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S1118Senate2009-2010 Session

Decreases from 90% to 87 1/2%, the maximum state assistance for agricultural nonpoint source abatement and control projects

Sponsor Carl L. MarcellinoSD-5Affects Environment & Energy
Status
In Senate Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Environmental Conservation

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Who cares

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Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

No co-sponsors yet.

History

  1. Referred to environmental conservation
  2. Referred to environmental conservation

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the soil and water conservation districts law, in relation to funding agricultural nonpoint source abatement and control projects

Purpose

The purpose of this bill is to: (1) authorize the Commissioner of Agriculture and Markets (Commissioner) and the State Soil and Water Conservation Committee (Committee) to set aside moneys appropriated for Nonpoint Source Projects for projects that exhibit special regional or statewide significance; and (2) clarify the match requirements for the program.

Summary of provisions

Section 1 of this bill amends SWCDL § 11-b(5) to provide that state assistance payments may not exceed 87.5 percent. This section also amends SWCDL § 11-b(3) by deleting language that gives preference to projects located in priority water bodies as identified by section 17-1407 of the environmental conservation law.

Section 2 of this bill amends SWCDL § 11-b by adding a new subdivision 8 to (1) authorize the Commissioner and the Committee to set aside up to 25 percent of funds appropriated for Nonpoint Source Projects for projects that exhibit special regional or statewide significance, and (2) make such projects subject to the Agricultural Environmental Management (AEM) program preference set forth in SWCDL § 11-b(3).

Section 4 of this bill contains an enactment clause.

Existing law

SWCDL § 11-b(3) authorizes the Committee to give preference to projects proposed to further the priorities of the State's Agricultural Environmental Management (AEM) program as set forth in Article 11-A of the Agriculture and Markets Law.

SWCDL § 11-b(5) requires that state assistance payments not exceed 90% of eligible costs for any specified Nonpoint Source Project.

Justification

This bill gives the Commissioner and the Committee greater flexibility to target funding for various types of Non point Source Projects that advance the goals of the ANS and AEM programs. Targeted projects could include projects relating to the promotion of conservation buffers, preventative BMPs, and Concentrated Animal Feeding Operations compliance.

This bill also makes a necessary technical change to the SWCDL. The SWCDL currently provides that state assistance payments for Nonpoint Source Projects cannot exceed 90 percent of eligible costs. However, since the State match can only be increased from the current statutory maximum of 75 percent in equal proportion to the amount contributed by the agricultural landowner or operator, then mathematically, the maximum State contribution is capped at 87.5 percent, rather than the 90 percent currently referenced in the statute.

Legislative history

2007-2008: S.8256-C

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.