2015 Annual report of the Senate Agriculture Committee

8/20/2019 2015 Annual report of the Senate Agriculture Committee

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Across New York State, 35,000 family farmers are growing and producing more than ever. With record-setting salesexceeding $6.4 billion a year, and a workforce of over 100,000, agriculture is without doubt New York’s mostimportant industry.

That’s why the State Senate has made support for farmers among our top priorities, and the Senate’s AgricultureCommittee has been leading the way to support and strengthen family farming in New York.

In 2015, in addition to achieving a new record for state budget funding for agriculture, farmers reaped $11 million in

savings from our new farmland assessment cap, and beginning farmers bene tted from the rst-ever grants under theSenate’s Young Farmers initiative to preserve farming for future generations.

The Senate also made strides in connecting farmers and consumers, by promoting farmers markets, increasing farmsales to schools and government facilities, and taking steps to create new “food hubs” to ease the transfer of Upstatefarm products to busy markets in New York City and across the state.

The Senate Agriculture Committee will continue to work just as hard as our farmers in 2016 to strengthen and protectthe future of agriculture—our most important industry.

Senator Patty Ritchie Chair, Senate Agriculture Committee

Planting SeedsGrowing the Future of New York Farming

2015 ANNUAL REPORTSENATE COMMITTEE ON AGRICULTUSenator Patty Ritchie | Chair, Senate Agriculture Committee


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Planting Seeds: 2015 Senate Agriculture Committee Annual Report 2015Planting Seeds: 2015 Senate Agriculture Committee Annual Report 2015

SenatorMarc Panepinto,Ranking Member

SenatorLeroy Comrie

SenatorRich Funke

Senator Jesse Hamilton

SenatorPatrick M. Gallivan

SenatorVelmanette Montgomery

Theodore T. KusnierzCommittee Director

Patricia McMurray Committee Clerk

Sheila O’SullivanCounsel

Stephanie BubLegislative Analyst

SenatorPatty RitchieChair

SenatorThomas F. O’Mara

SenatorMichael H. Ranzenhofer

Senator Jose Serrano

Senator James L. Seward

SenatorDavid J. Valesky

SenatorCatharine Young

COMMITTEE STAFF

Eleven members of the Senate Agriculture Committee were recognized asmembers of the New York Farm Bureau 2015 “Circle of Friends.”

2015 SENATE AGRICULTURE COMMITTEE


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Planting Seeds: 2015 Senate Agriculture Committee Annual Report 2015

Majority Leader Flanagan learnsthe business end of dairy farming

during his agriculture tour.

Newly elected Senate MajorityLeader John Flanagan reaf rmed theSenate’s commitment to agriculture

by touring Jefferson County’sGarden of Eden farm.

NEW YORK AGRICULTURE:Our Leading IndustryA Top Senate Priority

GROWING STRONGER EVERY DAY

Stronger farms mean a stronger future, and the State Senate’sMajority has recognized the importance of agriculture to NewYork’s economy by being the leading champion for family farmers.Highlights of the 2015 Session included:

Record state budget funding for agriculture programs,including new and restored funding for ag educators

-marketing and promotion of NY-grown products-support for critical research in animal and plant health-investments in farmer health and safety

Expansion of the Senate’s Young Farmers initiative tprovide assistance to more beginning farmers, including a newfarmer grant program to help farmers dig into agriculture

Success of the rst year of the new land assessment capresulting in $11 million in savings to farmers

A new focus on ways to connect growers and consumersincluding funding for new Upstate “food hubs” and a rst-everexpansion of the Senior Farmers Market Nutrition Program

NY’s Largest Private Employers

Family Farmers: 100,000+

North Shore-LIJ Health 37,000Walmart 28,000

JP Morgan Chase 27,000Wegmans 27,000Verizon 27,000

Sources: USDA, Center for Government Research

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A highlight of the Senate Agriculture Committee’s 2015 agenda wasadoption of several initiatives designed to capitalize on the growinginterest in eating locally produced foods. The Senate’s “Grown in

NY” plan aims at promoting connections between local farms andconsumers, and to grow markets for New York-grown products.

SENIOR FARMERS MARKET NUTRITION PROGRAMThe State Budget included a rst-ever expansion of a USDA-ledprogram that provides xed income seniors with special couponsthat can be redeemed for free, locally grown foods from hundredsof farmers markets across the state. Thanks to Senate action, 20,000more seniors were eligible for the program, which is administeredthrough area Of ces for the Aging.

“FOOD HUBS”The Senate included funding in the State Budget to help connect moreUpstate farmers with hungry downstate consumers through the creationof “food hubs” that will seek to overcome the obstacle of transportingfresh foods from rural area to the nation’s largest consumer markets inNew York City and other cities around the state. Stakeholder meetingswere organized in Northern New York as the rst region to launch theinitiative.

FARM TO SCHOOLSeeking to capitalize on the buying power of state and localgovernments, and to improve nutrition for school-aged children

by encouraging the use of fresh, local foods, the nal State Budgetincluded $250,000 to bring more New York-grown farm productsinto schools across the state. In December, the Governor announcedFarm-to-School grants to six school districts across the state.

FROM FARM-TO-PLATE:Connecting Families To NY Farmers

Senator Ritchie and NY FarmBureau President Dean Norton

Food hub planning to connectfarmers and consumers.


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RECORD FUNDING FOR AGRICULTUREUnder Senator Ritchie’s leadership, the 2015-16 State Budgetincluded record funding for important agricultural programs formarketing and promotion, research, education, health and safety,and the Senate’s own “Young Farmers” initiatives. These programs

help strengthen farmers’ bottom lines by lowering on-farm costsand help protect the future of family farming.

CUTTING TAXES TO STRENGTHENFARMERS BOTTOM LINES

2% ASSESSMENT CAP2015 marked the rst year that a new 2% cap on agriculturalland assessments was in effect and, according to the Departmentof Agriculture and Markets, resulted in savings of $11 million inproperty taxes for New York farmers. The demand for newdevelopment spreading into rural communities has created upwardpressure not just on land prices, but also on the value of landthat’s still in active farm production. Farmland assessments in NewYork nearly doubled in the seven years before the law took effect.Now, the cap limits year-over-year increases in land values to just2 percent, providing farmers with stability and predictability, andprotecting the future of family farms by helping to ensure that morefarmland stays in production.

LOWER FEES ON FARM REGISTRATIONSA new law slashes the cost of registering farm trailers in half, sav-ing farmers even more money. The Senate Agriculture Committeewill continue to make cutting red tape and fees a priority.

State Budget Funding for Agriculture(millions)

Budget Year:

Source: Senate Finance Committee

2015 Dairy Princess at the Capital

Berry growers meet withmembers of the Agriculture

Committee


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PRESERVING THE TRADITIONNew budget funding in 2015 helped secure the future of 72 familyfarms across the state through FarmNet’s Business and SuccessionPlanning program. Successful farm businesses, built over a lifetimeof hard work, will be passed to a new generation of family farm-ers. Funding for the program was provided as part of the Senate’s“Young Farmers” initiative.

PROTECTING FARMING’S FUTURE

The increasing age of farmers, and reducednumbers of young people seeking to followin their footsteps, has raised concerns instates all across the country. According to theUSDA, the average age of New York farmershas increased to 57.1, and farmers older than55 number twice as many as those under 35.To face the issue of aging farmers, the Senate

Majority unveiled its “Young Farmers” initiative in 2014, including aseries of steps to entice young people to pursue farming careersand preserve the future of family farming.

In 2015, more than 100 farmers applied for “New Farmer” grantscreated under the Young Farmer initiative. Nineteen farmers wereawarded grants ranging from $15,000 to $50,000 each and, basedon the program’s success, the Senate sought and won increasedbudget funding for the program, to $1 million in the current StateFiscal Year. Applications for second-round grants are due January22, 2016 with awardees expected to be announced in the Spring.

For the second year in a row, the Young Farmers initiative alsoincluded $900,000 in State Budget funding to provide student loanforgiveness for college graduates who pursue careers in agriculture.The program is administered through the state’s Higher EducationServices Corp.

AgricultureBy The Numbers

Farms 35,537Farmland (acres) 7.2 millionCounties with no farms 0Average farm income $34,240

Source: USDA

Senator Ritchie and futureag educators


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PROMOTING FARMER SAFETYThe leading cause of death and injury on a family farm? The tractor.Once again, the Senate Agriculture Committee took steps topromote farmer safety by increasing funding for a successful programaimed at reducing injuries from tractor rollovers. New York was rstin the nation to provide funding for rollover prevention in 2006, butfunding for this vital safety program was ended by the previousSenate Majority. The program returned in 2011 and, in 2015, basefunding was increased to allow installation of protective equipmenton even more tractors. To date, the program has bene tted morethan 1,300 farmers—and saved countless lives.

PROTECTING PUBLIC HEALTHThe Senate Agriculture Committee was at the forefront of effortsto raise awareness of a deadly, insect-borne disease that, sadly,claimed two more lives in Central New York in 2015. Throughthe use of State Budget funding, Senator Patty Ritchie organized aseries of free waste tire disposal events that removed more than

60,000 used tires from roadsides and backyards in three countiesat risk for Eastern Equine Encephalitis, or EEE, the mosquito-bornevirus that is nearly always fatal in humans and for which there isno known cure. Water trapped in improperly disposed waste tirescan serve as a perfect breeding ground for millions of potentiallydisease-carrying mosquitoes. Participants in the events receivedinformation and reminders on how to avoid infection by protectingthemselves from bites.

In addition, the 21st Century Workgroup on Disease Prevention,a special panel of public health experts created through legislationsponsored by Senator Ritchie, convened to help nd ways to promote

creation of an EEE vaccine. The panel is supposed to report by theend of 2015.

State Budget funding sought by the Committee has also helped llgaps caused by federal budget cuts to a successful wildlife rabiesprogram that has helped control that deadly disease, includingexpansion of a proven wildlife vaccination program in NorthernNew York in 2015 to stop the incursion of infected animals into thestate from Canada.

THE NEXT SWEET THINGIn 2015, New York once again secured its place as the nation’s #2

maple producer, trailing only Vermont. More than 2.3 million tapshelped farmers draw 600,000 gallons of syrup from the state’s sugarbush and set a new state record for maple production.

Recognizing the opportunity for an even greater early harvest,the Agriculture Committee passed legislation, signed into law, topromote tapping of birch and black walnut trees, which can alsoproduce a sweet elixir that’s just as appealing as natural maple syrup.

The Senate Agriculture Committee has led the way in supportingNew York’s maple industry, with more than $900,000 in StateBudget funding since 2011 for research and promotion.

Removing tons of used tires to stopspread of disease

Senators Ritchie and Griffowelcomed NY maple producers to

the capital.

“My grandkids are now oldenough to drive tractors and helpme on the farm. I never before

thought I could afford rolloverprotection for my tractors. Saving just one grandchild is wor th the

money spent.”Farmer R.T., LaFargeville


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(Sales from farm products, 2012)

Dairy $2.4 billionCorn $1.2 billion

Grains, beans, peas $855 millionNursery $413 million

Source: USDA

CELEBRATING SUCCESS

New York’s wine industry continued its remarkable growthand, in 2015, the state celebrated the opening of its 18th WineTrail, created to bring attention to local farms and New York’sunmatched wine and beverage products. The 80-mile St. LawrenceWine Trail links three Northern New York wine producers. In1976, New York counted just 14 wineries and today, there aremore than 1,600 family vineyards and 350 wineries.

F A R

M

L E A D

E R S

“Your efforts in agriculturehave not gone unnoticed. Youare truly making a difference.”

Patrick Ames, Cornell CooperativeExtension of St. Lawrence County


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Senate Agriculture CommitteeAction on Legislation

Tuesday, February 10, 2015, at 9:00 AM, Room 411 LOBS.854 (Klein, Addabbo, Avella, Carlucci, Hassell-Thompson, Hoylman, Latimer,Marchione, Montgomery, Panepinto, Parker, Ritchie, Savino, Serrano)/ A. 4833(Ortiz) - directs the Commissioner of Education, in cooperation with the Commissioner ofAgriculture and Markets, to establish voluntary guidelines to assist school districts and institutionsof higher learning to donate excess, unused food from their school meal programs for the poor anddisadvantaged. (Passed Senate)

S.1211 (Little, Bonacic, Marchione, Ritchie, Seward, Valesky)/ A.7381 (Magee) - relatesto the harvest of timber on non-protected State lands and directs the Wood Products DevelopmentCouncil to work to improve public understanding of the timber industry. In addition, the measure

allows the Department of Environmental Conservation (DEC) to execute a contract which shallbe valid and enforceable without rst being approved by and led with the State Comptroller, if theestimated value of the trees, timber or other forest products does not exceed $50,000.

This proposal essentially mirrors language put forth by DEC and was included in the 2010-2011Governor’s Budget.

Currently, under Senate Finance Law, the threshold is $10,000 and both the DEC and the StateComptroller must approve the contracts. This dual review is very time consuming. The threshold forsole DEC approval is signi cantly less. (Committed to Rules)

S.1374 (Bonacic)/ No Same As - relates to an exemption from the small food processing licensingrequirements for pickling.

Currently many farmers take advantage of the so-called “Home Processor” exemption from thelicensing requirements placed upon food processors to turn surplus fruits into jams or jellies.

Since this exemption does not currently extend to the pickling of vegetables, this bill would direct theCommissioner of Agriculture and Markets to include pickling under the exemption if he determinesthat the protection of the consumers of the state as a whole will not be impaired by such action.(Committed to Finance)

S.1795 (Ritchie, Marchione)/ A.944 (Rosenthal) - criminalizes knowingly causing a minor toattend an exhibition of animal ghting.

Recognizing the extremely harmful impact on children who witness animal ghting, a growing body ofresearch indicates that cruelty to animals done in the presence of children can damage their emotionaldevelopment and such children are more likely to become abusive, anti-social, less empathetic, anddesensitized to abhorrent social behavior. This bill seeks to prevent the exposure of children toanimal ghting. (Passed Senate)

S.1916 (Young, Avella, O’Mara, Panepinto, Ritchie)/ A.7069 (Skartados) - increases from50 to 100 acres, the acreage of farm woodland that quali es as land used in agricultural productionfor agricultural assessment purposes.


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Many farms have woodlands on their property which exceed fty acres, but some only barely exceedthat amount, causing local assessors to divide a single woodlot into two separate parcels so that onemay be assessed at the highest and best use while the other receives an assessment based upon itsagricultural value.

In many instances, the former is only a few small acres of land. As we continue farm preservationefforts, this legislation would allow farmers, particularly in areas of the state with greater developmentpressure, to remain stewards of their land for generations to come. (Passed Senate)

Wednesday, April 22, 2015, at 9:00 AM, Room 411 LOB S.15 (LaValle, Funke, Golden, Ranzenhofer)/ A.8501 (Ortiz) - provides that no personshall manufacture, sell or expose for sale any dietary supplement or nutritional supplement withoutbranding or labeling such product with a statement that the product has or has not been tested bythe United States Food and Drug Administration; provides that the Commissioner of Agriculture andMarkets shall promulgate rules and regulations de ning the terms dietary supplement and nutritional

supplement.

This bill is intended to show consumers which products have been tested so that the consumers canmake more informed choices when purchasing dietary supplements. (Committed to Rules)

S.519-A (Ritchie, Amedore, Croci, DeFrancisco, Funke, Gallivan, Griffo, Hannon,Larkin, LaValle, Marchione, Nozzolio, Ortt, Panepinto, Ranzenhofer, Serino, Seward,Valesky)/ A.4657 (Magee) - creates a Grown in New York program campaign to increaseawareness and consumption of locally grown and produced foods and related products, and to increasethe production and improve the distribution of foods and related products for local consumption.(Passed Senate)

S.1081 (Marchione, Addabbo, Amedore, Comrie, Hamilton, Hoylman, Latimer,Parker, Perkins, Ritchie)/ A.2778 (McDonald) - authorizes up to 20 percent of the animalpopulation control program fund balance to be utilized for grants to eligible entities, working incoordination with community based initiatives, for the purpose of trapping, neutering, vaccinating, andreturning feral cats to the area from which they were trapped. (Vetoed – Veto Memo 203)

S.1177-A (Serrano)/ A.2356 (Englebright) - known as “Sir Henry’s Law” this bill adds a newsection 353-G to the Agriculture and Markets Law regarding informed consent of owners beforeeuthanizing a pet. The new section includes the following provisions:

1) A veterinarian administering a euthanasia procedure shall explain to a companion animal owner intruthful and easy to understand manner: a. various methods of humane euthanasia b. bene ts and risks of each method c. negative impacts on the animal of each method; and d. fully answer any questions the companion animal owner has with regard to euthanasia of theowner’s pet. 2) Prohibits euthanasia by means of intracardiac injection unless the animal is heavily sedated,anesthetized or comatose. However, allows for intracardiac injection on animals that are not heavily


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sedated, anesthetized or comatose only when intracardiac injection is the most humaneoption available. 3) Allows owners of a companion animal that is euthanized to remain with pet during entirety ofeuthanasia procedure. 4) Requires both the veterinarian and companion animal owner to sign a form acknowledging theprovisions of the law have been fully complied with. (Committed to Rules)

S.1368 (Young, O’Mara, Panepinto, Ritchie, Valesky)/ A.2405 (Magee) - includes“retail farm operations” within the de nition of a “farm operation” for the purpose of extendingcertain protections which are provided for under the state’s Right-to-Farm Law.

The measure de nes a “retail farm operation” to mean a seasonal or annual enterprise with eitherpermanent or nonpermanent structures that are operated for the purposes of selling predominantlyfarm and food products in conjunction with or in support of land used in agricultural production.The bill requires that such portion of the farm and food products exceed 50 percent of the grossannual income of the retail farm operation. “Farm and food products” are de ned to mean anyagricultural, horticultural, forest or other product of the soil or water, including but not limitedto, fresh or processed fruits, vegetables, eggs, dairy products, meat and meat-products, poultry andpoultry products, sh and sh products, apple cider, fruit juice, ornamental plants, nursery products,

owers, and Christmas trees. (Passed Senate)

S.1973 (Griffo) / A.568 (Braunstein) - prohibits any person, partnership, or corporationfrom selling, or offering for sale, food products containing melatonin to any person under the ageof eighteen years. This measure also requires retail food stores to display products containingmelatonin in a location designated for persons over the age of eighteen, in a manner which restrictsaccess to such food products.

While melatonin is a naturally-occurring compound, when ingested as a dietary supplement in

large quantities, melatonin can lead the central nervous system and to slow down and may impairbreathing. Certain melatonin products are purposely marketed to minors and can result in thepoisoning of small children. In 2009, there were 5,000 melatonin-related calls into poison controlcenters, most involving small children.

This bill exempts foods that naturally contain melatonin, such as oats, corn, rice, almonds, fennelseeds, cherries, lemon verbena, balm mint (the young part of the plant) and ginger, and only appliesto foods in which melatonin is an additive. (Committed to Rules)

S.2935 (Boyle, Addabbo, Bonacic, Marchione, Murphy, Nozzolio)/ A.2484 (Barrett) - requires each violator of Buster’s Law to register his or her name and address with the Division ofCriminal Justice Services (DCJS). Such registry shall be in print and in electronic form and be available

to all law enforcement entities, district attorneys, duly incorporated humane societies, societies for theprevention of cruelty to animals, dog or cat protective associations, animal control of cers, breedersof animals, and pet stores doing business in the state.

Any person required to register shall register annually, or after a move to a new address and shallcontinue to register until receiving a court order ordering such registration to cease. No suchorder shall be issued unless a person rst demonstrates to the court that he or she has undergonepsychiatric or psychological testing, the results of which indicate by clear and convincing evidencehis or her capable and sound mental capacity, and ability to own and properly care for an animalin a humane manner. Any person required to register pursuant to this section shall not own acompanion animal or have employment at an animal shelter, pound, pet store, zoo, or other businessestablishment where companion animals are present. In addition, a person who is convicted of a


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violation, in addition to any other penalty or term of imprisonment authorized by law, shall be subjectto a mandatory surcharge of fty dollars to pay for the costs and expenses associated with establishingand maintaining the registry. (Committed to Rules)

S.2936 (Boyle, Nozzolio)/ A.1596 (Tedisco) - expands the de nition of aggravated cruelty to

animals to include physical injury or death to a companion animal in the course of commission of afelony, or immediate ight therefrom.

With a total disregard for innocent animals misused or killed in the commission of felonies, criminalswho harm beloved pets need to be held responsible for the full extent of their actions. (PassedSenate)

S.3030 (Martins, Nozzolio)/ A.1600 (Tedisco) - prevents a person who is convicted of aviolation of Buster’s Law from owning or possessing a companion animal unless authorized by a courtorder issued by a county court judge. Such an order cannot be issued until the convicted person rstdemonstrates to the court that he or she has undergone psychiatric or psychological testing, and theresults indicate his or her sound mental capacity to own and properly care for an animal.

Buster’s Law increased penalties, including maximum prison sentences and nes, for engaging in animalghting and committing the crime of aggravated cruelty to animals. (Committed to Rules)

S.3117 (Ortt, Croci, Valesky)/ A.2429 (Barrett) - requires noti cation to the owner oroperator of a farm operation when information about their farm operation has been requested viathe Freedom of Information Law (FOIL) from a state agency or entity.

Currently, Article 6, Section 89 of the Public Of cers Law dictates that a state agency/entity isrequired to notify a farm or any business that its records are being released under a Freedom ofInformation Law (FOIL) request when:

1) The records are actually requested via FOIL by a third party, and

2) Upon initial submission of their business information to the state agency, the farm has indicatedthat they are requesting the state agency/entity consider their information con dential.

If these two conditions are met, the agency/entity will contact the farm and have them justifytheir position that their business information should be exempted from FOIL release because theinformation could put the business in a competitive disadvantage with their peers, consistent with theallowable statutory exceptions as de ned in the Public Of cers Law. The state agency/entity mustthen determine whether the farm or business’ request for exception is valid and either approve orreject the request for FOIL exemption.

If the agency agrees with the farm or business and denies release of the requested information underthe FOIL, the requesting party may sue the agency for violating the FOIL. If the agency disagrees withthe farm or business and releases the information, the farm or business may sue the agency statingthat it should fall under the allowable exceptions to FOIL release listed under the Public Of cersLaw. (Passed Senate)

S.3265 (Sanders, Comrie, Panepinto)/ A.7090 (Thiele) - establishes the New York Statecouncil on food policy to develop and track guidelines and programs that promote locally grown foodproducts. The council would set goals for procurement of local foods by state agencies and facilitiesto increase market for New York agricultural industry’s products. (Passed Senate)


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S.3669 (Ritchie) / A.5155-A (Magee) - establishes purity and quality requirements in law forbirch and walnut syrup and sugars similar to such requirements for maple syrups

It makes good business sense to expand requirements already contained in the Agriculture andMarkets Law for maple syrup, to birch and walnut syrups. This will help producers comply withregulations, protect legitimate businesses from unfair competition, and protect consumers frombuying lesser quality products. (Chapter 252, Laws of 2015)

S.3678-A (Funke, Larkin, Marchione, Panepinto, Ritchie, Valesky)/ No Same As -creates a Farm Investment Fund.

For decades, the total number of farmers has been shrinking, but the last Agricultural Census in2007 showed a 4 percent increase in the number of farms. It is the rst increase since 1920, and inmany cases, young people and college graduates are joining in this endeavor. While there has been an increase in promoting locally grown food, New York’s farmers still struggleto get a foothold in this promising new market. Start-up costs for the smallest operations can bedaunting, and the difference between success and failure can be a matter of investment that leadsto greater productivity. The Farm Investment Fund would feature grants up to $50,000 to helpfarmers with the cost of infrastructure, equipment, and practices. (Passed Senate)

S.4265 (Krueger, Addabbo, Avella, Espaillat, Funke, Golden, Hamilton, Hoylman,Murphy, Peralta, Perkins, Serrano, Stavisky)/ A.6252 (Rosenthal) - amends theAgriculture and Markets law, in relation to aggravated cruelty to animals by removing the term“serious” from the “serious physical injury” language of Section 353-a of the agriculture andmarkets law. (Passed Senate)

S.4375 (LaValle)/ A.358 (Ryan) - known as Phoenix’s Law for the ve and a half year old JackRussell Terrier who was intentionally set on re but miraculously survived despite having endured

weeks of abuse by two individuals, the bill doubles the penalties for aggravated cruelty to animalsand requires a psychiatric evaluation to ensure mental health treatment for those convicted ofsuch actions. (Committed to Rules)

S.4545 (Ritchie)/ A.6646 (Magee) - provides for the issuance of receipts for the deliveryof lique ed petroleum gas by electronic means. This bill also provides an option for propanecustomers to receive a copy of the meter-generated delivery ticket by email.

This bill would result in environmental bene ts from the potential reduction in paper waste forboth companies and customers. Additionally, identity theft opportunities would be reduced byeliminating sensitive information which might otherwise be left on a customer’s property. (Chapter304, Laws of 2015)

S.4641 (Ritchie, Funke)/ A.6126 (Rosenthal) - relates to aggravated cruelty to animals inthe presence of a child, increases the potential term of imprisonment from two to four years whensuch crime is committed in the presence of a child, and de nes “in the presence of a child.”

The aim of this legislation is to curtail the performance of acts of cruelty against animals in front ofchildren which can in ict psychological damage on a minor forced to witness such crimes. (PassedSenate)


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Tuesday, May 5, 2014, at 9:00 AM, Room 411 LOB

S.410 (Marcellino)/ A. 2894 Thiele - increases the penalty for abandonment of an animalfrom a ne of up to $1000, to a ne of up to $2000. (Passed Senate)

S.1793 (Ritchie, Bonacic, Croci, DeFrancisco, Farley, Gallivan, Griffo, Larkin,Latimer, LaValle, Little, Marchione, Nozzolio, O’Mara, Ortt, Panepinto,Ranzenhofer, Robach, Seward, Valesky, Young)/ A.4352 (Magee) - establishes abeginning farmer revolving loan fund program within the Agriculture and Markets Law.

Article 25-AAAA of the Agriculture and Markets law was enacted to promote the agricultureindustry in New York, an industry which has a substantial impact on the overall economic healthand well-being of our state. New York State farms preserve approximately 7.7 million acres of openspace as working landscapes, thus contributing to the overall quality of the state’s environment.Preserving farmland as a working agricultural landscape provides open space bene ts for allresidents of the state, and maintains the land as a natural habitat for animals.

Additionally, properly managed farmland has been demonstrated to be the best environmentalusage of land for watershed protection. For these reasons, it is in the best interest of the stateto promote agricultural uses of the state’s lands. While numerous other revolving loan programsexist under New York law, a revolving loan program for beginning farmers does not currentlyexist. (Passed Senate)

S.1824 (Ritchie, Croci, Hoylman, LaValle, O’Mara, Panepinto, Robach, Valesky)/A.1571 (Magee) - directs the Commissioner of the New York State Department of Agricultureand Markets to enhance access to viable agricultural land for new and beginning farmers. This billdirects the Commissioner of the Of ce of General Services to work with the Commissioner ofAgriculture and Markets to develop an inventory of state-owned real property that may beviable for farming.

This legislation would emphasize assistance for new and beginning farmers in existing state lawby requiring the State to provide advice to State agencies regarding tax, nancial assistance andother policies and programs that could address the needs of beginning farmers and the issues theyface related to the transfer of ownership of farms. It would also encourage the identi cation ofproperties owned by the State that are viable for farming and could be sold or leased for farming.It would promote information among those interested in purchasing or leasing those properties.(Vetoed – Veto Memo 201)

S.2102 (LaValle)/ A.3031 (Thiele) - increases the penalties for con nement of a companionanimal in a vehicle during times of extreme hot or cold temperatures. Con nement of a companionanimal in a vehicle during times of extreme hot or cold temperatures can cause injury and death,even in a short period of time.

This legislation increases the penalties for any person who violates the provisions of section353-d of the agriculture and markets law to $250-$500 for the rst offense and to $500-$1,000for second and subsequent offenses. It sets a more protective standard for companion animalsby permitting an of cer to remove companion animals from a vehicle in instances where suchcon nement may place them in imminent danger of death or serious physical injury. (PassedSenate)


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S.2313 (Ritchie, Croci, Gallivan, Ranzenhofer, Seward)/ A.1766 (Magee) - speci esthat annual Agricultural Environmental Management Program reports shall also include, afterconsultation with the Department of Environmental Conservation (DEC), the number of annualregistrations for agricultural water withdrawals exceeding an average of more than $100,000gallons per day in any consecutive 30-day period.

This bill directs that such information shall not be subject to disclosure under the Freedom ofInformation Law (FOIL). Any reports to outside parties for research or other purposes shall beredacted to exclude any information about a water source, the location of a water source, thecapacity of a water source, and the place and source of a proposed or existing withdrawal.

The disclosure of such speci c information about a farm’s water supply increases the risk that aforeign or domestic terrorist or other individual could use such information to harm or damagethe farm. Safe and reliable water sources are essential to farm operations and must be protected.(Committed to Rules) S.2673 (Ritchie, Gallivan)/ A.7062(Magee) - gives the Commissioner of Agriculture andMarkets the power to establish a federal food safety compliance assistance program to support

farmers in complying with federal food safety rules.

Farming is an essential component to our state’s culture and economy and our farmers need thesupport to comply with national requirements under the Food and Safety Compliance Program.(Vetoed – Veto Memo 195)

S.3024 (Young, Funke, O’Mara, Ranzenhofer)/ A.2407 (Magee) - authorizes theCommissioner of Agriculture and Markets to de ne and review farm conservation practices inconjunction with the State Soil and Water Conservation Committee to determine the scope ofengineering, land surveying or architecture necessary for such practices on an on-going basis.

Best management practices help protect our natural resources and increase farm environmental

sustainability. The experts who assist farms in implementing these programs are local Soil andWater Conservation Districts, and can more appropriately make such determinations. (PassedSenate)

S.3077 (Young, Gallivan, Ranzenhofer)/A.1839 (Gunther) - removes farm ponddams from required monitoring by the DEC and instead gives the responsibility to the StateSoil and Water Conservation Committee for development of guidelines and best managementpractices for the classi cation, operation and maintenance of farm pond dams. The Soil and WaterConservation Committee has longstanding experience working with farmers to implement farmpond construction and maintenance and has the necessary knowledge to establish such guidelines.

Farm pond dams are an important agricultural and conservation resource for NY farms. Thislegislation would provide needed technical resources, while at the same time ensuring appropriateregulation. (Committed to Rules)

S.4158 (Panepinto)/ A.2369 (Barrett) - amends sections 324 and 324-a of the Agricultureand Markets Law by amending county and municipal farmland protection provisions to encourageefforts to support transfer of farmland to new owners, especially beginning farmers, and to includeefforts to support transfer of farmland to beginning farmers as part of local government farmlandprotection programs. (Chapter 248, Laws of 2015)


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Tuesday, June 2, 2015, at 9:00 AM, Room 411 LOB

S.848 (Klein, Dilan, Parker)/ No Same As - provides that the Department of Agricultureand Markets must order a retail food store failing three consecutive sanitary inspections to ceaseretail operations or suspend or revoke its license until it passes inspection. This legislation alsoprovides for a ve hundred dollar ne for stores failing to post inspection reports or make copiesavailable to the public upon request. (Committed to Rules)

S.1812 (LaValle)/ A.141 (Paulin) - relates to owners of lost pets and return of lost petsto their owners. This measure requires the entity with possession of lost pets to take steps tocheck the pets for any identi cation including tags, tattoos and microchips. This legislation alsomakes information available to the public on their website to assist owners in nding their pets.(Committed to Rules)

S.2075 (Young, Funke)/ No Same As - establishes a real property tax abatement for thevalue of land used for replanting or crop expansion of woody biomass used for the production ofethanol or biodiesel, including willow.

This bill would encourage crop transitions to cellulosic feedstock (e.g. willow and grasses) forethanol production, helping farmers diversify their operations and assisting them in getting into thenew and growing market for cellulosic ethanol and biodiesel. (Committed to Rules)

S.3023 (Young, Bonacic)/ No Same As - increases state assistance payments for countyapproved agricultural and farmland protection plans, from 75 percent to 85 percent of the cost,to encourage more participation in the State’s agricultural and farmland protection program byfarmers, counties and municipalities, by increasing the State share of the cost of implementingagricultural and farmland protection plans. (Committed to Rules)

S.3451 (Murphy)/ A.1412 (Paulin) - increases the penalty for multiple convictions of torturing,killing or failing to provide sustenance to an animal to a felony, if convicted within ve years fromthe date of a prior conviction. The bill seeks to prevent animal abuse by raising the penalty forsubsequent acts of cruelty which occur within ve years of a conviction of this section to an Efelony when such cruelty is perpetrated against an animal. (Passed Senate)

S.4091 (Valesky, Avella, Carlucci, Klein, Savino)/ No Same As - establishes, in thedepartment of agriculture and markets, a matching enterprise grants for agriculture program, toprovide moneys to new farmers; provides a tax incentive to domestic life insurance companies toinvest up to 1% of admitted assets in the purchase of agricultural land to be kept in agriculturalproduction, which land is subject to a conservation easement and receives, or is eligible to receive,an agricultural assessment. (Committed to Finance)

S.4851 (Ritchie)/ A.8082 (Magee) - amends the Agriculture and Markets Law to streamline

the process for the creation, review and consolidation of agricultural districts, and repeals certainprovisions of the law to improve ef ciency, clarity and farmer protections. The bill also amends theReal Property Tax Law’s property tax exemption for structures and buildings used exclusively inthe raising and production for sale of agricultural or horticultural commodities to expressly includepermanent and impermanent structures and buildings. (Committed to Rules)

S.4933 (Ranzenhofer)/ No Same As - clari es that food labeling is vested exclusively in thestate.

Recently, some local governments have considered passing their own local laws relating to food


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labels and food portions. Food vendors and processors typically have standard labels that theyuse for their products based upon state and federal guidelines or requirements, and usually sellin many locations throughout the state. It would be very harmful to intrastate commerce to havevarious municipalities across the state implement their own special label and portion laws. Theinevitable result would be higher costs and fewer choices for consumers, and situations in which

the rules for a particular municipality con ict with state regulations and policies. A variety offood labels would also cause confusion to consumers, who might be unfamiliar with the uniquelabel format required by a particular municipality.

This bill promotes uniformity of food labels across the state, based upon the requirementspromulgated by the state that will best serve the consumers and producers in New York.(Committed to Rules)

S.4945 (Comrie, Montgomery, Panepinto, Perkins)/ A.8137 (Simanowitz) - amendsthe reporting requirement for the farmer’s market program to include a discussion of fooddeserts and the efforts to develop and expand farmer’s markets in food deserts. The bill seeks togather information needed for policy makers to overcome barriers standing in the way of accessto fresh fruits, vegetables, whole grains and nutritious foods in food deserts. (Passed Senate)

S.5026 (Comrie, Addabbo, Montgomery, Panepinto)/ A.8138 (Simanowitz) -requires the Commissioner of Agriculture and Markets to convene the Community GardensTask Force and to issue a report.

A community garden is a shared piece of land that is used for gardening by a group of people.Community Gardens have numerous bene ts, including access to fresh food with a nutritionalvalue, fostering a sense of stewardship, identity and ownership in a community, providingeducational opportunities, increasing property values, and even helping reduce crime.

Recognizing these bene ts, in 1986 the state enacted Title 2-C of the Agriculture and MarketsLaw relating to community gardens. This section of law created a task force to promote andfoster the growth of community gardens and outlined goals for the task force. However, thelegislation failed to require a report from the task force to provide recommendations for stepsrequired policy changes to facilitate achievement of the goals. This bill would require the TaskForce to develop recommendations and issue a report. (Passed Senate)

S.5256-A (Ritchie)/ A.7599 (Magee) - de nes an agricultural custom operator and providesagricultural district protections when an agricultural custom operator is working on lands withinan agricultural district.

Farmers often chose to hire an agricultural custom operator to complete routine farming activitieson the farm operation due to business or time factors. This may include items such as spreadingmanure, planting or harvesting crops, and spraying pesticides and fertilizers. Agricultural custom

operators allow farmers to manage their farm without having to invest in additional agriculturalequipment as well as providing a time saver for completing essential agriculture work.

Currently, agricultural custom operators are not eligible for agricultural district protections.As a result, activities by custom operators are, among other things, not subject to soundagricultural practice determinations by the Department of Agriculture and Markets. Withoutthese protections agricultural custom operations are open to nuisance lawsuits. This jeopardizesthe ability of the custom operator to complete the agricultural practice and the farm operation’soverall capability to function. (Passed Senate)


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S.5432 (Funke)/ A.7829 (Quart) - establishes the healthy options and community outreachprogram. This bill directs the Empire State Development Corporation to conduct a public awarenesscampaign and establishes tax credits for small grocers and convenience stores participating in theprogram. This legislation would encourage small store operators to make the necessary upgradesto their facilities to offer more healthy options. (Committed to Finance)

Thursday, June 18, 2015

The following nominee of the Governor was approved by proclamation to go before the SenateFinance Committee for consideration and approved by the full Senate afterwards:Brian Reeves – Advisory Council on Agriculture


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Senate Agriculture CommitteeRoom 412, Legislative OfficeBuilding, Albany, NY 12247

2015 ANNUAL REPORT OF THESENATE AGRICULTURE COMMITTEE

Senator Patty Ritchie | Chair

Senate Agriculture CommitteeRoom 412Legislative Of ce BuildingAlbany, NY 12247

(518) 455-3438www.ritchie.nysenate.gov

Documents

2015 Annual report of the Senate Agriculture Committee