STATE OF NEW YORK
        ________________________________________________________________________
                                          6063
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Agriculture
        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          determination  of land used in agricultural production for purposes of
          agricultural districts
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraphs  f, h and k of subdivision 4 of section 301 of
     2  the agriculture and markets law, paragraph f as amended by  chapter  445
     3  of  the  laws of 2002, paragraph h as amended by chapter 587 of the laws
     4  of 2005 and paragraph k as added by chapter 341 of the laws of 2008, are
     5  amended to read as follows:
     6    f. Land of not less than seven acres used as a single operation in the
     7  preceding two years for the production for sale of crops,  livestock  or
     8  livestock  products  of  an  average  gross  sales value of ten thousand
     9  dollars or more, or land of less than seven acres used as a single oper-
    10  ation in the preceding two years for the production for sale  of  crops,
    11  livestock  or  livestock  products  of  an  average gross sales value of
    12  [fifty] twenty thousand dollars or more.
    13    h. Land that is owned or rented by a farm operation in  its  first  or
    14  second  year of agricultural production, or, in the case of a commercial
    15  horse boarding operation in its first or second year of operation,  that
    16  consists of (1) not less than seven acres used as a single operation for
    17  the  production for sale of crops, livestock or livestock products of an
    18  annual gross sales value of ten thousand dollars or more;  or  (2)  less
    19  than  seven acres used as a single operation for the production for sale
    20  of crops, livestock or livestock products of an annual gross sales value
    21  of [fifty] twenty thousand dollars or more; or (3) land situated under a
    22  structure within  which  crops,  livestock  or  livestock  products  are
    23  produced, provided that such crops, livestock or livestock products have
    24  an  annual gross sales value of (i) ten thousand dollars or more, if the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09974-01-9

        A. 6063                             2
     1  farm operation uses seven or more acres in agricultural  production,  or
     2  (ii)  fifty  thousand  dollars  or more, if the farm operation uses less
     3  than seven acres in agricultural production; or (4) not less than  seven
     4  acres  used as a single operation to support a commercial horse boarding
     5  operation with annual gross receipts of ten thousand dollars or more.
     6    k. Land used to support an apiary products operation which is owned by
     7  the operation and consists of (i) not less than  seven  acres  nor  more
     8  than ten acres used as a single operation in the preceding two years for
     9  the  production for sale of crops, livestock or livestock products of an
    10  average gross sales value of ten thousand dollars or more or  (ii)  less
    11  than  seven  acres used as a single operation in the preceding two years
    12  for the production for sale of crops, livestock or livestock products of
    13  an average gross sales value of [fifty] twenty thousand dollars or more.
    14  The land used to support an apiary products operation shall include, but
    15  not be limited to, the  land  under  a  structure  within  which  apiary
    16  products  are produced, harvested and stored for sale; and a buffer area
    17  maintained by the operation between the operation and adjacent  landown-
    18  ers.    Notwithstanding  any other provision of this subdivision, rented
    19  land associated with an apiary products operation is not eligible for an
    20  agricultural assessment based on this paragraph.
    21    § 2. This act shall take effect immediately and shall  apply  to  real
    22  property assessments for taxes imposed on or after such date.