STATE OF NEW YORK ________________________________________________________________________ 10301 IN ASSEMBLY April 10, 2018 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to the acquisition of agricultural preservation restrictions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 321 of the agriculture and markets law, as added 2 by chapter 797 of the laws of 1992, is amended to read as follows: 3 § 321. Statement of legislative findings and intent. It is hereby 4 found and declared that agricultural lands are irreplaceable state 5 assets. In an effort to maintain the economic viability, and environ- 6 mental and landscape preservation values associated with agriculture, 7 the state must explore ways to sustain the state's valuable farm economy 8 and to protect and invest in the people and the land base associated 9 with it. External pressures on farm stability such as population growth 10 in non-metropolitan areas and public infrastructure development, and 11 non-agricultural interest in protected farmland, pose a significant 12 threat to farm operations, yet are the pressures over which farmers have 13 the least control. Local initiatives in agricultural protection policy, 14 facilitated by the agricultural districts program established in article 15 twenty-five-AA of this chapter, have proved effective as a basic step in 16 addressing these pressures. In an effort to encourage further develop- 17 ment of agricultural and farmland protection programs, and to recognize 18 both the crucial role that local government plays in developing these 19 strategies, plus the state constitutional directive to the legislature 20 to provide for the protection of agricultural lands, it is therefore 21 declared the policy of the state to promote local initiatives for agri- 22 cultural and farmland protection. 23 § 2. Section 322 of the agriculture and markets law is amended by 24 adding four new subdivisions 6, 7, 8, and 9 to read as follows: 25 6. "Affordability provision" means a preemptive purchase right or 26 other provisions included in an agricultural conservation easement or in 27 an addendum thereto, the purpose of which is to ensure that protected 28 farmland is affordable to qualified farmers. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13903-04-8

A. 10301 2 1 7. "Preemptive purchase right" means the preferential right, estab- 2 lished in an agricultural conservation easement or in an addendum there- 3 to, of the easement holder, or its assignee, to purchase protected farm- 4 land at its agricultural use value in the event that the landowner 5 intends to sell to an unqualified party. The purpose of the preemptive 6 purchase right is to promote the continued presence of owner-operated 7 farms and ensure the affordability of protected farmland to qualified 8 farmers. 9 8. "Agricultural use value" means the as-restricted fair market value 10 of the property based on the productive commercial agricultural use 11 value or current agricultural use value of the property, rather than the 12 "highest and best" potential use value for residential or other non- 13 agricultural purposes. 14 9. "Qualified farmer" is a person who will maintain commercial agri- 15 cultural use of protected farmland and, in the last two years, has 16 earned at least one-half of his or her annual gross income from the 17 "business of farming," as defined by the U.S. Department of the Treas- 18 ury, or who meets equivalent qualifications as set forth in the agricul- 19 tural conservation easement. 20 § 3. Subdivision 1 of section 325 of the agriculture and markets law, 21 as amended by chapter 150 of the laws of 2013, is amended to read as 22 follows: 23 1. Subject to the availability of funds, a program is hereby estab- 24 lished to finance through state assistance payments the state share of 25 the costs of locally-led agricultural and farmland protection activ- 26 ities. State assistance payments for planning activities shall not 27 exceed fifty thousand dollars to each county agricultural and farmland 28 protection board or one hundred thousand dollars to two such boards 29 applying jointly, and shall not exceed fifty percent of the cost of 30 preparing an agricultural and farmland protection plan. State assistance 31 payments for planning activities shall not exceed twenty-five thousand 32 dollars to each municipality other than a county or fifty thousand 33 dollars to two such municipalities applying jointly, and shall not 34 exceed seventy-five percent of the cost of preparing an agricultural and 35 farmland protection plan. A county which has an approved farmland 36 protection plan may after one hundred twenty months from the date of 37 such approval by the commissioner apply for additional state assistance 38 payments for planning activities related to the updating of their 39 current plan or development of a new farmland protection plan. Such 40 additional state assistance payments shall not exceed fifty thousand 41 dollars to each county agricultural and farmland protection board or one 42 hundred thousand dollars to two such boards applying jointly, and shall 43 not exceed fifty percent of the cost of preparing an agricultural and 44 farmland protection plan. State assistance payments for implementation 45 of approved agricultural and farmland protection plans may fund up to 46 seventy-five percent of the cost of implementing the county plan or 47 portion of the plan for which state assistance payments are requested. 48 State assistance payments to such counties shall not exceed seventy-five 49 percent of the cost of implementing the local plan or portion of the 50 plan for which state assistance has been requested. Such maximum shall 51 be increased by a percentage equal to the percentage of the total eligi- 52 ble costs for such specified projects that are contributed by the owner 53 of the agricultural land for which the project is being funded, 54 provided, however, that in no event shall the total of such state 55 assistance payments exceed eighty-seven and one-half percent of such 56 eligible costs for any specified project. Affordability provisions, such

A. 10301 3 1 as a preemptive purchase right, shall be considered eligible costs for 2 state assistance payments for implementation of approved agricultural 3 and farmland protection plans. 4 § 4. Paragraph (e) of subdivision 2 of section 325 of the agriculture 5 and markets law, as amended by chapter 93 of the laws of 2010 and as 6 relettered by chapter 150 of the laws of 2013, is amended to read as 7 follows: 8 (e) In evaluating applications for funding, the commissioner shall 9 give priority to projects intended to preserve viable agricultural land 10 as defined in section three hundred one of this chapter; that are in 11 areas facing significant development pressure; and that serve as a buff- 12 er for a significant natural public resource containing important 13 ecosystem or habitat characteristics. The commissioner shall also give 14 priority to projects intended to ensure the affordability of protected 15 farmland to qualified farmers through the use of affordability 16 provisions, including a preemptive purchase right, option to purchase at 17 agricultural value, or similar provision. 18 § 5. This act shall take effect on the ninetieth day after it shall 19 have become a law; provided however that effective immediately, the 20 addition, amendment and/or repeal of any rule or regulation necessary 21 for the implementation of this act on its effective date are authorized 22 to be made and completed on or before such effective date.