Bill Text: NY A06686 | 2009-2010 | General Assembly | Amended
Bill Title: Increases the maximum percentage for agricultural protection state assistance payments when project costs are contributed by the owner of the agricultural land; provides that payments shall not exceed eighty-seven and one-half percent of the eligible costs of the project.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2010-07-30 - signed chap.234 [A06686 Detail]
Download: New_York-2009-A06686-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6686--A
Cal. No. 450
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. MAGEE, LIFTON, GUNTHER, GORDON -- read once and
referred to the Committee on Agriculture -- reported from committee,
advanced to a third reading, amended and ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the agriculture and markets law, in relation to agricul-
tural protection state assistance payments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 325 of the agriculture and markets
2 law, as amended by chapter 124 of the laws of 2007, is amended to read
3 as follows:
4 1. Subject to the availability of funds, a program is hereby estab-
5 lished to finance through state assistance payments the state share of
6 the costs of county and municipal agricultural and farmland protection
7 activities. State assistance payments for planning activities shall not
8 exceed fifty thousand dollars to each county agricultural and farmland
9 protection board or one hundred thousand dollars to two such boards
10 applying jointly, and shall not exceed fifty percent of the cost of
11 preparing an agricultural and farmland protection plan. State assistance
12 payments for planning activities shall not exceed twenty-five thousand
13 dollars to each municipality other than a county or fifty thousand
14 dollars to two such municipalities applying jointly, and shall not
15 exceed seventy-five percent of the cost of preparing an agricultural and
16 farmland protection plan. A county which has an approved farmland
17 protection plan may after one hundred twenty months from the date of
18 such approval by the commissioner apply for additional state assistance
19 payments for planning activities related to the updating of their
20 current plan or development of a new farmland protection plan. Such
21 additional state assistance payments shall not exceed fifty thousand
22 dollars to each county agricultural and farmland protection board or one
23 hundred thousand dollars to two such boards applying jointly, and shall
24 not exceed fifty percent of the cost of preparing an agricultural and
25 farmland protection plan. State assistance payments for implementation
26 of approved agricultural and farmland protection plans may fund up to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10190-06-0
A. 6686--A 2
1 seventy-five percent of the cost of implementing the county plan or
2 portion of the plan for which state assistance payments are requested.
3 STATE ASSISTANCE PAYMENTS TO SUCH COUNTIES SHALL NOT EXCEED SEVENTY-FIVE
4 PERCENT OF THE COST OF IMPLEMENTING THE LOCAL PLAN OR PORTION OF THE
5 PLAN FOR WHICH STATE ASSISTANCE HAS BEEN REQUESTED. SUCH MAXIMUM SHALL
6 BE INCREASED BY A PERCENTAGE EQUAL TO THE PERCENTAGE OF THE TOTAL ELIGI-
7 BLE COSTS FOR SUCH SPECIFIED PROJECTS THAT ARE CONTRIBUTED BY THE OWNER
8 OF THE AGRICULTURAL LAND FOR WHICH THE PROJECT IS BEING FUNDED,
9 PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE TOTAL OF SUCH STATE
10 ASSISTANCE PAYMENTS EXCEED EIGHTY-SEVEN AND ONE-HALF PERCENT OF SUCH
11 ELIGIBLE COSTS FOR ANY SPECIFIED PROJECT.
12 S 2. Paragraphs (b) and (c) of subdivision 2 of section 325 of the
13 agriculture and markets law, as amended by chapter 93 of the laws of
14 2010, are amended to read as follows:
15 (b) Within a county, a municipality which has in place a local farm-
16 land protection plan may apply and shall be eligible for agricultural
17 protection state assistance payments to implement its plan, or a portion
18 of its plan, provided the proposed project is endorsed for funding by
19 the agricultural and farmland protection board for the county in which
20 the municipality is located and that any plan developed on or after
21 January first, two thousand six complies with section three hundred
22 twenty-four-a of this article. State assistance payments to such munici-
23 palities shall not exceed seventy-five percent of the cost of implement-
24 ing the local plan or portion of the plan for which state assistance has
25 been requested. SUCH MAXIMUM SHALL BE INCREASED BY A PERCENTAGE EQUAL TO
26 THE PERCENTAGE OF THE TOTAL ELIGIBLE COSTS FOR SUCH SPECIFIED PROJECTS
27 THAT ARE CONTRIBUTED BY THE OWNER OF THE AGRICULTURAL LAND FOR WHICH THE
28 PROJECT IS BEING FUNDED; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE
29 TOTAL OF SUCH STATE ASSISTANCE PAYMENTS EXCEED EIGHTY-SEVEN AND ONE-HALF
30 PERCENT OF SUCH ELIGIBLE COSTS FOR ANY SPECIFIED PROJECT. The commis-
31 sioner may require such information or additional planning as he or she
32 deems necessary to evaluate such a request for state assistance.
33 (c) A not-for-profit conservation organization may apply and shall be
34 eligible for agricultural protection state assistance payments to imple-
35 ment a county or municipal agricultural and farmland protection plan
36 approved by the commissioner provided that the proposed project is
37 endorsed for funding by the county agricultural and farmland protection
38 board for the county in which the proposed project is located. The
39 proposed project must also be endorsed for funding by the municipality
40 in which the proposed project is located if the not-for-profit conserva-
41 tion organization is seeking agricultural protection state assistance
42 payments to implement an approved municipal agricultural and farmland
43 protection plan. State assistance payments to such not-for-profit organ-
44 izations shall not exceed seventy-five percent of the cost of implement-
45 ing the local plan or portion of the plan for which state assistance has
46 been requested. SUCH MAXIMUM SHALL BE INCREASED BY A PERCENTAGE EQUAL TO
47 THE PERCENTAGE OF THE TOTAL ELIGIBLE COSTS FOR SUCH SPECIFIED PROJECTS
48 THAT ARE CONTRIBUTED BY THE OWNER OF THE AGRICULTURAL LAND FOR WHICH THE
49 PROJECT IS BEING FUNDED; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE
50 TOTAL OF SUCH STATE ASSISTANCE PAYMENTS EXCEED EIGHTY-SEVEN AND ONE-HALF
51 PERCENT OF SUCH ELIGIBLE COSTS FOR ANY SPECIFIED PROJECT. The commis-
52 sioner may require such information or additional planning as he or she
53 deems necessary to evaluate such a request for state assistance.
54 S 3. This act shall take effect immediately.
