Bill Text: NY S03678 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to creating a farm investment fund.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2016-06-09 - SUBSTITUTED BY A2417C [S03678 Detail]

Download: New_York-2015-S03678-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3678--C
            Cal. No. 1391
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 13, 2015
                                       ___________
        Introduced  by Sens. FUNKE, LARKIN, MARCHIONE, PANEPINTO, RITCHIE, VALE-
          SKY -- read twice and ordered printed, and when printed to be  commit-
          ted  to  the  Committee on Agriculture -- reported favorably from said
          committee and committed to  the  Committee  on  Finance  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  -- recommitted to the Committee on Agriculture in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported favorably from said committee  and  committed  to  the
          Committee  on  Finance  --  reported  favorably  from  said committee,
          ordered to first report, amended on first report, ordered to a  second
          report  and  ordered  reprinted,  retaining  its place in the order of
          second report
        AN ACT to amend the agriculture and markets law and the New  York  state
          urban  development  corporation  act,  in  relation to creating a farm
          investment fund
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 16 of the agriculture and markets law is amended by
     2  adding a new subdivision 49 to read as follows:
     3    49. Cooperate with the empire state development corporation to develop
     4  a  farm  investment  fund  program  to provide grants to farmers for the
     5  purposes of making investments in their farm and farm practices, includ-
     6  ing, but not limited to, infrastructure, equipment and marketing of farm
     7  products. Such investments may also include updating and improving agri-
     8  cultural environmental management, as defined  in  article  eleven-A  of
     9  this  chapter,  practices, equipment and infrastructure. Farm investment
    10  is especially important for farms that are being transitioned from long-
    11  time owners to new owners and beginning farmers.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01493-15-6

        S. 3678--C                          2
     1    § 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
     2  New York state urban development corporation act, is amended by adding a
     3  new section 16-x to read as follows:
     4    §  16-x.  Farm  investment fund. 1. The farm investment fund is hereby
     5  created. The purpose of the farm investment fund is to  make  grants  to
     6  eligible  applicants  for  investments in their farm and farm practices,
     7  including, but not limited to, infrastructure, equipment  and  marketing
     8  of  farm products. Such investment may also include updating and improv-
     9  ing  agricultural  environmental  management,  as  defined  in   article
    10  eleven-A  of  the  agriculture and markets law, practices, equipment and
    11  infrastructure. Farm investment is especially important for  farms  that
    12  are being transitioned from long-time owners to new owners and beginning
    13  farmers.
    14    2.  The  corporation  shall consult with the department of agriculture
    15  and markets in order to establish such criteria governing the  award  of
    16  grants  as  authorized  by  this  section,  as  the corporation and such
    17  department deem necessary. Such  criteria  shall  include,  but  not  be
    18  limited to:
    19    (a)  farmers  who will materially and substantially participate in the
    20  production of an agricultural product within a region of the state;
    21    (b) farmers who demonstrate innovative plans for  investing  in  their
    22  farms  that  would result in the growth of business within the state and
    23  the concomitant creation of jobs and tax revenues for the state; and
    24    (c) farmers who have developed a formal business plan.
    25    3. The corporation shall establish a competitive  rating  process  for
    26  the  evaluation  of applicants for the farm investment fund. Such rating
    27  criteria to be considered for eligibility include, but are  not  limited
    28  to:
    29    (a)  plans  that  show concrete steps for growth, protection of assets
    30  and sales development;
    31    (b) education, including a post secondary  degree  in  an  agriculture
    32  related field of study or online training; and
    33    (c) experience working on a farm.
    34    The  corporation may give preference to veterans, those transferring a
    35  family farm to a new farmer and to farmers expanding an  existing  farm.
    36  When  awarding  funds  pursuant  to  this section, the corporation shall
    37  ensure that applicants meet the criteria and requirements established by
    38  the corporation pursuant to this section.
    39    4. The farm investment fund shall not invest an amount in  any  single
    40  beneficiary   that  exceeds  fifty  thousand  dollars,  subject  to  any
    41  exceptions to be established by guidelines of the corporation.
    42    5. Notwithstanding any provision of law to the  contrary,  the  corpo-
    43  ration  may  establish  a program fund for program use and pay into such
    44  fund any eligible funds available to the corporation  from  any  source,
    45  including moneys appropriated by the state.
    46    6.  The corporation shall submit a report annually on December thirty-
    47  first to the director of the budget,  the  temporary  president  of  the
    48  senate,  the  speaker of the assembly, the minority leader of the senate
    49  and the minority leader of the assembly detailing:
    50    (a) the total amount of funds committed to each applicant;
    51    (b) the location of each applicant; and
    52    (c) such other information as the corporation deems necessary.
    53    7. The corporation is hereby authorized to  establish  guidelines  for
    54  the  administration of the program, including application procedures and
    55  disbursement terms. Such guidelines shall require the repayment of funds
    56  received by the beneficiary if the beneficiary leaves New York state  or

        S. 3678--C                          3
     1  otherwise  ceases  farming  activity  within five years. Any such repaid
     2  moneys shall be returned to the farm investment fund.
     3    §  3.   Funding for such program shall consist of all revenue received
     4  pursuant to an appropriation thereto, and all other monies appropriated,
     5  credited or transferred from any other source pursuant to  law.  Nothing
     6  in  this  section  shall  be  deemed to prevent the state from receiving
     7  grants, gifts or bequests for the purpose of the program.  Grants  shall
     8  only be awarded based upon the availability of funds.
     9    §  4. This act shall take effect on the first of April next succeeding
    10  the date on which it shall have become a law;  provided,  however,  that
    11  effective immediately, the addition, amendment and/or repeal of any rule
    12  or regulation necessary for the implementation of this act on its effec-
    13  tive date is authorized to be made and completed on or before such date.
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