Bill Text: NY A07294 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to agricultural custom operators.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to agriculture [A07294 Detail]

Download: New_York-2017-A07294-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7294
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 21, 2017
                                       ___________
        Introduced  by M. of A. MAGEE, DiPIETRO -- read once and referred to the
          Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to agricul-
          tural custom operators
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  11  of  section  301  of the agriculture and
     2  markets law, as amended by chapter 35 of the laws of  2016,  is  amended
     3  and a new subdivision 19 is added to read as follows:
     4    11.  "Farm operation" means the land and on-farm buildings, equipment,
     5  manure processing and handling facilities, and practices which  contrib-
     6  ute to the production, preparation and marketing of crops, livestock and
     7  livestock  products  as a commercial enterprise, including a "commercial
     8  horse boarding operation" as defined in  subdivision  thirteen  of  this
     9  section, a "timber operation" as defined in subdivision fourteen of this
    10  section,  "compost, mulch or other biomass crops" as defined in subdivi-
    11  sion seventeen of this section [and], "commercial equine  operation"  as
    12  defined  in  subdivision  eighteen  of this section and an "agricultural
    13  custom operator" as defined in subdivision  nineteen  of  this  section.
    14  Such farm operation may consist of one or more parcels of owned or rent-
    15  ed land, which parcels may be contiguous or noncontiguous to each other.
    16    19.  "Agricultural  custom  operator" means an operator whose services
    17  are hired by a farm operation to undertake an activity on the farm oper-
    18  ation that is an essential activity of the farm operation.  An  agricul-
    19  tural  custom operator's functions shall include, but not be limited to,
    20  the following: planting  or  harvesting  crops,  spreading  manure,  and
    21  applying pesticides or fertilizers.
    22    §  2. Paragraph b of subdivision 1 of section 305-a of the agriculture
    23  and markets law, as added by chapter 497 of the laws of 2011, is amended
    24  to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09366-01-7
        A. 7294                             2
     1    b. Upon the request of any municipality, farm owner  or  operator,  or
     2  agricultural  custom  operator, the commissioner shall render an opinion
     3  to the appropriate local government officials, as to whether farm  oper-
     4  ations would be unreasonably restricted or regulated by proposed changes
     5  in  local  land  use regulations, ordinances or local laws pertaining to
     6  agricultural practices and to the appropriate local land use enforcement
     7  officials administering local land use regulations, ordinances, or local
     8  laws or reviewing a permit pertaining to agricultural practices.
     9    § 3. This act shall take effect immediately.