What's happening
This bill makes farmland ineligible for agricultural tax assessments if sewage or other sludge is applied to it after the law takes effect.
Why it matters
Creates a financial disincentive for using sewage sludge or similar waste products as fertilizer. by making farmland ineligible for valuable agricultural tax assessments if such materials are applied after the law takes effect. This could impact farm management decisions and encourage alternative soil amendment practices.
Targets only new applications of sewage or other sludge. , meaning land where these materials were applied before the law’s effective date remains eligible for agricultural assessment. This protects landowners who previously used these practices from sudden tax penalties.
Requires assessors to apportion tax assessments. when only part of a farmland parcel is treated with sludge, ensuring only the affected portion loses the agricultural tax benefit. This adds administrative complexity but aims for fairness in tax policy.
Broadly defines “sludge” and “sewage sludge,”. covering waste from wastewater, water supply, and air pollution control facilities, but specifically excludes treated effluent and food processing wastes. This targets potentially more hazardous waste amendments while exempting some common agricultural byproducts.
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Who cares
Headline styles
No Ag Tax Breaks for Sludge
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6704
2017-2018 Regular Sessions
IN ASSEMBLY
March 15, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to agricultural assessments of land applied with sludge
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 305 of the agriculture and markets law is amended by adding a new paragraph g to read as follows:
g. (i) Notwithstanding any other provision of law, if sewage sludge or other sludge or any product made from sewage sludge or other sludge, is applied upon land, such application shall render the land upon which such application occurred ineligible for an agricultural assessment pursuant to this section or section three hundred six of this article beginning with the assessment roll prepared on the basis of the first taxable status date occurring on or after such application. If the land upon which such application has occurred constitutes only a portion of a parcel described on the assessment roll, the assessor shall apportion the assessment, and adjust the agricultural assessment attributable to the portion of the parcel not subject to the application by subtracting the proportionate part of the agricultural assessment attributable to the portion upon which application has occurred. No land shall be rendered ineligible for an agricultural assessment as a result of any application of sewage sludge or other sludge or any product made from sewage sludge or other sludge made at any time upon such land, provided that one or more of such applications occurred before the effective date of this paragraph.
(ii) For purposes of this paragraph, the following terms shall have the following meanings:
(a) "sludge" means any solid, semi-solid or liquid waste generated from a wastewater treatment plant, water supply treatment plant or air pollution control facility, but shall not include the treated effluent
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03258-01-7
A. 6704 2
from a wastewater treatment plant or the food processing wastes generated from a food processing establishment licensed pursuant to the provisions of article twenty-C of this chapter; and
(b) "sewage sludge" means the accumulated semi-solids or solids resulting from treatment of wastewaters from publicly or privately owned or operated sewage treatment plants.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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