilities as such terms are used in section four
hundred eighty-three-a of this title.
  S 22. This act shall  take  effect  immediately  and  shall  apply  to
assessment rolls prepared on the basis of taxable status dates occurring
on  or after such date; provided, however, that section five of this act
shall only apply to the creation of any agricultural  district  pursuant
to  section  303 of the agriculture and markets law commenced after such
effective date and section six of this  act  shall  only  apply  to  the
review  of  any  agricultural  district pursuant to section 303-a of the
agriculture and markets law commenced after such effective date.

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Senate Bill S4851A

Sponsored By

Archive: Last Bill Status Via A8082 - Signed by Governor

Apr 11, 2016 - Floor Vote

Floor Vote: Apr 11, 2016

Feb 9, 2016 - Agriculture Committee Vote

Agriculture Committee Vote: Feb 9, 2016

Jun 2, 2015 - Agriculture Committee Vote

Agriculture Committee Vote: Jun 2, 2015

Bill Amendments

2015-S4851 - Details

2015-S4851 - Summary

2015-S4851 - Sponsor Memo

2015-S4851 - Bill Text download pdf

2015-S4851A (ACTIVE) - Details

2015-S4851A (ACTIVE) - Summary

2015-S4851A (ACTIVE) - Sponsor Memo

2015-S4851A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4851A

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Sponsored By

Patty Ritchie

Archive: Last Bill Status Via A8082 - Signed by Governor

Bill Amendments

2015-S4851 - Details

2015-S4851 - Summary

2015-S4851 - Sponsor Memo

2015-S4851 - Bill Text download pdf

2015-S4851A (ACTIVE) - Details

2015-S4851A (ACTIVE) - Summary

2015-S4851A (ACTIVE) - Sponsor Memo

2015-S4851A (ACTIVE) - Bill Text download pdf

Comments