Bill Text: NY S04520 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to creating a small farm modernization fund program and a small farm modernization fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-28 - PRINT NUMBER 4520A [S04520 Detail]
Download: New_York-2013-S04520-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4520--A
2013-2014 Regular Sessions
I N S E N A T E
April 8, 2013
___________
Introduced by Sen. TKACZYK -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance -- recommitted to
the Committee on Finance in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the agriculture and markets law and the New York state
urban development corporation act, in relation to creating a small
farm modernization fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 16 of the agriculture and markets law is amended by
2 adding a new subdivision 47 to read as follows:
3 47. COOPERATE WITH THE EMPIRE STATE DEVELOPMENT CORPORATION TO DEVELOP
4 A SMALL FARM MODERNIZATION FUND PROGRAM TO PROVIDE GRANTS TO FARMERS FOR
5 THE PURPOSES OF MODERNIZING THEIR FARM AND FARM PRACTICES, INCLUDING,
6 BUT NOT LIMITED TO, INFRASTRUCTURE, EQUIPMENT, CROPS, ANIMALS AND
7 MARKETING OF FARM PRODUCTS. SUCH MODERNIZATION MAY ALSO INCLUDE UPDATING
8 AND IMPROVING AGRICULTURAL ENVIRONMENTAL MANAGEMENT, AS DEFINED IN ARTI-
9 CLE ELEVEN-A OF THIS CHAPTER, PRACTICES, EQUIPMENT AND INFRASTRUCTURE.
10 FARM MODERNIZATION IS ESPECIALLY IMPORTANT FOR FARMS THAT ARE BEING
11 TRANSITIONED FROM LONG-TIME OWNERS TO NEW OWNERS AND BEGINNING FARMERS.
12 FOR THE PURPOSES OF THIS PROGRAM THE TERM "SMALL FARM" SHALL MEAN A FARM
13 OF ONE HUNDRED FIFTY ACRES OR LESS.
14 S 2. Section 1 of chapter 174 of the laws of 1968, constituting the
15 New York state urban development corporation act, is amended by adding a
16 new section 16-x to read as follows:
17 S 16-X. SMALL FARM MODERNIZATION FUND. 1. THE SMALL FARM MODERNIZATION
18 FUND IS HEREBY CREATED. THE PURPOSE OF THE SMALL FARM MODERNIZATION FUND
19 IS TO MAKE GRANTS TO ELIGIBLE APPLICANTS FOR MODERNIZING THEIR FARM AND
20 FARM PRACTICES, INCLUDING, BUT NOT LIMITED TO, INFRASTRUCTURE, EQUIP-
21 MENT, CROPS, ANIMALS, AND MARKETING OF FARM PRODUCTS. SUCH MODERNIZATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09997-06-4
S. 4520--A 2
1 MAY ALSO INCLUDE UPDATING AND IMPROVING AGRICULTURAL ENVIRONMENTAL
2 MANAGEMENT, AS DEFINED IN ARTICLE ELEVEN-A OF THE AGRICULTURE AND
3 MARKETS LAW, PRACTICES, EQUIPMENT AND INFRASTRUCTURE. FARM MODERNIZATION
4 IS ESPECIALLY IMPORTANT FOR FARMS THAT ARE BEING TRANSITIONED FROM
5 LONG-TIME OWNERS TO NEW OWNERS AND BEGINNING FARMERS.
6 2. THE CORPORATION SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE
7 AND MARKETS IN ORDER TO ESTABLISH SUCH CRITERIA GOVERNING THE AWARD OF
8 GRANTS AS AUTHORIZED BY THIS SECTION, AS THE CORPORATION AND SUCH
9 DEPARTMENT DEEM NECESSARY. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE
10 LIMITED TO:
11 (A) FARMERS WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE IN THE
12 PRODUCTION OF AN AGRICULTURAL PRODUCT WITHIN A REGION OF THE STATE;
13 (B) FARMERS WHO DEMONSTRATE INNOVATIVE PLANS FOR MODERNIZING THEIR
14 FARMS THAT WOULD RESULT IN THE GROWTH OF BUSINESS WITHIN THE STATE AND
15 THE CONCOMITANT CREATION OF JOBS AND TAX REVENUES FOR THE STATE; AND
16 (C) FARMS OF ONE HUNDRED FIFTY ACRES OR LESS.
17 3. THE CORPORATION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE EVAL-
18 UATION OF APPLICANTS FOR THE SMALL FARM MODERNIZATION FUND. WHEN AWARD-
19 ING FUNDS PURSUANT TO THIS SECTION, THE CORPORATION SHALL ENSURE THAT
20 APPLICANTS MEET THE CRITERIA AND REQUIREMENTS ESTABLISHED BY THE CORPO-
21 RATION PURSUANT TO THIS SECTION.
22 4. THE SMALL FARM MODERNIZATION FUND SHALL NOT INVEST AN AMOUNT IN ANY
23 SINGLE BENEFICIARY THAT EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, SUBJECT TO
24 ANY EXCEPTIONS TO BE ESTABLISHED BY GUIDELINES OF THE CORPORATION.
25 5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CORPO-
26 RATION MAY ESTABLISH A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH
27 FUND ANY ELIGIBLE FUNDS AVAILABLE TO THE CORPORATION FROM ANY SOURCE,
28 INCLUDING MONEYS APPROPRIATED BY THE STATE.
29 6. THE CORPORATION SHALL SUBMIT A REPORT ANNUALLY ON DECEMBER THIRTY-
30 FIRST TO THE DIRECTOR OF THE BUDGET, THE TEMPORARY PRESIDENT OF THE
31 SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE
32 AND THE MINORITY LEADER OF THE ASSEMBLY DETAILING:
33 (A) THE TOTAL AMOUNT OF FUNDS COMMITTED TO EACH APPLICANT;
34 (B) THE LOCATION OF EACH APPLICANT; AND
35 (C) SUCH OTHER INFORMATION AS THE CORPORATION DEEMS NECESSARY.
36 7. THE CORPORATION IS HEREBY AUTHORIZED TO ESTABLISH GUIDELINES FOR
37 THE ADMINISTRATION OF THE PROGRAM, INCLUDING APPLICATION PROCEDURES AND
38 DISBURSEMENT TERMS, AND TO PROVIDE FOR THE REPAYMENT OF FUNDS RECEIVED
39 BY THE BENEFICIARY IF THE BENEFICIARY LEAVES NEW YORK STATE OR OTHERWISE
40 CEASES FARMING ACTIVITY WITHIN A PERIOD OF TIME TO BE ESTABLISHED BY THE
41 CORPORATION.
42 S 3. This act shall take effect on the first of April next succeeding
43 the date on which it shall have become a law; provided, however, that
44 effective immediately, the addition, amendment and/or repeal of any rule
45 or regulation necessary for the implementation of this act on its effec-
46 tive date is authorized to be made and completed on or before such date.
