Bill Text: NY A00759 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the "equine industry assistance act of 2019"; makes appropriations therefor.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A00759 Detail]
Download: New_York-2019-A00759-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 759 2019-2020 Regular Sessions IN ASSEMBLY January 10, 2019 ___________ Introduced by M. of A. CROUCH, FINCH, HAWLEY, PALMESANO, RAIA -- Multi- Sponsored by -- M. of A. DiPIETRO, FRIEND -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law, the environmental conservation law and the tax law, in relation to establishing the equine industry assistance act of 2019, including the New York horse grazing program and making an appropriation therefor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "equine 2 industry assistance act of 2019". 3 § 2. Legislative findings and intent. The legislature hereby recog- 4 nizes that the equine industry is a serious, economically diverse and 5 productive industry that is vital to New York, and has a substantial 6 impact on the state's economy. In addition to the pleasure that horses 7 bring to the citizens of this state, the horse industry affords full- 8 time jobs, provides value-added services and recreation, and the visual 9 beauty of New York's horse farms should be protected and enhanced. 10 § 3. The agriculture and markets law is amended by adding a new 11 section 23-a to read as follows: 12 § 23-a. Equine industry webpage. 1. Within one year of the effective 13 date of this section: 14 (a) The department shall provide free public access, via the internet 15 data system, pursuant to the mechanism established by the commissioner, 16 to information important to the equine industry, including: 17 (1) department programs relevant to the equine industry; 18 (2) horse diseases; 19 (3) regulations relevant to the equine industry; 20 (4) statistics on the equine industry in the state; 21 (5) funding opportunities; 22 (6) a link to the farm fresh directory; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02749-01-9A. 759 2 1 (7) a directory, to be developed in consultation with the department 2 of environmental conservation and the office of parks, recreation and 3 historic preservation, of available public horseback riding trails in 4 the state; and 5 (8) other information as deemed necessary by the commissioner. 6 (b) The commissioner shall post the information provided pursuant to 7 this subdivision on the department's website and a link to such informa- 8 tion shall be conspicuously displayed on the department's homepage. The 9 department shall provide updates to its lists at such times and in such 10 manner as the commissioner shall require. 11 2. Within one year of the effective date of this section, a directory 12 of riding stables and trails shall be included as part of the farm fresh 13 directory available on the department's website. The commissioner shall 14 promulgate rules for the acceptance of information on riding stables and 15 trails located in the state, provided that event information shall be 16 accepted by the department year round and that such information shall be 17 provided to the public free of charge via the internet data system with- 18 in one week of receipt of such information. 19 3. The commissioner shall promulgate such rules and regulations as are 20 necessary for the implementation of this section. 21 4. Nothing contained in this section shall abridge public access to 22 information currently available or permitted by any other provision or 23 rule of law. 24 § 4. The agriculture and markets law is amended by adding a new arti- 25 cle 24-A to read as follows: 26 ARTICLE 24-A 27 NEW YORK HORSE GRAZING PROGRAM 28 Section 291. Short title. 29 291-a. Legislative intent. 30 291-b. Definitions. 31 291-c. New York horse grazing program. 32 291-d. Matching grant program. 33 § 291. Short title. This article shall be known and may be cited as 34 the "New York horse grazing act of 2019". 35 § 291-a. Legislative intent. The legislature hereby finds, determines 36 and declares that the New York equine industry has a substantial impact 37 on the overall economic health and well-being of the state and the graz- 38 ing pastures used by horses provides an aesthetically pleasing land- 39 scape. The ability of farmers within the state to efficiently and 40 effectively graze horses on the farm using the best known methods would 41 provide them with a substantial competitive advantage and help them to 42 remain viable in the future. It is in the interest of the state to 43 provide programs that would assist commercial horse operations within 44 the state by providing incentives for technical assistance programs to 45 help farmers graze horses in the most effective way possible. 46 § 291-b. Definitions. For purposes of this article, the following 47 terms shall have the following meanings: 48 1. "Program" shall mean the New York horse grazing program. 49 2. "Horse" shall have the same definition as in subdivision four of 50 section ninety-b of this chapter. 51 3. "Grazing" shall mean feeding on grass, or other plant crop in a 52 field. 53 4. "Applicant" shall mean any association, cooperative, corporation or 54 limited liability company that provides technical assistance to a farmA. 759 3 1 operation or a commercial horse boarding operation as such operations 2 are defined in section three hundred one of this chapter. 3 § 291-c. New York horse grazing program. The commissioner shall initi- 4 ate and maintain a New York horse grazing program within the department 5 for the purpose of providing technical assistance to applicants for the 6 purpose of grazing horses. The program shall provide financial assist- 7 ance in the form of matching grants to applicants for the establishment 8 or improvement of technical assistance programs that assist operators 9 with incorporating the best horse grazing practices. 10 § 291-d. Matching grant program. Subject to the availability of 11 funds, a matching grant program is hereby established to help fund the 12 costs of improvements that would allow an eligible applicant to make 13 improvements to its operation for the purpose of providing for on-site 14 value added processing of agricultural products. Grants to eligible 15 applicants shall not exceed one hundred thousand dollars. 16 § 5. Section 326 of the agriculture and markets law, as added by chap- 17 ter 797 of the laws of 1992, is amended to read as follows: 18 § 326. Promulgation of rules and regulations. The commissioner is 19 empowered to promulgate such rules and regulations and to prescribe such 20 forms as he or she deems necessary to effectuate the purposes of this 21 article, provided such rules must include regulations to prevent the 22 establishment of new, commercial horse boarding operations on land on 23 which state funds were used for county agricultural protection activ- 24 ities. 25 § 6. Subdivision 2 of section 9-0105 of the environmental conservation 26 law, as amended by chapter 351 of the laws of 1983, is amended to read 27 as follows: 28 2. Consistent with the provisions of section 9-0109 of this [chapter] 29 title, establish, acquire, control and manage state parks, historic 30 sites and parkways in the forest preserve counties within the sixth park 31 region as defined in section 41-0101 of this chapter and to acquire 32 lands for such purposes when moneys have been appropriated therefor, 33 provided that horse trails are considered as a practical recreational 34 use whenever the department develops or updates the management plan for 35 a state park, historic site or parkway. 36 § 7. Paragraph (i) of subdivision 11 of section 210-B of the tax law, 37 as added by section 17 of part A of chapter 59 of the laws of 2014, is 38 amended to read as follows: 39 (i) Special rules. For purposes of this subdivision, the term "federal 40 gross income from farming" shall include gross income from the 41 production of maple syrup, cider, Christmas trees derived from a managed 42 Christmas tree operation whether dug for transplanting or cut from the 43 stump, or from a commercial horse boarding operation as defined in 44 subdivision thirteen of section three hundred one of the agriculture and 45 markets law, on land on which state funds were used for county agricul- 46 tural protection activities, or from the sale of wine from a licensed 47 farm winery as provided for in article six of the alcoholic beverage 48 control law, or from the sale of cider from a licensed farm cidery as 49 provided for in section fifty-eight-c of the alcoholic beverage control 50 law. 51 § 8. Paragraph 8 of subsection (n) of section 606 of the tax law, as 52 amended by chapter 384 of the laws of 2013, is amended to read as 53 follows: 54 (8) Special rules. For purposes of this subsection, the term "federal 55 gross income from farming" shall include gross income from the 56 production of maple syrup, cider, Christmas trees derived from a managedA. 759 4 1 Christmas tree operation whether dug for transplanting or cut from the 2 stump, or from a commercial horse boarding operation as defined in 3 subdivision thirteen of section three hundred one of the agriculture and 4 markets law, except those established on land on which state funds were 5 used for county agricultural protection activities, or from the sale of 6 wine from a licensed farm winery as provided for in article six of the 7 alcoholic beverage control law, or from the sale of cider from a 8 licensed farm cidery as provided for in section fifty-eight-c of the 9 alcoholic beverage control law. 10 § 9. The sum of two hundred fifty thousand dollars ($250,000), or so 11 much thereof as may be necessary, is hereby appropriated to the depart- 12 ment of agriculture and markets out of any moneys in the state treasury 13 in the general fund to the credit of the state purposes account, not 14 otherwise appropriated and made immediately available to establish a New 15 York horse grazing program pursuant to article 24-A of the agriculture 16 and markets law. 17 § 10. This act shall take effect immediately; provided, however, that 18 section four of this act shall take effect on the one hundred eightieth 19 day after it shall have become a law. Effective immediately the commis- 20 sioner of agriculture and markets is authorized to promulgate any and 21 all rules and regulations necessary for the timely implementation of 22 section four of this act on or before the effective date of such 23 section.
