New York 2025-2026 Regular Session

New York Senate Bill S01878

Introduced
1/14/25  
Refer
1/14/25  

Caption

Includes land used for processing or retail merchandising of agricultural products within the real property tax exemption for land used in agricultural production.

Summary

This bill expands New York’s agricultural property tax exemption rules by broadening what counts as land and structures used in agricultural production. Under the bill, land used in agricultural production would continue to qualify even if it includes areas used for processing or retail merchandising of farm products. The measure also amends the definition of “structures and buildings” eligible for the exemption to include facilities used for processing agricultural and horticultural commodities and for retail merchandising of those commodities, in addition to the existing categories of farm-related structures. The bill also makes conforming changes to the Real Property Tax Law to clarify that certain farm-related structures remain eligible for exemption, including buildings used for employee housing, indoor horse exercise arenas, maple syrup production, and beekeeping-related production and storage. It preserves exclusions for nonqualifying uses such as the applicant’s residence, riding academies, dude ranches, and certain storage or treatment facilities already addressed elsewhere in law. The bill takes effect immediately and applies to assessment rolls prepared on or after the relevant taxable status dates.

Impact

The bill would amend both the Agriculture and Markets Law and the Real Property Tax Law, effectively expanding the scope of property tax relief available to farm operations that add value through processing and retail sales. It would change how assessors classify agricultural land and farm structures, potentially increasing the number of parcels and improvements eligible for the agricultural assessment exemption. This could reduce local property tax revenue for affected municipalities while lowering tax burdens for farms that engage in on-farm processing, direct-to-consumer sales, and related value-added activities.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the available context suggests a generally supportive policy direction toward farm businesses and agricultural diversification. The measure appears designed to help farms remain economically viable by recognizing value-added operations as part of agricultural production for tax purposes. No formal opposition is documented in the provided materials, but the expansion of tax exemptions could prompt concern from local governments or tax administrators about revenue loss and implementation complexity.

Contention

The main point of contention is likely the expansion of the exemption to include processing and retail merchandising, which moves beyond traditional production-only agriculture. Supporters would likely argue that modern farms need these activities to stay profitable and that the tax code should reflect current agricultural business models. Opponents or cautious stakeholders may worry that the broader exemption could blur the line between farming and commercial retail/processing, complicate assessment practices, and reduce the property tax base for counties, towns, and school districts.

Companion Bills

NY A03823

Same As Includes land used for processing or retail merchandising of agricultural products within the real property tax exemption for land used in agricultural production.

Previously Filed As

NY A03823

Includes land used for processing or retail merchandising of agricultural products within the real property tax exemption for land used in agricultural production.

NY S00593

Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.

NY A09105

Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.

NY HB605

Taxation; to exempt the sale of certain items used in agricultural production from state sales and use tax

NY HF799

A bill for an act providing for programs and regulations related to agriculture, including crop production, animal health, agricultural processing, and agricultural marketing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties.(Formerly HSB 143; See HF 998.)

NY HSB143

A bill for an act providing for programs and regulations related to agriculture, including crop production, animal health, agricultural processing, and agricultural marketing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties.(See HF 799, HF 998.)

NY HF1522

Property taxes; definition of agricultural land modified for agricultural property classification.

NY SSB1160

A bill for an act providing for programs and regulations related to agriculture, including crop production, animal health, and agricultural processing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties.(See SF 522, SF 632.)

NY HF998

A bill for an act providing for programs and regulations related to agriculture, including crop production, animal health, and agricultural processing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties.(Formerly HF 799, HSB 143.)

NY SF522

A bill for an act providing for programs and regulations related to agriculture, including crop production, animal health, and agricultural processing, providing for powers and duties of the department of agriculture and land stewardship, providing fees, and providing penalties.(Formerly SSB 1160; See SF 632.)

Similar Bills

DE SB35

An Act To Amend Title 9 Of The Delaware Code Relating To Assessments And Taxation Of Structures Located On Land In Agricultural, Horticultural, And Forest Use.

HI SB2743

Relating To Building Permits.

HI HB1737

Relating To Farm Employee Housing.

SC H3473

Land Disturbing Exemptions from Stormwater Management and Sediment Reduction Act

DE SJR10

Directing The State Farmland Advisory Commission To Complete A Study On Taxation Of Farm Structures And Agricultural Land.

DE SCR106

Directing The State Farmland Evaluation Advisory Commission To Complete A Study On Taxation Of Farm Structures And Agricultural Land.

ME LD1739

An Act to Authorize a General Fund Bond Issue to Support Maine's Agricultural Sector, to Create an Agricultural Buildings Property Tax Exemption and to Direct the Department of Agriculture, Conservation and Forestry to Study Barriers to Its Financial Assistance Programs and Study the Potential for a Common Application for Those Programs

MA S2084

Relative to exemption from taxation structures and buildings essential to the operation of agricultural and horticultural lands