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
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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.
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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
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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;
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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
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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-
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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.
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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.
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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.
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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.