RPS-37-08-00002-RP Agricultural Assessment Program Definitions

3/18/09 N.Y. St. Reg. RPS-37-08-00002-RP

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 11

March 18, 2009

RULE MAKING ACTIVITIES

OFFICE OF REAL PROPERTY SERVICES

REVISED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. RPS-37-08-00002-RP

Agricultural Assessment Program Definitions

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:

Proposed Action:

Amendment of section 194.1 of Title 9 NYCRR.

Statutory authority:

Real Property Tax Law, section 202(1)(l); and Agriculture and Markets Law, section 307

Subject:

Agricultural Assessment Program definitions.

Purpose:

To conform the definitions set forth in section 194.1 with the Agriculture and Markets Law.

Substance of revised rule:

Section 194.1 of Title 9, NYCRR, which sets forth many definitions applicable to the agricultural assessment program, was last amended in 1995. The proposed regulatory amendment would revise § 194.1 to conform its provisions to the current provisions of Agriculture and Markets Law [AML], Article 25-AA, that now apply to the program.

Since publication of a Notice of Proposed Rule Making in the State Register on September 10, 2008, the following substantial revisions were made to the proposed rule: (1) a new paragraph ten has been added to subdivision i to include "apiary products" in the definition of "crops, livestock and livestock products"; (2) a new paragraph eight has added to subdivision k which states that the proceeds from the sale of "compost, mulch or other biomass crops", up to an annual maximum of $5,000, are included in "gross sales value"; (3) a new paragraph six has been added to subdivision m that amends the definition of "land used in agricultural production" to include "the agricultural land of a qualified newly established farm operation"; (4) a new paragraph seven has been added to subdivision m that amends the definition of "land used in agricultural production" to include rented land located within an agricultural district used by a not-for-profit institution for agricultural research; (5) subdivision o and paragraph one of subdivision o have been amended to state that the eligibility of a newly established farm operation's land for an agricultural assessment is based on the farm operation's annual gross sales value; (6) paragraph four of subdivision o has been amended to state that a qualified newly established Christmas tree farm must plant Christmas trees "that will be available for sale"; and (7) subdivision ag has been amended to include "land used to support an apiary products operation" in the definition of "support land."

Revised rule compared with proposed rule:

Substantial revisions were made in subdivisions (i),(k),(m), (o) and (ag).

Text of revised proposed rule and any required statements and analyses may be obtained from

Robert J. Mark, Office of Real Property Services, 16 Sheridan Avenue, Albany, N.Y. 12210-2714, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

30 days after publication of this notice.

Revised Regulatory Impact Statement

Since publication of the Notice of Proposed Rule Making in the State Register on September 10, 2008, the proposed rule has been revised as set forth in the Summary of the Rule. The aforementioned changes in the rule proposal are intended to improve the rule's conformity with statutory definitions that are summarized in the original proposal (Agriculture and Markets Law [AML], § § 301(4)(h) and 301(4)(j)) and with new statutory provisions (AML, § § 301(2)(j) and 301(4)(k), added by L.2008, c.341; AML, § 301(4)(a-1), added by L.2008, c.611; and AML, § 301(9)(g), added by L.2008, c.536). Accordingly, a revision of the previously published Regulatory Impact Statement is not required.

Revised Regulatory Flexibility Analysis

Since publication of the Notice of Proposed Rule Making in the State Register on September 10, 2008, the proposed rule has been revised as set forth in the Summary of the Rule. The aforementioned changes in the rule proposal will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. Accordingly, a revision of the previously published Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.

Revised Rural Area Flexibility Analysis

Since publication of the Notice of Proposed Rule Making in the State Register on September 10, 2008, the proposed rule has been revised as set forth in the Summary of the Rule. The aforementioned changes in the rule proposal will not impose any adverse impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. Therefore, a revision of the previously published Rural Area Flexibility Analysis is not required.

Revised Job Impact Statement

Since publication of the Notice of Proposed Rule Making in the State Register on September 10, 2008, the proposed rule has been revised as set forth in the Summary of the Rule. The aforementioned changes in the rule proposal will not impose a substantial impact on jobs or employment opportunities. Accordingly, a revision of the previously published Job Impact Statement is not required.

Assessment of Public Comment

The changes in the rule proposal that are explained in the Summary of the Rule were written after Real Property Services considered the comments we received from the State Department of Agriculture and Markets and New York Farm Bureau, Inc., in response to the Notice of Proposed Rule Making published in the State Register on September 10, 2008.

Only one requested change has not been included in the revised proposal. In our opinion, it is not necessary to amend the proposal's definition of "gross sales value" to state that eligibility for an agricultural assessment is generally based on "average farm gross sales." Subdivision k of the current proposal defines "gross sales value" as "the proceeds from the sale" of various crops, livestock and livestock products that are enumerated therein. In addition, subdivision m of the current proposal states that qualified agricultural land generally must be "used as a single operation in the preceding two years for the production for sale of crops, livestock and livestock products of an average gross sales value of $10,000 or more" (emphasis added).