BILL NUMBER: S593
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to land
used in agricultural production
 
PURPOSE:
This bill expands the definition of "land used in agricultural
production" to allow start-up, beginning, and small farms that are in
production of the sale of crops, livestock or livestock products to
receive an agricultural assessment by creating temporary carve outs if
the farm is able to establish they have the ability to meet the current-
ly required annual gross sales value within a certain timeframe.
 
SUMMARY OF PROVISIONS:.
Section I: Provides start-up farms with land of at least seven acres 5
years to meet the annual gross sales value requirement. Beginning or
small farms with seven acres or more must have an annual gross sales
value of $5,000, or farms with less than seven acres must have an annual
gross sales value of $35,000, have three years to meet the $10,000 and
$50,000 gross sales value respectively. Any farm that is unable to reach
the sales goals in the allotted time frame loses their agricultural
assessment, without penalty, under this section.
The Commissioner of the Department of Agriculture and Markets (DAM) is
responsible for creating a set of metrics and considerations for the
assessor to use when determining whether a farm operation will meet the
gross sales value requirement in the timeframe allotted. The assessor
must also take into consideration whether the farm operation was awarded
a state or federal grant, in particular grants for beginning farmers and
grants for economically and socially disadvantaged farmers. The Commis-
sioner is also tasked with monitoring the farm's progress and connect
the farm with resources to help the farm meet the gross sales require-
ment. The Commissioner may also task the young farmer advisory board
with these duties.
 
JUSTIFICATION:
Many start-up, beginning and small farms struggle to meet the annual
gross sates threshold to receive an agricultural assessment, which
provides farms property tax benefits to incentivize protecting farmland
and helping with the fiscal uncertainty of operating a farm business.
This bill provides these farmers an opportunity to receive this tax
benefit, protect their land, and connect them with the resources. needed
to ensure success. This bill encourages aspiring farmers from different
backgrounds to grow food in the state and feed their communities.
 
LEGISLATIVE HISTORY:
2021: S5955 - REFERRED TO AGRICULTURE
2022: S5955 - REFERRED TO AGRICULTURE
2023: S1056A Passed Senate / A3786A referred to Agriculture
2024: S1056A Passed Senate / A3786A referred to Agriculture
 
FISCAL IMPLICATIONS:
None to state
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law and
shall apply to assessment rolls prepared on the basis of a taxable
status date occurring on or after such date, except that any rules and
regulations necessary for the timely implementation of this act on its
effective date may be promulgated on or before such date.

Statutes affected:
S593: 301 agriculture and markets law, 301(4) agriculture and markets law