Bill Text: NY A03930 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the "equine industry assistance act of 2011", including the New York horse grazing program; requires the creation of the equine industry webpage; requires the implementation of horse trails; appropriates $250,000 therefor.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A03930 Detail]
Download: New_York-2011-A03930-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3930
2011-2012 Regular Sessions
I N A S S E M B L Y
January 31, 2011
___________
Introduced by M. of A. CROUCH, FINCH, HAWLEY, RAIA -- 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 2011, including the New York horse
grazing program and providing 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 2011".
3 S 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 S 3. The agriculture and markets law is amended by adding a new
11 section 23-a to read as follows:
12 S 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.
LBD04890-01-1
A. 3930 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 S 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 S 291. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
34 THE "NEW YORK HORSE GRAZING ACT OF 2011".
35 S 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 S 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 FARM
A. 3930 3
1 OPERATION OR A COMMERCIAL HORSE BOARDING OPERATION AS SUCH OPERATIONS
2 ARE DEFINED IN SECTION THREE HUNDRED ONE OF THIS CHAPTER.
3 S 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 S 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 S 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 S 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 S 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 S 7. Paragraph (i) of subdivision 22 of section 210 of the tax law, as
37 amended by section 6 of part K of chapter 62 of the laws of 2006, 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.
49 S 8. Paragraph 8 of subsection (n) of section 606 of the tax law, as
50 amended by section 3 of part K of chapter 62 of the laws of 2006, is
51 amended to read as follows:
52 (8) Special rules. For purposes of this subsection, the term "federal
53 gross income from farming" shall include gross income from the
54 production of maple syrup, cider, Christmas trees derived from a managed
55 Christmas tree operation whether dug for transplanting or cut from the
56 stump, or from a commercial horse boarding operation as defined in
A. 3930 4
1 subdivision thirteen of section three hundred one of the agriculture and
2 markets law, EXCEPT THOSE ESTABLISHED ON LAND ON WHICH STATE FUNDS WERE
3 USED FOR COUNTY AGRICULTURAL PROTECTION ACTIVITIES, or from the sale of
4 wine from a licensed farm winery as provided for in article six of the
5 alcoholic beverage control law.
6 S 9. The sum of two hundred fifty thousand dollars ($250,000), or so
7 much thereof as may be necessary, is hereby appropriated to the depart-
8 ment of agriculture and markets out of any moneys in the state treasury
9 in the general fund to the credit of the state purposes account, not
10 otherwise appropriated and made immediately available to establish a New
11 York horse grazing program pursuant to article 24-A of the agriculture
12 and markets law.
13 S 10. This act shall take effect immediately; provided, however, that
14 section four of this act shall take effect on the one hundred eightieth
15 day after it shall have become a law. Effective immediately the commis-
16 sioner of agriculture and markets is authorized to promulgate any and
17 all rules and regulations necessary for the timely implementation of
18 section four of this act on or before the effective date of such
19 section.
