Bill S6883-2013

Establishes a young farmers NY fund to support young farmers and encourage farming as a career

Establishes a young farmers NY fund to support young farmers and encourage farming as a career.

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  • Mar 25, 2014: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Memo

BILL NUMBER:S6883

TITLE OF BILL: An act to amend the urban development corporation act, in relation to a young farmers NY fund

PURPOSE: To amend the urban development corporation act, in relation to a Young Farmers NY fund.

SUMMARY OF PROVISIONS:

Section 1 identifies the Young Farmers NY fund.

Section two provides for the effective date.

EXISTING LAW: While similar competitive grant programs exist in New York law, there is no existing state program to provide competitive grants to young farmers.

JUSTIFICATION: While agriculture is considered to be a major New York industry, state economic development financing programs do not treat agriculture as an individual sector, and financing is not available to provide farmers with assistance to be more competitive in national and international markets.

New York's farm community is aging and it has become increasingly difficult to attract young people to farming and to encourage younger generations to consider fanning as a career. The average age of farm operators in New York is 59, and is expected to continue to increase unless steps are taken to reverse this trend. The U.S. Secretary of Agriculture has set a goal of recruiting 100,000 new farmers across the country to replace those who are retiring. By enacting the Young Farmers NY fund, New York can take one small step at helping that recruitment effort.

Farming is a difficult business and there are many barriers to younger farmers who might consider entering the profession. Yet the agricultural industry has a substantial impact on the overall economic health and wellbeing of the state. It is in the best interest of the state to ensure that enough producers are recruited and retained in the agricultural field. Additionally, the recent increase in demand for quality fresh locally grown foods and beverages highlight the importance of assisting new farmers to enter the profession.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: Undetermined.

EFFECTIVE DATE: One hundred and eighty days after it shall have become a law; provided, however, that any rules or regulations necessary for the timely implementation of this act on its effective date, shall be promulgated on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 6883 IN SENATE March 25, 2014 ___________
Introduced by Sens. RITCHIE, BALL, BONACIC, DeFRANCISCO, FARLEY, GALLI- VAN, GRIFFO, GRISANTI, LARKIN, LAVALLE, LIBOUS, LITTLE, MARCHIONE, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, ROBACH, SEWARD, VALESKY, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the urban development corporation act, in relation to a young farmers NY fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 16-w to read as follows: S 16-W. YOUNG FARMERS NY FUND. 1. THE YOUNG FARMERS NY FUND IS HEREBY CREATED. THE PURPOSE OF THE YOUNG FARMERS NY FUND IS TO MAKE GRANTS TO ELIGIBLE APPLICANTS, WITHIN AVAILABLE APPROPRIATIONS, TO SUPPORT YOUNG FARMERS AND ENCOURAGE THEM TO CONSIDER FARMING AS A CAREER, RESULTING IN THE GROWTH OF AGRIBUSINESS WITHIN THE STATE AND THE CONCOMITANT CREATION OF JOBS AND TAX REVENUES FOR THE STATE. 2. THE CORPORATION SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS IN ORDER TO ESTABLISH SUCH CRITERIA GOVERNING THE AWARD OF GRANTS AS AUTHORIZED HEREIN, AS THE CORPORATION AND SUCH DEPARTMENT DEEM NECESSARY. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) FARMERS WHO HAVE NOT PRODUCED AN "AGRICULTURAL PRODUCT" AS DEFINED IN THE AGRICULTURE AND MARKETS LAW, FOR MORE THAN TEN CONSECUTIVE YEARS, AND WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE IN THE PRODUCTION OF AN AGRICULTURAL PRODUCT WITHIN THE STATE. (II) FARMERS WHO DEMONSTRATE INNOVATIVE AGRICULTURAL TECHNIQUES INCLUDING, BUT NOT LIMITED TO, ORGANIC FARMING AND SPECIALTY CROPS. (III) THE ANTICIPATED NUMBER OF AGRICULTURAL JOBS WHICH WOULD BE CREATED OR RETAINED. (IV) FARMS OF ONE HUNDRED FIFTY ACRES OR LESS. 3. THE CORPORATION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE EVAL- UATION OF APPLICANTS FOR THE YOUNG FARMER NY FUND. WHEN AWARDING FUNDS PURSUANT TO THIS SECTION, THE CORPORATION SHALL ENSURE THAT APPLICANTS
MEET THE CRITERIA AND REQUIREMENTS DETERMINED BY THE CORPORATION PURSU- ANT TO THIS SECTION. THE CORPORATION SHALL DISTRIBUTE FUNDS PROMPTLY PURSUANT TO A DISBURSEMENT PROCESS AGREED TO BETWEEN THE CORPORATION AND APPLICANT. 4. THE YOUNG FARMER NY FUND SHALL NOT INVEST AN AMOUNT IN ANY SINGLE BENEFICIARY THAT EXCEEDS FIFTY THOUSAND DOLLARS, SUBJECT TO ANY EXCEPTIONS TO BE ESTABLISHED BY RULES AND REGULATIONS OF THE CORPO- RATION. 5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CORPO- RATION MAY ESTABLISH A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH FUND ANY ELIGIBLE FUNDS AVAILABLE TO THE CORPORATION FROM ANY SOURCE, INCLUDING MONEYS APPROPRIATED BY THE STATE. 6. THE CORPORATION SHALL SUBMIT A REPORT ANNUALLY ON DECEMBER THIRTY- FIRST TO THE DIRECTOR OF THE BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY DETAILING (A) THE TOTAL AMOUNT OF FUNDS COMMITTED TO EACH APPLICANT THAT RECEIVES FUNDS AND THE AMOUNT OF SUCH FUNDS THAT HAS BEEN INVESTED BY EACH SUCH APPLICANT; (B) THE AMOUNT OF YOUNG FARMERS NY AND PRIVATE FUNDS INVESTED IN EACH APPLICANT; (C) THE LOCATION OF EACH APPLICANT; (D) THE NUMBER OF JOBS PROJECTED TO BE CREATED OR RETAINED; AND (E) SUCH OTHER INFORMATION AS THE CORPO- RATION DEEMS NECESSARY. 7. THE CORPORATION IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU- LATIONS IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT AS ARE NECESSARY TO FULFILL THE PURPOSES OF THIS SECTION, INCLUDING WITH RESPECT TO REASONABLE MANAGEMENT FEES, PROMOTES, SHARE OF RETURN AND OTHER FEES AND CHARGES OF APPLICANTS THAT RECEIVE FUNDS, AND TO PROVIDE FOR THE REPAYMENT OF FUNDS RECEIVED BY THE BENEFICIARY IF THE BENEFICI- ARY LEAVES NEW YORK STATE WITHIN A PERIOD OF TIME TO BE ESTABLISHED BY THE CORPORATION. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that any rules or regu- lations necessary for the timely implementation of this act on its effective date, may be promulgated on or before such effective date.

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