Bill Text: NY A00940 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the "New York farmer recruitment and retention act"; directs the board of regents and the education department to investigate and study undergraduate agricultural programs with the goal of identifying programs which encourage entry into agricultural production; establishes agriculture producer scholarships for students who agree to be agriculture producers in the state for a certain period of time after graduation; establishes the producer's loan forgiveness program; directs the board of regents and the education department to establish and implement an outreach program to encourage elementary and secondary school students to enter the agricultural field; directs the commissioner of agriculture and markets to report to the governor and the legislature on reducing taxation on land used in agricultural production; appropriates funds therefor.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A00940 Detail]

Download: New_York-2019-A00940-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           940
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced by M. of A. CROUCH, BARCLAY, DiPIETRO, FINCH, GIGLIO, HAWLEY,
          KOLB, MONTESANO, RAIA -- Multi-Sponsored by -- M. of A. FRIEND -- read
          once and referred to the Committee on Agriculture
        AN  ACT  to  enact the "New York farmer recruitment and retention act of
          2020"; to direct the board of  regents  and  education  department  to
          study agricultural education programs (Part A); to amend the education
          law,  in  relation  to  enacting the "agriculture producer scholarship
          act"; and making appropriations therefor (Part B); to amend the educa-
          tion law, in relation to establishing the producer's loan  forgiveness
          program  (Part  C);  to  direct the board of regents and the education
          department to implement an outreach program  to  encourage  elementary
          and  secondary  students to enter the agricultural field (Part D); and
          to direct the commissioner of agriculture and  markets  to  report  on
          reducing  the  taxation for landowners who use their land for agricul-
          tural production (Part E)
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "New York farmer recruitment and retention act of 2020".
     3    § 2. This act enacts into law major components  of  legislation  which
     4  relate  to  farmer  recruitment and retention.  Each component is wholly
     5  contained within a Part identified as Parts A through E.  The  effective
     6  date  for  each  particular  provision contained within such Part is set
     7  forth in the last section of such Part. Any  provision  in  any  section
     8  contained within a Part, including the effective date of the Part, which
     9  makes reference to a section "of this act", when used in connection with
    10  that  particular  component,  shall  be  deemed to mean and refer to the
    11  corresponding section of the Part in which it is found.  Section four of
    12  this act sets forth the general effective date of this act.
    13                                   PART A
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02793-01-9

        A. 940                              2
     1    Section 1. Legislative findings and  intent.  The  legislature  hereby
     2  recognizes  the need to increase the number of producers to continue the
     3  long tradition of agricultural production in New York state. The average
     4  age of a farm operator in the state is fifty-four years of age. In 2004,
     5  less  than  1,000  students  were  awarded  degrees  in agriculture by a
     6  college in this state and the majority of these degrees were not awarded
     7  in a discipline leading to a career  as  a  producer.  The  agricultural
     8  industry  has  a  substantial  impact on the overall economic health and
     9  well-being of the state, and it is in the best interest of the state  to
    10  ensure  that enough producers are recruited and retained in agricultural
    11  production.
    12    § 2. The board of regents and the education department,  in  consulta-
    13  tion with the department of agriculture and markets, shall:
    14    (a)  Investigate  current  education programs for agriculture in voca-
    15  tional-technical schools, community colleges and universities, to  iden-
    16  tify the scope of agricultural education programs in the state;
    17    (b)  Identify  non-traditional college education programs administered
    18  in other states and other countries;
    19    (c) Develop a model for articulation and  career  mobility  to  enable
    20  producers  in  every agricultural production field to progress to owner-
    21  ship or management of land used in agricultural production,  as  defined
    22  in subdivision 4 of section 301 of the agriculture and markets law; and
    23    (d)  Develop models for innovative agriculture education programs that
    24  will encourage individuals to become producers,  utilizing  an  agricul-
    25  tural  mentoring  program  from  degree  award  to retirement, including
    26  continuing education opportunities.
    27    § 3. The board of regents and the education department  shall  present
    28  their final findings and recommendations to the legislature on or before
    29  January 1, 2022.
    30    § 4. This act shall take effect immediately.
    31                                   PART B
    32    Section  1.  Short  title. This act shall be known and may be cited as
    33  the "agriculture producer scholarship act".
    34    § 2. Section 605 of the education law  is  amended  by  adding  a  new
    35  subdivision 13 to read as follows:
    36    13.  Agriculture  producer  scholarships. a. Purpose. The commissioner
    37  shall award scholarships for the purpose of  increasing  the  number  of
    38  producers  in the state. Such scholarships shall be awarded on a compet-
    39  itive basis, in accordance with criteria established by the  commission-
    40  er,  to  state residents who demonstrate academic merit for admission to
    41  an undergraduate agriculture program which the  commissioner  determines
    42  will enhance the recipient's proficiency as an agricultural operator.
    43    b.  Eligibility. To be eligible for an award pursuant to this subdivi-
    44  sion, applicants shall agree to serve, upon  completion  of  the  degree
    45  program,  as  a  producer  on  a full-time basis within the state.  Such
    46  service shall be completed in accordance with  criteria  established  by
    47  the commissioner.
    48    c.  Agreements.  The president shall, in consultation with the commis-
    49  sioner, develop and secure from  each  successful  applicant  a  written
    50  agreement  to  serve  as an agricultural operator in this state.  Within
    51  such time as the commissioner shall by regulation provide,  a  recipient
    52  of  an  award  shall have served for that number of months calculated by
    53  multiplying by nine the number of annual payments received by the recip-
    54  ient. In no case shall the total number of months of service required be

        A. 940                              3
     1  less than twenty-four. If a recipient fails to comply  fully  with  such
     2  conditions, the president shall be entitled to receive from such recipi-
     3  ent an amount to be determined by the formula:
     4                                 A=2B (t-s)
     5                                       ----
     6                                         t
     7    in  which  "A" is the amount the president is entitled to recover; "B"
     8  is the sum of all payments made to the recipient and   the  interest  on
     9  such amount which would be payable if at the times such awards were paid
    10  they  were loans bearing interest at the maximum prevailing rate; "t" is
    11  the total number of  months  in  the  recipient's  period  of  obligated
    12  services;  and  "s" is the number of months of service actually rendered
    13  by the recipient. Any amount which the president is entitled to  recover
    14  pursuant  to  this  paragraph  shall be paid within the five-year period
    15  beginning on the date that the recipient  failed  to  comply  with  this
    16  service  condition.  Nothing  in  the written agreement shall affect the
    17  terms of employment of the individual who shall negotiate, separate  and
    18  apart  from the program, his or her salary and other forms of employment
    19  with an agency, institution or a program, in which he or  she  shall  be
    20  employed.  Any  obligation to comply with such provisions as outlined in
    21  this subdivision shall be cancelled upon the death of the recipient. The
    22  commissioner shall make regulations to provide for the waiver or suspen-
    23  sion of any financial obligation which would involve extreme hardship.
    24    d. Report. A recipient of an award shall report annually  to  the  New
    25  York state higher education services corporation, on forms prescribed by
    26  it,  as to the performance of the required services, commencing with the
    27  calendar year in which the recipient begins to serve as  an  agriculture
    28  producer  in  this  state  and continuing until the recipient shall have
    29  completed, or it is determined that he or she shall not be obligated  to
    30  complete, the required services. If the recipient shall fail to file any
    31  report required pursuant to this paragraph within thirty days of written
    32  notice  to the recipient, mailed to the address shown on the last appli-
    33  cation for an award or last report filed, whichever is later, the presi-
    34  dent may impose a fine of up to  one  thousand  dollars.  The  president
    35  shall  have  the  discretion  to  waive the filing of a report, excuse a
    36  delay in filing or a failure to file a report, or waive  or  reduce  any
    37  fine imposed for good cause shown.
    38    §  3.  The  education  law is amended by adding a new section 671-a to
    39  read as follows:
    40    § 671-a. Agriculture producer  scholarships.  1.  Number  and  certif-
    41  ication.  Twenty-five agriculture producer scholarships shall be awarded
    42  in the two thousand twenty-two--two thousand twenty-three academic  year
    43  and  an  additional twenty-five scholarships shall be awarded in the two
    44  thousand twenty-three--two  thousand  twenty-four  academic  year.  Such
    45  scholarships  shall  be allocated as provided in subdivision thirteen of
    46  section six hundred five of this title to eligible students as certified
    47  to the president by the commissioner.
    48    2. Duration. Each such scholarship shall entitle the recipient  to  an
    49  annual award for each year while enrolled in an approved course of study
    50  leading to an undergraduate degree in agriculture, but not exceeding the
    51  normal  period  of  study  required to complete the requirements for the
    52  program, as such approved courses and normal periods of study are deter-
    53  mined by the commissioner.
    54    3. Amount. The president shall make annual awards of fifteen  thousand
    55  dollars,  for  up  to four academic years for any recipient, except that
    56  such annual award shall not exceed the recipient's cost  of  attendance.

        A. 940                              4
     1  For  the  purposes  of this subdivision, "cost of attendance" shall mean
     2  the cost of: tuition at an approved undergraduate  program  in  agricul-
     3  ture; laboratory and other fees; room and board; supplies; health insur-
     4  ance  coverage;  books  and  a  stipend  for daily living expenses in an
     5  amount to be determined  by  the  president  in  consultation  with  the
     6  commissioner.
     7    §  4.  The sum of fifty thousand dollars ($50,000), or so much thereof
     8  as may be necessary, is hereby appropriated to the education  department
     9  out of any moneys in the state treasury in the general fund to the cred-
    10  it  of the state operations account, not otherwise appropriated, for its
    11  services  and  expenses  incurred  to  administer  and   implement   the
    12  provisions  of  this  act  in the 2022--2023 state fiscal year. Such sum
    13  shall be payable on vouchers certified or approved by  the  commissioner
    14  of  education  upon  audit  and  warrant of the state comptroller in the
    15  manner prescribed by law.
    16    §  5.  The  sum  of  one  million  five   hundred   thousand   dollars
    17  ($1,500,000),  or  so much thereof as may be necessary, is hereby appro-
    18  priated to the higher education services corporation out of  any  moneys
    19  in  the  state  treasury  in the general fund to the credit of the local
    20  assistance  account,  not  otherwise  appropriated,  to  carry  out  the
    21  purposes  of  this act, including costs of award of scholarships and for
    22  its services and expenses  incurred  to  administer  and  implement  the
    23  provisions  of  this  act  in the 2022--2023 state fiscal year. Such sum
    24  shall be payable on vouchers certified or approved by the  president  of
    25  the  higher education services corporation upon audit and warrant of the
    26  state comptroller in the manner prescribed by law.
    27    § 6. This act shall take effect immediately, and shall  be  deemed  to
    28  have been in full force and effect on and after April 1, 2021.
    29                                   PART C
    30    Section 1. Section 605 of the education law is amended by adding a new
    31  subdivision 14 to read as follows:
    32    14.  Producer's  loan  forgiveness  program.  Regents loan forgiveness
    33  awards shall be awarded annually to farm operator applicants  who  agree
    34  to  operate an agricultural operation on a full-time basis.  Such awards
    35  shall be granted annually, and shall  be  classified  and  allocated  in
    36  accordance with regents rules.
    37    a.  (1)  The applicant shall be a resident or permanent resident alien
    38  of this state and a graduate  of  an  institution  of  higher  education
    39  approved or registered by the regents.
    40    (2) The applicant shall agree to engage in such employment for a peri-
    41  od of time which shall be not less than five years.
    42    b. Priority shall be accorded to applicants in the following order:
    43    (1)  First,  to  any  applicant  who  is completing the second, third,
    44  fourth or fifth year of the service requirement and is reapplying for  a
    45  new award;
    46    (2)  Second,  to  any  applicant  who is economically disadvantaged as
    47  defined by the regents;
    48    In the event that there are more applicants who have the same priority
    49  than there are remaining scholarships, the commissioner shall distribute
    50  the remaining number of such scholarships by means of a lottery or other
    51  form of random selection.
    52    c. The commissioner shall then forward approved  applications  to  the
    53  president and shall notify unsuccessful applicants.
    54    d. The president shall notify applicants of their award entitlement.

        A. 940                              5
     1    e. The president shall, in consultation with the commissioner, develop
     2  and  secure from each successful applicant a written agreement to engage
     3  in such employment, as appropriate. Within such time as the commissioner
     4  shall by regulation provide, a recipient of an award shall have  engaged
     5  in  such employment as appropriate, for that number of months calculated
     6  by multiplying by twelve the number of annual payments received  by  the
     7  recipient.  In  no  case  shall  the  total  number of months of service
     8  required be less than twenty-four. If a recipient fails to comply  fully
     9  with  such  conditions,  the president shall be entitled to receive from
    10  such recipient an amount to be determined by the formula:
    11                                  A=B(t-s)
    12                                   --------
    13                                        t
    14    in which "A" is the amount the president is entitled to  recover;  "B"
    15  is  the  sum  of  all payments made to the recipient and the interest on
    16  such amount which would be payable if at the times such awards were paid
    17  they were loans bearing interest at the maximum prevailing rate; "t"  is
    18  the  total  number  of  months  in  the  recipient's period of obligated
    19  services; and "s" is the number of months of service  actually  rendered
    20  by  the recipient. Any amount which the president is entitled to recover
    21  under this paragraph shall be paid within the five-year period beginning
    22  on the date that the recipient failed to comply with this service condi-
    23  tion. Nothing in the written agreement shall affect the terms of employ-
    24  ment of the individual who shall negotiate, separate and apart from  the
    25  program, his or her salary and other forms of employment with an agency,
    26  institution or a program in which he or she shall be employed.
    27    Any  obligation  to  comply  with  such provisions of this subdivision
    28  shall be cancelled upon the death of  the  recipient.  The  commissioner
    29  shall  make  regulations  to provide for the waiver or suspension of any
    30  financial obligation which would involve extreme hardship.
    31    f. A recipient of an award shall report annually to the New York state
    32  higher education services corporation, on forms prescribed by it, as  to
    33  the  performance  of the required services, commencing with the calendar
    34  year in which the recipient begins such employment and continuing  until
    35  the  recipient  shall have completed, or it is determined that he or she
    36  shall not be obligated to complete, the required services. If the recip-
    37  ient shall fail to file any report required pursuant to  this  paragraph
    38  within  thirty  days  of  written notice to the recipient, mailed to the
    39  address shown on the last application for an award or last report filed,
    40  whichever is later, the president may impose a fine of up to  one  thou-
    41  sand  dollars.  The  president  shall  have  the discretion to waive the
    42  filing of a report, excuse a delay in filing or  a  failure  to  file  a
    43  report, or waive or reduce any fine imposed for good cause shown.
    44    § 2. This act shall take effect on the one hundred eightieth day after
    45  it  shall  have  become a law. Effective immediately, any rules or regu-
    46  lations necessary for the timely  implementation  of  this  act  on  its
    47  effective date shall be promulgated on or before such effective date.
    48                                   PART D
    49    Section  1.  The  board  of  regents  and the education department, in
    50  consultation with the  department  of  agriculture  and  markets,  shall
    51  develop  and  implement  an outreach campaign encouraging elementary and
    52  secondary education students to enter the agricultural field and  attend

        A. 940                              6
     1  one  of  New  York  state's college agriculture education programs. Such
     2  outreach campaign shall  continue  until  December  31,  2026  or  until
     3  enrollment  in  undergraduate agricultural programs increases by twenty-
     4  five percent.
     5    § 2. This act shall take effect immediately.
     6                                   PART E
     7    Section  1.  Report on agriculture taxation. The commissioner of agri-
     8  culture and markets shall study and make recommendations to the governor
     9  and the legislature within eighteen months of the effective date of this
    10  section on reducing the taxation for landowners who  use  land  for  the
    11  production  of  agricultural commodities within and outside agricultural
    12  districts, pursuant to article 25-AA of the agriculture and markets law.
    13    § 2. This act shall take effect immediately.
    14    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    15  sion, section or part of this act shall be  adjudged  by  any  court  of
    16  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    17  impair, or invalidate the remainder thereof, but shall  be  confined  in
    18  its  operation  to the clause, sentence, paragraph, subdivision, section
    19  or part thereof directly involved  in  the  controversy  in  which  such
    20  judgement  shall  have  been  rendered.  It is hereby declared to be the
    21  intent of the legislature that this act would have been enacted even  if
    22  such invalid provisions had not been included herein.
    23    §  4.  This  act shall take effect immediately provided, however, that
    24  the applicable effective date of Parts A through E of this act shall  be
    25  as specifically set forth in the last section of such Parts.
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