Relates to soil and water conservation district program improvements

The bill would (i) amend the Agriculture and Markets Law (AML) to add Soil and Water Conservation Districts (SWCDs) to the list of entities eligible for participating in farmland protection implementation activities funded through the Agricultural and Farmland Protection Program (AFPP) under AML Article 25-AAA, and (ii) amend the General Municipal Law (GML) to authorize SWCDs to cooperate with municipalities through inter-municipal agreements to provide services under GML Article 5-G.

Summary of Provisions:

Section 1 of the bill would amend AML § 322 to add a definition for "soil and water conservation district."

Section 2 of the bill would amend AML § 323 to include SWCDs in the list of AFPP activities to be conducted by the Commissioner.

Section 3 of the bill would amend AML § 325(1) to clarify that agricultural and farmland protection activities are locally-led and not just conducted by counties and municipalities.

Section 4 of the bill would add a new paragraph (c) to AML § 325(2) to make SWCDs eligible to apply for agricultural protection State assistance payments to implement a county or municipal agricultural and farmland protection plan approved by the Commissioner.

Section 5 would amend GML § 119-o to authorize municipal corporations to cooperate with SWCDs through inter-municipal agreements.

Section 6 provides for an immediate effective date.

Existing Law:

AML § 322 defines terms used in AML Article 25-AAA. AML § 323 lists the AFPP-related activities to be conducted by the Commissioner. AML 325 establishes a program of State assistance payments associated with county and municipal AFPP activities and includes eligibility criteria to apply for such payments. GML § 119-n provides the definitions of certain terms used in GML Article 5-G.

Statement in Support:

SWCDs are charged with preserving soil and water resources. SWCDs already participate in many planning and implementation activities funded through the AFPP, and have substantial experience in both application and implementation of State grant programs for a variety of natural resource protection and enhancement projects. Each SWCD also participates as a member of county agricultural and farmland protection boards.

SWCDs were recently authorized to hold conservation easements under the Environmental Conservation Law (Chapter 201 of the Laws of 2011). These easements often include a conservation plan and SWCDs are well-suited to monitor and ensure compliance with the easement and plan due to their experience in working with public and private landowners. To enhance this authority, the bill would amend AML 322, 323 and 325 to make SWCDs eligible for obtaining funding through the AFPP to participate in farmland protection activities. SWCDs work with agricultural landowners on a daily basis; have a reliable 70 year track record; and are particularly suited to administer and monitor conservation easements on working lands such as farm operations. SWCDs are equipped to provide a variety of technical assistance resources that would logically complement the core purpose of such conservation easements. The further development of conservation and recreational plans that would be facilitated through additional funding would provide significant complementary attributes that evolve with the easement.

The bill would also amend GML § 119-o to authorize municipal corporations and districts to enter into inter-municipal agreements (IMAs) with SWCDs to provide services under GML Article 5-G. Soil and Water Conservation Districts were added to GML § 99-r in 2001 (Chapter 485 of the Laws of 2001), which allows the governing board of any municipal corporation to contract for services with any state agency, public benefit corporation, public authority, a SWCD or SUNY to provide or receive, among, other things, fuel, equipment and supplies and any services of government. Amending GML § 119-o would allow municipal corporations and districts to enter into IMAs with SWCDs to efficiently and effectively carryout joint services to benefit conservation of soil and water resources.

Legislative History:

This is a new proposal.

Budget Implications:

None.

Effective Date:

The bill would take effect immediately.