Bill Text: NY A06391 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the NY food insecurity, farm resiliency and rural poverty initiative to provide financial assistance in the form of matching grants, hiring assistance, purchasing assistance, tax credits, tax exemptions, and reimbursements.

Spectrum: Moderate Partisan Bill (Republican 22-4)

Status: (Introduced) 2022-05-10 - held for consideration in agriculture [A06391 Detail]

Download: New_York-2021-A06391-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6391

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 17, 2021
                                       ___________

        Introduced  by M. of A. TAGUE -- read once and referred to the Committee
          on Agriculture

        AN ACT to amend the agriculture  and  markets  law,  the  tax  law,  the
          estates,  powers  and trusts law, the labor law, the public health law
          and the workers' compensation law, in relation to establishing the  NY
          food  insecurity,  farm  resiliency  and rural poverty initiative; and
          repealing certain provisions of the labor law and the workers' compen-
          sation law relating thereto; 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.  Short  title. This act shall be known and may be cited as
     2  the "NY Food Insecurity, Farm Resiliency and Rural Poverty act".
     3    § 2. Legislative findings and intent. The  legislature  hereby  recog-
     4  nizes  that  the  agricultural  industry  is a significant, economically
     5  diverse and productive industry that is vital to the state of  New  York
     6  and  has  a substantial impact on the state's economy. That the COVID-19
     7  pandemic, and the subsequent mandates and  restrictions,  have  severely
     8  disrupted  the  agricultural markets to an extent seldom realized by the
     9  state. Consequently, the legislature hereby recognizes that a comprehen-
    10  sive support structure is necessary to ensure the viability of New  York
    11  farms and provide reliable market expectations for New York farmers.
    12   § 3. The agriculture and markets law is amended by adding a new article
    13  24-A to read as follows:
    14                                ARTICLE 24-A
    15          NY FOOD INSECURITY, FARM RESILIENCY AND RURAL POVERTY ACT
    16  Section 291. Short title.
    17          291-a. Legislative intent.
    18          291-b. Definitions.
    19          291-c. NY  food  insecurity,  farm  resiliency and rural poverty
    20                   office.
    21          291-d. Permanent agricultural purchasing assistance program.
    22          291-e. Commercial meat and dairy processing incentive program.
    23          291-f. New York meat and dairy processing study commission.
    24          291-g. Personal service cost assistance program.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10089-01-1

        A. 6391                             2

     1          291-h. Beginning farmers grant program.
     2          291-i. Farm infrastructure and equipment grant program.
     3          291-j. Commercial real estate and warehousing grant program.
     4          291-k. Cold storage equipment grant program.
     5          291-l. Cold storage transportation grant program.
     6          291-m. Transportation fuel reimbursement program.
     7          291-n. FarmNet program.
     8    §  291.  Short  title. This article shall be known and may be cited as
     9  the "NY Food Insecurity, Farm Resiliency and Rural Poverty act".
    10    § 291-a. Legislative intent. The legislature  hereby  recognizes  that
    11  New  York  state  boasts  a  valuable  agricultural  sector as well as a
    12  comprehensive structure of ten regional food banks which are tailored to
    13  each region's resources and needs; New York's farmers  and  the  state's
    14  food  banks  work  in  conjunction  with  over  four thousand local food
    15  pantries and non-profit partner organizations to serve between three and
    16  five million New Yorkers annually. In support of these efforts, New York
    17  agriculture,  which  employs  nearly  two  hundred  thousand  residents,
    18  produces  eighteen  billion pounds of fresh produce annually, as well as
    19  over fifteen billion  pounds  of  milk  and  two  hundred  seventy-three
    20  million  pounds  of  meat.  The agricultural sector in New York state is
    21  worth more than five hundred seventy-five  billion  in  direct  economic
    22  activity  annually;  ninety-eight  percent of New York farms are family-
    23  owned, with an average farm size of about two hundred five acres  and  a
    24  median  producer  age of about fifty-seven years.  However profitable in
    25  terms of revenue, it must be acknowledged that  the  amount  of  acreage
    26  under  tillage  has  been in decline; since two thousand twelve, acreage
    27  under cultivation has declined by nearly three hundred  twenty  thousand
    28  acres.
    29    The COVID-19 pandemic and, more specifically, New York state's aggres-
    30  sive  response to it has caused severe disruption to the lives and live-
    31  lihoods of New York farmers; mandatory shutdowns  and  capacity  limita-
    32  tions  related  to  the state's COVID-19 response, especially during the
    33  spring of two thousand twenty, created a massive deficit in  demand  for
    34  agricultural  products and services in sectors ranging from food-service
    35  to tourism,  especially  concerning  dairy  products.  This  drastically
    36  reduced  demand forced New York's farmers to dump millions of gallons of
    37  milk as unprofitable waste, costing  tens  of  millions  of  dollars  in
    38  potential revenue.
    39    New  York  state's COVID-19 response has thrown into sharp relief some
    40  ways in which the relationship between New York  state  agriculture  and
    41  its food banks could be improved, both for the benefit of New York farm-
    42  ers  and  those  in  need.   These include:   agricultural assistance to
    43  prevent agricultural food  waste  and  other  problems  associated  with
    44  temporarily  low  demand  for  agricultural  products  due  to emergency
    45  disruptions; access to, and capacity issues with,  cold  storage  equip-
    46  ment,  and  the  acquisition and maintenance of food transportation.  To
    47  address these needs, the New York Food Insecurity, Farm  Resiliency  and
    48  Rural Poverty act is hereby introduced.
    49    §  291-b.  Definitions.  For  purposes  of this article, the following
    50  terms shall have the following meanings:
    51    1. "Act" shall mean the New York Food Insecurity, Farm Resiliency  and
    52  Rural Poverty act.
    53    2.  "Equipment"  shall  mean tractors, trucks, automated milk pushers,
    54  automated feed pushers,  refrigerators,  freezers,  generators  and  any
    55  other tool, machine or implement used in agricultural, food bank or food
    56  pantry operations.

        A. 6391                             3

     1    3.  "Fuel"  shall  mean  gasoline,  diesel  fuel,  hydrogen,  propane,
     2  compressed natural gas, or an electrical charge stored in  one  or  more
     3  vehicle-borne batteries.
     4    4.  "Cold  storage" shall mean the storage of perishable food products
     5  in a temperature-controlled cold space for the purpose of preservation.
     6    5. "Commercial meat processing" shall mean the large-scale  end-to-end
     7  preparation  of  meat,  poultry  and  seafood for consumption, including
     8  inspection.
     9    6. "Commercial dairy processing" shall mean the large-scale end-to-end
    10  preparation  of  milk  and  milk  products  for  consumption,  including
    11  inspection.
    12    7.  "Rendering"  shall  mean  the  recycling,  by a meat processor, of
    13  unutilized meat, fat, bone and other waste animal  products  into  other
    14  usable products, such as biofuels.
    15    8.  "NY FarmNet" or "FarmNet" means the farm family assistance program
    16  founded in nineteen eighty-six at the New York state college of agricul-
    17  ture and life sciences at Cornell university.
    18    9. "Commissioners" shall mean  the  commissioner  of  agriculture  and
    19  markets,  the  commissioner  of  the  office of temporary and disability
    20  assistance and the commissioner of the department of health.
    21    10. "Initiative" shall mean the New York food insecurity, farm resili-
    22  ency and rural poverty initiative established pursuant  to  section  two
    23  hundred ninety-one of this article.
    24    11.  "Commission"  shall  mean  the New York meat and dairy processing
    25  study  commission  established   pursuant   to   section   two   hundred
    26  ninety-one-f of this article.
    27    12.  "Livestock  producer"  shall mean any person who owns or acquires
    28  ownership of cattle, sheep, deer, llamas, alpacas, goats, horses,  poul-
    29  try,  and similar animals kept for domestic use but not as pets, such as
    30  on a farm or ranch.
    31    § 291-c. NY food insecurity, farm resiliency and rural poverty office.
    32  The commissioners shall initiate and maintain a NY food insecurity, farm
    33  resiliency and rural  poverty  office  within  the  department  for  the
    34  purpose  of providing oversight and assistance to applicants and recipi-
    35  ents intended to benefit from the initiative. The program shall  provide
    36  financial  assistance  in  the form of matching grants, personal service
    37  cost assistance, purchasing assistance, tax credits, tax exemptions, and
    38  reimbursements.
    39    § 291-d. Permanent  agricultural  purchasing  assistance  program.  1.
    40  There  is  hereby created within the NY food insecurity, farm resiliency
    41  and rural poverty office, the  New  York  state  permanent  agricultural
    42  purchasing  assistance  program.   Subject to the availability of funds,
    43  the sum of ten million dollars shall be annually available to fund  such
    44  program. Such program shall be established and funded to permit regional
    45  food  banks  to purchase increased amounts of agricultural food products
    46  from New York farmers.  Funding shall be allocated to each regional food
    47  bank according to a formula determined by the department to ensure equi-
    48  table distribution of funds.
    49    2. During a declared state of emergency and subject to the availabili-
    50  ty of funds, such program shall be given additional funds in the  amount
    51  of twenty million dollars to permit program expansion.
    52    §  291-e.  Commercial  meat,  fiber  and  dairy  processing  incentive
    53  program. 1.  There is hereby created within the NY food insecurity, farm
    54  resiliency and rural poverty office,  the  commercial  meat,  fiber  and
    55  dairy  processing incentive program. The objective of such program is to
    56  increase the available processing capacity for meat, fiber and/or  dairy

        A. 6391                             4

     1  products  in New York state. Under this section, the empire state devel-
     2  opment corporation is authorized to  provide  grants  for  construction,
     3  financing  and  equipment  of  up  to  one hundred percent of a project,
     4  provided  that  the total amount of assistance provided pursuant to this
     5  subdivision shall not exceed an appropriation provided for the  purposes
     6  of this section.
     7    2. The department shall develop rules and regulations necessary to:
     8    (a)  purchase  commercial  real property and build facilities suitable
     9  for turnkey operations by private commercial meat,  fiber  and/or  dairy
    10  processors.  Under this program, the department shall maintain ownership
    11  of the property and equipment and is hereby  authorized  to  enter  into
    12  lease  agreements with commercial meat, fiber and dairy processing busi-
    13  ness entities to operate at such facilities; and
    14    (b) require commercial meat, fiber and/or dairy processing  facilities
    15  located  at and/or operated by the state university of New York to main-
    16  tain full-scale operations in the event of a declaration of a  state  of
    17  emergency.
    18    §  291-f.  New York meat, fiber and dairy processing study commission.
    19  1.  There is hereby established within the department, the commission on
    20  meat, fiber and dairy processing in New York state (hereinafter referred
    21  to as "the commission").
    22    2. The commission shall consist of nineteen members to be appointed as
    23  follows:
    24    (a) the commissioner, or his or her designee;
    25    (b) the commissioner of labor, or his or her designee;
    26    (c) the president of the empire state development corporation, or  his
    27  or her designee;
    28    (d)  the chancellor of the state university of New York, or his or her
    29  designee;
    30    (e) the commissioner of transportation, or his or her designee;
    31    (f) the commissioner of environmental  conservation,  or  his  or  her
    32  designee;
    33    (g)  one  member appointed by the speaker of the assembly, with exper-
    34  tise in one or more of the following areas: meat processing, fiber proc-
    35  essing, dairy processing, or agriculture;
    36    (h) one member appointed by the minority leader of the assembly,  with
    37  expertise  in one or more of the following areas: meat processing, fiber
    38  processing, dairy processing, or agriculture;
    39    (i) one member appointed by the temporary  president  of  the  senate,
    40  with  expertise  in one or more of the following areas: meat processing,
    41  fiber processing, dairy processing, or agriculture;
    42    (j) one member appointed by the minority leader of  the  senate,  with
    43  expertise  in one or more of the following areas: meat processing, fiber
    44  processing, dairy processing, or agriculture;
    45    (k) the head of the food bank association of New York state, or his or
    46  her designee;
    47    (l) one member who serves as the executive director of a regional food
    48  bank;
    49    (m) one member who has owned and/or  operated  meat  processing  oper-
    50  ations in New York for a period of at least five years;
    51    (n) one member who has owned and/or operated a fiber processing opera-
    52  tion in New York for a period of at least five years;
    53    (o)  one member who has owned and/or operated a dairy farm in New York
    54  for a period of at least ten years;
    55    (p) one member who is an active meat inspector;
    56    (q) one member who is an active dairy inspector;

        A. 6391                             5

     1    (r) one member who is a livestock producer; and
     2    (s)  one  member  who has owned and/or operated an active produce farm
     3  for a period of at least ten years.
     4    3. Appointments shall be made to the commission within ninety days  of
     5  the effective date of this article.  Commission members shall receive no
     6  compensation  for  their services but shall be reimbursed for actual and
     7  necessary expenses incurred in the performance of their duties.
     8    4. The commission shall be authorized  to  hold  public  hearings  and
     9  meetings  to  enable  it  to  accomplish  its duties. The commission may
    10  consult with any organization, educational institution, other government
    11  entity or agency or person in the development of its report.
    12    5. The commission shall be tasked  with  undertaking  a  comprehensive
    13  examination of the logistical, legal, economic and regulatory challenges
    14  faced  by  the  meat,  fiber and dairy processing industries in New York
    15  state, with the objective of issuing recommendations in order  to  miti-
    16  gate  these  challenges  to encourage expansion of this economic sector.
    17  Among other matters, the commission shall examine the following areas of
    18  concern:
    19    (a) Lack of inspectors;
    20    (b) Utilities infrastructure;
    21    (c) Labor law;
    22    (d) All state and local regulations, including required documentation;
    23    (e) Shortages of skilled, trained labor;
    24    (f) Financial costs of construction of meat, fiber and dairy  process-
    25  ing facilities; and
    26    (g) Any further issues that the commission shall deem necessary.  Upon
    27  receipt  of recommendations from the commission, the commissioner shall,
    28  within ninety days,  promulgate  rules  and  regulations  necessary  for
    29  effectuating the intent of the recommendations made by the commission.
    30    6.  The  commission  shall  direct the state university of New York to
    31  increase and maintain educational and training programs devoted  to  the
    32  rendering process, given its essential role in processing of this nature
    33  and  the  shortfalls  currently faced by the state in terms of rendering
    34  capacity.
    35    7. The commission will submit recommendations to the governor and  the
    36  legislature concerning the number of processing plants to be constructed
    37  and  where  these  facilities should be located, in order to achieve the
    38  most beneficial economic impact in various regions  of  the  state.  The
    39  commission  shall  issue  a  report  detailing  such recommendations for
    40  improving the state's prospects  concerning  in-state  meat,  fiber  and
    41  dairy  processing  within  nine months of the enactment of this article.
    42  Recommendations specific to the cost and construction of meat, fiber and
    43  dairy processing facilities shall be subject to approval  and  appropri-
    44  ation of funds by the legislature.
    45    §  291-g.  Personal  service  cost assistance program. There is hereby
    46  created within the NY food insecurity, farm resiliency and rural poverty
    47  office, the personal service cost assistance  program.  Subject  to  the
    48  availability  of funds, the sum of two million dollars shall be annually
    49  available to fund such program. Such program shall  be  established  and
    50  funded  to offset the hiring costs of additional personnel in support of
    51  expanded food bank operations, including but not limited to  transporta-
    52  tion  personnel.  No  raises  or  additional  compensation  for existing
    53  employees will be permitted from this funding.
    54    § 291-h. Beginning farmers grant  program.  There  is  hereby  created
    55  within the NY food insecurity, farm resiliency and rural poverty office,
    56  the  beginning  farmers  grant  program.  Subject to the availability of

        A. 6391                             6

     1  funds, the sum of one million dollars shall be made  available  to  fund
     2  the  beginning  farmers  grant program. Such program shall be funded for
     3  grants to be awarded under the beginning farmers  NY  fund  pursuant  to
     4  section sixteen-w of the urban development corporation act.
     5    §  291-i.  Farm  infrastructure  and equipment grant program. There is
     6  hereby created within the NY food insecurity, farm resiliency and  rural
     7  poverty  office,  the  farm  infrastructure and equipment grant program.
     8  Subject to the availability of funds, the sum  of  six  million  dollars
     9  shall be made available to fund such program. Matching grants are hereby
    10  established  to  help  fund the costs of infrastructure improvements and
    11  equipment purchases for established New York farmers who  have  been  in
    12  business for ten years or more. Eligible applicants shall be responsible
    13  for  ten  percent  of funding, leveraging ninety percent in state funds.
    14  Capital grants may be utilized to improve farm  profitability,  purchase
    15  machinery,  including  but  not  limited to, automated farming equipment
    16  and/or for the  construction  or  improvement  of  physical  structures.
    17  Grants to eligible applicants, which shall include veterans and disabled
    18  persons, shall not exceed one hundred thousand dollars.
    19    §  291-j.  Commercial real estate and warehousing grant program. There
    20  is hereby created within the NY food  insecurity,  farm  resiliency  and
    21  rural  poverty  office, the commercial real estate and warehousing grant
    22  program. Subject to the availability of funds, the sum  of  six  million
    23  dollars  shall  be made available to fund such program.  Matching grants
    24  are hereby established to help fund the costs of commercial real  estate
    25  acquisition,  as well as the construction of additional warehouse space,
    26  for each of New York's regional food banks, which shall include but  not
    27  be  limited  to,  Island Harvest, Ltd.   and City Harvest, Inc. Eligible
    28  applicants shall  provide  twenty  percent  funding,  leveraging  eighty
    29  percent  provided  by state funds. Grants to eligible applicants may not
    30  exceed six hundred thousand dollars.
    31    § 291-k. Cold storage equipment grant program. There is hereby created
    32  within the NY food insecurity, farm resiliency and rural poverty office,
    33  the cold storage equipment grant program. Subject to the availability of
    34  funds, the sum of five hundred thousand dollars shall be annually avail-
    35  able to fund such program. Matching grants  are  hereby  established  to
    36  help fund the purchase by non-profits and local food pantries of commer-
    37  cial  and  residential-scale cold-storage equipment. Eligible applicants
    38  must provide ten percent funding, leveraging  ninety  percent  by  state
    39  funds.  Grants  to  eligible  applicants  may  not  exceed five thousand
    40  dollars.
    41    § 291-l. Cold storage transportation grant program.  There  is  hereby
    42  created within the NY food insecurity, farm resiliency and rural poverty
    43  office,  the  cold  storage transportation grant program. Subject to the
    44  availability of funds, the sum of three million dollars  shall  be  made
    45  available  to  fund such program. Matching grants are hereby established
    46  to help fund the purchase, by regional food banks  and  associated  non-
    47  profit  organizations,  of  refrigerated  box  trucks, trailers, and any
    48  vehicles containing or equipped with refrigeration  equipment.  Eligible
    49  applicants  must  provide  twenty  percent  funding,  leveraging  eighty
    50  percent by state funds. Grants to eligible applicants may not exceed one
    51  hundred thousand dollars.
    52    § 291-m. Transportation fuel reimbursement program.  There  is  hereby
    53  created within the NY food insecurity, farm resiliency and rural poverty
    54  office,  the  transportation  fuel reimbursement program. Subject to the
    55  availability of funds, the sum of five hundred thousand dollars shall be
    56  annually available to fund such program.  Such program shall  be  estab-

        A. 6391                             7

     1  lished  and  funded  to  provide reimbursements of fuel costs associated
     2  with increased vehicle use by regional food banks and eligible  non-pro-
     3  fit organizations, subject to the availability of funds.
     4    §  291-n.  FarmNet program. There is hereby created within the NY food
     5  insecurity, farm  resiliency  and  rural  poverty  office,  the  FarmNet
     6  program.  Subject to the availability of funds, the sum of seven hundred
     7  eighteen thousand dollars shall  be  annually  available  to  fund  such
     8  program.
     9    §  4.  Hunger  prevention  and  nutrition assistance program. There is
    10  hereby created within the department of health,  the  hunger  prevention
    11  and  nutrition assistance program. Subject to the availability of funds,
    12  the sum of four million dollars shall be annually available to fund such
    13  program. The commissioner of the department of health is hereby directed
    14  to utilize such funding, allocated according to a formula  which  he  or
    15  she  shall  devise,  to  award  one  new hunger prevention and nutrition
    16  assistance program contract each to the following  non-profit  organiza-
    17  tions: City Harvest, Inc. and Island Harvest, Ltd.
    18    §  5.  Nutrition  outreach  education program. There is hereby created
    19  within the office of temporary and disability assistance, the  nutrition
    20  outreach  education  program.  Subject to the availability of funds, the
    21  sum of two million dollars shall be  annually  available  to  fund  such
    22  program.  Such program shall be established and funded to provide grants
    23  to community-based organizations for nutrition outreach in areas where a
    24  significant percentage or number of those potentially eligible for  food
    25  assistance programs are not participating in such programs.
    26    §  6. Paragraph (a) of subdivision 52 of section 210-B of the tax law,
    27  as added by section 4 of part DDD of chapter 59 of the laws of 2017,  is
    28  amended to read as follows:
    29    (a)  General.  In  the  case of a taxpayer that is an eligible farmer,
    30  there shall be allowed a credit, to be computed as hereinafter  provided
    31  against  the  tax imposed by this article for taxable years beginning on
    32  and after January first, two thousand eighteen. The amount of the credit
    33  shall be [twenty-five] fifty percent of the fair  market  value  of  the
    34  taxpayer's  qualified  donations made to any eligible food pantry during
    35  the taxable year, not to exceed five thousand dollars per taxable  year.
    36  If  the  taxpayer is a partner in a partnership, then the cap imposed by
    37  the preceding sentence shall be applied at the entity level, so that the
    38  aggregate credit allowed to all partners of such entity in  the  taxable
    39  year does not exceed five thousand dollars.
    40    § 7. Paragraph 1 of subsection (n-2) of section 606 of the tax law, as
    41  added  by  section  1  of part DDD of chapter 59 of the laws of 2017, is
    42  amended to read as follows:
    43    (1) General. In the case of a taxpayer  who  is  an  eligible  farmer,
    44  there shall be allowed a credit, to be computed as hereinafter provided,
    45  against  the  tax imposed by this article for taxable years beginning on
    46  and after January first, two thousand eighteen. The amount of the credit
    47  shall be [twenty-five] fifty percent of the fair  market  value  of  the
    48  taxpayer's  qualified  donations made to any eligible food pantry during
    49  the taxable year, not to exceed five thousand dollars per taxable  year.
    50  If  the taxpayer is a partner in a partnership or a shareholder of a New
    51  York S corporation, then the cap imposed by the preceding sentence shall
    52  be applied at the entity level, so that the aggregate credit allowed  to
    53  all partners or shareholders of such entity in the taxable year does not
    54  exceed five thousand dollars.

        A. 6391                             8

     1    §  8. Subparagraph 3 of paragraph (a) of section 5-3.1 of the estates,
     2  powers and trusts law, as amended by chapter 437 of the laws of 2010, is
     3  amended to read as follows:
     4    (3)  Domestic  and  farm  animals  with their necessary food for sixty
     5  days, farm machinery, [one tractor] two tractors and one  lawn  tractor,
     6  not exceeding in aggregate value [twenty] one hundred thousand dollars.
     7    §  9.  Subdivision  3  of  section 701 of the labor law, as amended by
     8  chapter 43 of the laws of 1989, paragraph (a) as amended by chapter  105
     9  of the laws of 2019 and paragraph (c) as amended by section 2 of part II
    10  of chapter 58 of the laws of 2020, is amended to read as follows:
    11    3.  (a)  The  term  "employees"  includes but is not restricted to any
    12  individual employed  by  a  labor  organization;  any  individual  whose
    13  employment  has  ceased  as a consequence of, or in connection with, any
    14  current labor dispute or because of any unfair labor practice,  and  who
    15  has  not obtained any other regular and substantially equivalent employ-
    16  ment; and shall not be limited to the employees of a particular  employ-
    17  er,  unless  the  article  explicitly  states  otherwise,  but shall not
    18  include any individual employed by his parent or spouse or in the domes-
    19  tic service of and directly employed, controlled and paid by any  person
    20  in  his home, any individual whose primary responsibility is the care of
    21  a minor child or children and/or someone who lives  in  the  home  of  a
    22  person for the purpose of serving as a companion to a sick, convalescing
    23  or elderly person or any individuals employed only for the duration of a
    24  labor  dispute,  or  any  individuals  employed as farm laborers or, any
    25  individual who participates in and receives rehabilitative or  therapeu-
    26  tic services in a charitable non-profit rehabilitation facility or shel-
    27  tered  workshop  or  any  individual employed in a charitable non-profit
    28  rehabilitation facility or sheltered workshop who has received rehabili-
    29  tative or therapeutic services and whose capacity to  perform  the  work
    30  for  which he is engaged is substantially impaired by physical or mental
    31  deficiency or injury.
    32    (b) The term "employee" shall also include a professional musician  or
    33  a  person otherwise engaged in the performing arts who performs services
    34  as such. "Engaged in the performing arts" shall mean performing services
    35  in connection with production of or performance in any artistic endeavor
    36  which requires artistic or technical skill or expertise.
    37    [(c) The term "employee"  shall  also  include  farm  laborers.  "Farm
    38  laborers"  shall mean any individual engaged or permitted by an employer
    39  to work on a farm. Members of an agricultural employer's immediate fami-
    40  ly who are related to the third  degree  of  consanguinity  or  affinity
    41  shall  not be considered to be employed on a farm if they work on a farm
    42  out of familial obligations and are not paid  wages,  or  other  compen-
    43  sation based on their hours or days of work.]
    44    §  10.  The  closing  paragraph of subdivision 1 of section 161 of the
    45  labor law is REPEALED.
    46    § 11. Paragraphs b and d of subdivision 2 of section 161 of the  labor
    47  law,  as amended by chapter 105 of the laws of 2019, are amended to read
    48  as follows:
    49    b. Employees in dairies, creameries, milk  condenseries,  milk  powder
    50  factories,  milk  sugar  factories,  milk  shipping stations, butter and
    51  cheese factories, ice  cream  manufacturing  plants  and  milk  bottling
    52  plants, where not more than seven persons are employed;
    53    d.  Employees  whose duties include not more than three hours' work on
    54  Sunday in setting sponges in bakeries, caring for  live  animals,  main-
    55  taining fires, or making necessary repairs to boilers or machinery.
    56    § 12. Section 163-a of the labor law is REPEALED.

        A. 6391                             9

     1    §  13.  The  opening  paragraph  of  paragraph (a) of subdivision 6 of
     2  section 511 of the labor law, as amended by chapter 105 of the  laws  of
     3  2019, is amended to read as follows:
     4    The  term  "employment" [includes] does not include agricultural labor
     5  unless it is covered pursuant to section five hundred sixty-four of this
     6  article.  The term "agricultural labor" includes all service performed:
     7    § 14. Section 564 of the labor law, as added by section 8, subdivision
     8  2 as added and subdivision 3 as renumbered by section 23 of chapter  105
     9  of the laws of 2019, is amended to read as follows:
    10    §  564.  Agricultural  labor [crew leaders]. 1. Coverage. (a) Notwith-
    11  standing the provisions of section five hundred sixty of  this  article,
    12  an employer of persons engaged in agricultural labor shall become liable
    13  for contributions under this article if the employer:
    14    (1)  has  paid cash remuneration of twenty thousand dollars or more in
    15  any calendar quarter to persons employed in agricultural labor, and such
    16  liability shall commence on the first day of such quarter, or
    17    (2) has employed in agricultural labor ten or more persons on each  of
    18  twenty  days during a calendar year or the preceding calendar year, each
    19  day being in a different calendar week, and the liability shall in  such
    20  event commence on the first day of the calendar year, or
    21    (3)  is  liable for the tax imposed under the federal unemployment tax
    22  act as an employer of agricultural labor and the liability shall in such
    23  event commence on the first day of the calendar quarter in such calendar
    24  year when he or she first paid remuneration for  agricultural  labor  in
    25  this state.
    26    (b)  An  employer who becomes liable for contributions under paragraph
    27  (a) of this subdivision shall cease to be liable as of the first day  of
    28  a  calendar  quarter  next following the filing of a written application
    29  provided the commissioner finds that the employer:
    30    (1) has not paid to persons employed in agricultural labor cash remun-
    31  eration of twenty thousand dollars or more in any of the eight  calendar
    32  quarters preceding such day, and
    33    (2) has not employed in agricultural labor ten or more persons on each
    34  of  twenty  days during the current or the preceding calendar year, each
    35  day being in a different week, and
    36    (3) is not liable for the tax imposed under the  federal  unemployment
    37  tax act as an employer of agricultural labor.
    38    2.  Crew  leader.  Whenever a person renders services as a member of a
    39  crew which is paid and furnished by the crew leader to perform  services
    40  in  agricultural  labor for another employer, such other employer shall,
    41  for the purpose of this article, be deemed to be the  employer  of  such
    42  person, unless:
    43    [1.]  (a)  the  crew  leader holds a valid certificate of registration
    44  under the federal farm labor contractor  registration  act  of  nineteen
    45  hundred sixty-three or substantially all the members of the crew operate
    46  or maintain tractors, mechanized harvesting or crop dusting machinery or
    47  any other mechanized equipment which is provided by the crew leader, and
    48    [2.  Exclusion  from  coverage.  For purposes of this section the term
    49  "employment" shall not include services rendered by an individual who is
    50  admitted to the United States to perform agricultural labor pursuant  to
    51  8 USC 1188 if, at the time such services are rendered, they are excluded
    52  from  the  definition  of  employment  in section 3306(c) of the Federal
    53  Unemployment Tax Act.
    54    3.] (b) the crew leader is not an employee of such other employer  and
    55  has  not entered into a written agreement with such employer under which
    56  he or she is designated as an employee.

        A. 6391                            10

     1    § 15. Paragraph (m) of subdivision 5 of  section  225  of  the  public
     2  health law, as amended by chapter 105 of the laws of 2019, is amended to
     3  read as follows:
     4    (m) require that application be made for a permit to operate a farm or
     5  food  processing  labor  camp as defined in the sanitary code; authorize
     6  appropriate officers or agencies to issue such a permit when the  appli-
     7  cant is in compliance with the established regulations; prescribe stand-
     8  ards  for  living  quarters  at  farm  and  food processing labor camps,
     9  including provisions for sanitary conditions; light,  air,  and  safety;
    10  protection from fire hazards; maintenance; and such other matters as may
    11  be  appropriate  for  security of life or health, provided however, that
    12  the  provisions  of  the  sanitary  code  established  pursuant  to  the
    13  provisions  hereof  shall  apply  to  all farm and food processing labor
    14  camps intended to house migrant workers and which are occupied  by  five
    15  or  more  persons.    In the preparation of such regulations, the public
    16  health and health planning council may request and shall receive techni-
    17  cal assistance from the board of standards  and  appeals  of  the  state
    18  department  of  labor and the state building code commission. Such regu-
    19  lation shall be enforced in the same manner as are other  provisions  of
    20  the sanitary code;
    21    §  16. Groups 14-a and 14-b of subdivision 1 of section 3 of the work-
    22  ers' compensation law, as amended by chapter 105 of the  laws  of  2019,
    23  are amended to read as follows:
    24    Group  14-a.  On  and after January first, nineteen hundred sixty-two,
    25  any other employment in a trade, business, or occupation carried  on  by
    26  the  employer  for  pecuniary  gain in which one or more employees other
    27  than farm laborers are employed.
    28    Group 14-b. Employment as a farm laborer as provided herein. A  farmer
    29  shall provide coverage under this chapter for all farm laborers employed
    30  during  any  part of the twelve consecutive months beginning April first
    31  of any calendar year preceded by a  calendar  year  in  which  the  cash
    32  remuneration paid to all farm laborers aggregated twelve hundred dollars
    33  or more.
    34    § 17. Section 51 of the workers' compensation law, as amended by chap-
    35  ter 105 of the laws of 2019, is amended to read as follows:
    36    § 51. Posting of notice regarding compensation. Every employer who has
    37  complied with section fifty of this article shall post and maintain in a
    38  conspicuous place or places in and about his place or places of business
    39  typewritten or printed in English and Spanish notices in form prescribed
    40  by  the  chairman,  stating  the  fact that he has complied with all the
    41  rules and regulations of the chairman and the  board  and  that  he  has
    42  secured  the  payment  of compensation to his employees and their depen-
    43  dents in accordance with the provisions of this chapter, but failure  to
    44  post  such  notice  as  herein  provided shall not in any way affect the
    45  exclusiveness of the remedy provided for by section eleven of this chap-
    46  ter. Every employer who owns or operates automotive or horse-drawn vehi-
    47  cles and has no minimum staff of regular employees  required  to  report
    48  for work at an established place of business maintained by such employer
    49  and  every  employer  who is engaged in the business of moving household
    50  goods or furniture shall post such notices in  each  and  every  vehicle
    51  owned or operated by him. Failure to post or maintain such notice in any
    52  of said vehicles shall constitute presumptive evidence that such employ-
    53  er  has  failed  to secure the payment of compensation. The chairman may
    54  require any employer to furnish a written statement at any time  showing
    55  the stock corporation, mutual corporation or reciprocal insurer in which
    56  such  employer  is  insured  or  the  manner  in which such employer has

        A. 6391                            11

     1  complied with any provision of this chapter. Failure for a period of ten
     2  days to furnish such  written  statement  shall  constitute  presumptive
     3  evidence that such employer has neglected or failed in respect of any of
     4  the  matters  so  required.  Any  employer  who fails to comply with the
     5  provisions of this section shall be required to pay to the board a  fine
     6  of [five hundred] up to two hundred fifty dollars for each violation, in
     7  addition  to any other penalties imposed by law to be deposited into the
     8  uninsured employers' fund.
     9    § 18. Section 110-b of the workers' compensation law is REPEALED.
    10    § 19. The opening paragraph of section 120  of  the  workers'  compen-
    11  sation law, as amended by chapter 105 of the laws of 2019, is amended to
    12  read as follows:
    13    It  shall  be  unlawful for any employer or his or her duly authorized
    14  agent to discharge or fail to reinstate pursuant to section two  hundred
    15  three-b  of this chapter, or in any other manner discriminate against an
    16  employee as to his or her employment because such employee  has  claimed
    17  or  attempted  to  claim  compensation  from such employer, [requested a
    18  claim form for injuries  received  in  the  course  of  employment,]  or
    19  claimed  or  attempted to claim any benefits provided under this chapter
    20  or because he or she has testified or is about to testify in a  proceed-
    21  ing  under  this chapter and no other valid reason is shown to exist for
    22  such action by the employer.
    23    § 20. The opening paragraph of paragraph A of subdivision 6 of section
    24  201 of the workers' compensation law, as amended by chapter 105  of  the
    25  laws of 2019, is amended to read as follows:
    26    "Employment"  means  employment  in  any trade, business or occupation
    27  carried on by an employer, except that the following shall not be deemed
    28  employment under this article:  services  performed  for  the  state,  a
    29  municipal corporation, local governmental agency, other political subdi-
    30  vision  or  public authority; employment subject to the federal railroad
    31  unemployment insurance act; service performed on or  as  an  officer  or
    32  member  of  the  crew  of  a vessel on the navigable water of the United
    33  States or outside the United States; services as farm  laborers;  casual
    34  employment  and the first forty-five days of extra employment of employ-
    35  ees not regularly in employment as otherwise defined herein; service  as
    36  golf  caddies;  and service during all or any part of the school year or
    37  regular vacation periods as a part-time worker of any person actually in
    38  regular attendance during the day time as a student in an elementary  or
    39  secondary  school.  The  term  "employment"  shall  include  domestic or
    40  personal work in a private home. The term "employment" shall not include
    41  the services of a licensed real estate broker or sales associate  if  it
    42  be proven that (a) substantially all of the remuneration (whether or not
    43  paid in cash) for the services performed by such broker or sales associ-
    44  ate is directly related to sales or other output (including the perform-
    45  ance  of  services)  rather  than to the number of hours worked; (b) the
    46  services performed by the broker or sales associate are performed pursu-
    47  ant to a written contract executed between such broker or sales  associ-
    48  ate  and  the person for whom the services are performed within the past
    49  twelve to fifteen months; and (c) the written contract provided  for  in
    50  subparagraph  (b)  of  this  paragraph was not executed under duress and
    51  contains the following provisions:
    52    § 21. The opening paragraph of subdivision 5 of  section  651  of  the
    53  labor  law, as amended by chapter 105 of the laws of 2019, is amended to
    54  read as follows:
    55    "Employee" includes any individual employed or permitted to work by an
    56  employer in any occupation, but shall not include any individual who  is

        A. 6391                            12

     1  employed  or  permitted  to  work: (a) on a casual basis in service as a
     2  part time baby sitter in the home of the employer; (b)  in  labor  on  a
     3  farm;  (c)  in  a  bona  fide executive, administrative, or professional
     4  capacity;  [(c)]  (d)  as  an  outside  salesman;  [(d)] (e) as a driver
     5  engaged in operating a taxicab; [(e)] (f) as  a  volunteer,  learner  or
     6  apprentice  by  a  corporation,  unincorporated  association,  community
     7  chest, fund or foundation organized and operated exclusively  for  reli-
     8  gious,  charitable  or educational purposes, no part of the net earnings
     9  of which inures to the benefit of any private shareholder or individual;
    10  [(f)] (g) as a member of a religious  order,  or  as  a  duly  ordained,
    11  commissioned  or  licensed minister, priest or rabbi, or as a sexton, or
    12  as a christian science reader; [(g)] (h) in or for such a  religious  or
    13  charitable  institution,  which  work  is incidental to or in return for
    14  charitable aid conferred upon such individual and not under any  express
    15  contract  of  hire; [(h)] (i) in or for such a religious, educational or
    16  charitable institution if such individual is a student; [(i)] (j) in  or
    17  for such a religious, educational or charitable institution if the earn-
    18  ing  capacity  of  such  individual is impaired by age or by physical or
    19  mental deficiency or injury; [(j)] (k)  in  or  for  a  summer  camp  or
    20  conference  of  such  a religious, educational or charitable institution
    21  for not more than three months annually; [(k)] (l) as a staff  counselor
    22  in  a  children's  camp;  [(l)]  (m)  in  or for a college or university
    23  fraternity, sorority, student association  or  faculty  association,  no
    24  part  of  the net earnings of which inures to the benefit of any private
    25  shareholder or individual, and which is recognized by  such  college  or
    26  university,  if  such  individual  is a student; [(m)] (n) by a federal,
    27  state or municipal government or political  subdivision  thereof;  [(n)]
    28  (o)  as  a volunteer at a recreational or amusement event run by a busi-
    29  ness that operates such events, provided that no single such event lasts
    30  longer than eight consecutive days and  no  more  than  one  such  event
    31  concerning  substantially the same subject matter occurs in any calendar
    32  year, where (1) any such volunteer shall be at least eighteen  years  of
    33  age,  (2)  a business seeking coverage under this paragraph shall notify
    34  every volunteer in writing, in language acceptable to the  commissioner,
    35  that  by volunteering his or her services, such volunteer is waiving his
    36  or her right to receive the minimum wage pursuant to this  article,  and
    37  (3)  such  notice  shall  be signed and dated by a representative of the
    38  business and the volunteer and kept on file by the business for  thirty-
    39  six  months; or [(o)] (p) in the delivery of newspapers or shopping news
    40  to the consumer by a person  who  is  not  performing  commercial  goods
    41  transportation services for a commercial goods transportation contractor
    42  within  the meaning of article twenty-five-C of this chapter. The exclu-
    43  sions from the term "employee" contained in this subdivision shall be as
    44  defined by regulations of the commissioner.
    45    § 22. Subdivision 1 of section 674 of the labor  law,  as  amended  by
    46  chapter 105 of the laws of 2019, is amended to read as follows:
    47    1. The commissioner may promulgate such regulations as he deems appro-
    48  priate  to carry out the purposes of this article and to safeguard mini-
    49  mum wage standards. Such regulations may include, but  are  not  limited
    50  to,  the  defining of the circumstances or conditions for the acceptance
    51  of non-hourly rates and piece rates as equivalent to the minimum  hourly
    52  rates  established  by  this article. Such regulations also may include,
    53  but are not limited  to,  waiting  time  and  call-in  pay  rates;  wage
    54  provisions  governing  guaranteed  earnings  during specified periods of
    55  work; allowances for meals,  lodging,  and  other  items,  services  and
    56  facilities  when  furnished by the employer; and the employment of indi-

        A. 6391                            13

     1  viduals whose earning capacity is affected or impaired by youth or  age,
     2  or  by  physical  or  mental deficiency or injury, under special certif-
     3  icates issued by the commissioner, at such wages lower than the  minimum
     4  wage  established  by  this  article  and  for  such  period as shall be
     5  prescribed in such regulations.
     6    § 23. Subdivision 2 of section 701 of the labor  law,  as  amended  by
     7  chapter 105 of the laws of 2019, is amended to read as follows:
     8    2.  [(a)]  The term "employer" includes any person acting on behalf of
     9  or in the interest of an employer, directly or indirectly, with or with-
    10  out his knowledge, and shall include any person who is the purchaser  of
    11  services performed by a person described in paragraph (b) of subdivision
    12  three  of this section, but a labor organization or any officer or agent
    13  thereof shall only be considered an employer with respect to individuals
    14  employed by such organization.
    15    [(b) The term "employer" includes  agricultural  employers.  The  term
    16  "agricultural  employer"  shall mean any employer engaged in cultivating
    17  the soil or in raising or harvesting any agricultural  or  horticultural
    18  commodity  including  custom harvesting operators, and employers engaged
    19  in the business of crops, livestock and livestock products as defined in
    20  section three hundred one of the agriculture and markets law,  or  other
    21  similar agricultural enterprises.]
    22    §  24.  The  closing  paragraph  of  section  703  of the labor law is
    23  REPEALED.
    24    § 25. Section 704-b of the labor law is REPEALED.
    25    § 26. Subdivision 1-a of section 705 of the labor law is REPEALED.
    26    § 27. Section 702-b of the labor law is REPEALED.
    27    § 28. Section 674-a of the labor law is REPEALED.
    28    § 29. The sum of thirty-five million seven  hundred  thousand  dollars
    29  ($35,700,000),  or so much thereof as may be necessary, is hereby appro-
    30  priated to the department of agriculture and markets from any moneys  in
    31  the  state  treasury  in  the  general  fund  to the credit of the state
    32  purposes account for the initial capital of the NY Food Insecurity, Farm
    33  Resiliency and Rural Poverty Initiative in carrying out  the  provisions
    34  of  this  act. Such sum shall be payable on the audit and warrant of the
    35  state comptroller on  vouchers  certified  or  approved  in  the  manner
    36  provided  by  law.  No expenditure shall be made from this appropriation
    37  until a certificate of approval of availability shall have  been  issued
    38  by the director of the budget and filed with the state comptroller and a
    39  copy  filed  with  the  chairman of the senate finance committee and the
    40  chairman of the assembly ways and means committee. Such certificate  may
    41  be amended from time to time by the director of the budget and a copy of
    42  each  such  amendment  shall  be  filed  with the state comptroller, the
    43  chairman of the senate finance committee and the chairman of the  assem-
    44  bly ways and means committee.
    45    §  30. This act shall take effect immediately; provided, however, that
    46  section three of this act shall take effect on the one hundred eightieth
    47  day after it shall have become a law. Effective immediately,  the  addi-
    48  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    49  the implementation of this act on its effective date are  authorized  to
    50  be made and completed on or before such effective date.
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