Actions

Memo

 BILL NUMBER:  S869

 TITLE OF BILL :

An act to amend the agriculture and markets law, in relation to state assistance payments for implementation of agricultural and farmland protection plans; and providing for the repeal of such provisions upon expiration thereof

  PURPOSE :

The purpose of the bill is to encourage more participation in the State's agricultural and farmland protection program by farmers, counties and municipalities, by increasing the State share of the cost of implementing agricultural and farmland protection plans.

 SUMMARY OF PROVISIONS :

The bill amends Agriculture and Markets Law (AML) º 325(1) and (2), by increasing the limit on State assistance payments for implementation of approved agricultural and farmland protection plans by counties, and local farmland protection plans by municipalities, from 75 to 85 percent.

 EXISTING LAW :

AML º 325 limits State assistance payments to 75 percent of the cost of implementing county and municipal farmland protection plans.

 JUSTIFICATION :

For qualified farms, the State provides assistance payments to help fund up to 75 percent of the cost of conservation easements purchased by counties and municipalities pursuant to a county or municipal farmland protection plan Counties and municipalities have frequently sought out additional sources of funding, such as the federal Farmland Protection Program, to defer the remaining costs. Last year, due to conditions placed on federal grants that conflict with the goals of the State's program, the Department of Agriculture and Markets (Department) decided not to continue to allow federal monies to be used to help pay for the unfunded portion of the State program.  As a result, some interested farmers and local governments did not participate in the program.  By increasing the amount the State will contribute toward the cost of the acquisition of conservation easements from 75 to 85 percent, the bill provides added financial incentive for farmers and local governments to participate in the program.

 LEGISLATIVE HISTORY : 2009-2010:  S.2473 Referred to Agriculture 2007-2008:  S.4333-B/A.7361-B Passed Senate

 FISCAL IMPLICATIONS :

None. The number of projects that the Department could fund, however, might decrease because each farm awarded a grant would receive up to 10% more of the funds available for the program from the Environmental Protection Fund.

 EFFECTIVE DATE : This legislation is effective immediately and shall expire three years after implemented into law. 

Text

STATE OF NEW YORK
________________________________________________________________________

869

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sens.  YOUNG, BONACIC -- 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  state
  assistance  payments  for  implementation of agricultural and farmland
  protection plans; and providing for the repeal of such provisions upon
  expiration thereof

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

  Section 1. Subdivision 1 of section 325 of the agriculture and markets
law,  as  amended by chapter 234 of the laws of 2010, is amended to read
as follows:
  1. Subject to the availability of funds, a program  is  hereby  estab-
lished  to  finance through state assistance payments the state share of
the costs of county and municipal agricultural and  farmland  protection
activities.  State assistance payments for planning activities shall not
exceed fifty thousand dollars to each county agricultural  and  farmland
protection  board  or  one  hundred  thousand dollars to two such boards
applying jointly, and shall not exceed fifty  percent  of  the  cost  of
preparing an agricultural and farmland protection plan. State assistance
payments  for  planning activities shall not exceed twenty-five thousand
dollars to each municipality other  than  a  county  or  fifty  thousand
dollars  to  two  such  municipalities  applying  jointly, and shall not
exceed seventy-five percent of the cost of preparing an agricultural and
farmland protection plan.  A  county  which  has  an  approved  farmland
protection  plan  may  after  one hundred twenty months from the date of
such approval by the commissioner apply for additional state  assistance
payments  for  planning  activities  related  to  the  updating of their
current plan or development of a  new  farmland  protection  plan.  Such
additional  state  assistance  payments  shall not exceed fifty thousand
dollars to each county agricultural and farmland protection board or one

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03445-01-1
S. 869                              2

hundred thousand dollars to two such boards applying jointly, and  shall
not  exceed  fifty  percent of the cost of preparing an agricultural and
farmland protection plan. State assistance payments  for  implementation
of  approved  agricultural  and farmland protection plans may fund up to
[seventy-five] EIGHTY-FIVE percent of the cost of implementing the coun-
ty plan or portion of the plan for which state assistance  payments  are
requested.  State  assistance payments to such counties shall not exceed
[seventy-five] EIGHTY-FIVE percent of the cost of implementing the local
plan or portion  of  the  plan  for  which  state  assistance  has  been
requested.  Such maximum shall be increased by a percentage equal to the
percentage of the total eligible costs for such specified projects  that
are  contributed  by  the  owner  of the agricultural land for which the
project is being funded, provided, however, that in no event  shall  the
total of such state assistance payments exceed eighty-seven and one-half
percent of such eligible costs for any specified project.
  S  2. Paragraph (b) of subdivision 2 of section 325 of the agriculture
and markets law, as amended by chapter 234  of  the  laws  of  2010,  is
amended to read as follows:
  (b)  Within  a county, a municipality which has in place a local farm-
land protection plan may apply and shall be  eligible  for  agricultural
protection state assistance payments to implement its plan, or a portion
of  its  plan,  provided the proposed project is endorsed for funding by
the agricultural and farmland protection board for the county  in  which
the  municipality  is  located  and  that any plan developed on or after
January first, two thousand six  complies  with  section  three  hundred
twenty-four-a of this article. State assistance payments to such munici-
palities shall not exceed [seventy-five] EIGHTY-FIVE percent of the cost
of  implementing  the  local plan or portion of the plan for which state
assistance has been requested. Such maximum  shall  be  increased  by  a
percentage  equal to the percentage of the total eligible costs for such
specified projects that are contributed by the owner of the agricultural
land for which the project is being funded; provided, however,  that  in
no event shall the total of such state assistance payments exceed eight-
y-seven  and  one-half  percent of such eligible costs for any specified
project. The commissioner may require  such  information  or  additional
planning  as  he  or  she deems necessary to evaluate such a request for
state assistance.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed three years after such effective date.