Bill > A5384

Introduced Session

This bill would allow commercial farms to hold no more than 14 special occasion events on their properties per year, regardless of that farm's preservation status, and provide "Right to Farm" protections to special occasion events conducted pursuant to the bill's provisions. The bill defines "special occasion events" as a wedding, lifetime milestone event, or other cultural or social event. The bill would allow commercial farms to hold no more than 14 special occasion events each year, and would require that special occasion events be compliant with all applicable municipal ordinances, resolutions, or regulations pertaining to noise control, solid waste, parking, traffic, and the protection of public health and safety. Commercial farms on preserved farmland would be required to ensure that the annual income from all special occasion events account for less than 50 percent of the income of the commercial farm. The bill would provide for annual reporting requirements for commercial farms on preserved farmland engaged in conducting special occasion events to ensure compliance with the income requirement, and would allow the State Agriculture Development Committee (SADC) or the applicable county agriculture development board (county board) to conduct an income audit, at the expense of the county board or the SADC, no more than once annually to confirm compliance. Violators may be subject to a civil penalty of up to $1,000 for the first offense, up to $2,000 for the second offense, or up to $3,000 for a subsequent offense. Additionally, a second offense would result in a suspension from conducting special occasion events for a period of up to six months; a third offense would result in a suspension from conducting special occasion events for a period of at least six months but not more than one year, and a fourth or subsequent offense, would result in the suspension from conducting special occasion events for a period of at least one year but not more than two years. The bill would also amend the "Right to Farm Act" to give special occasion events conducted pursuant to the bill right to farm protections, and would permit the SADC to adopt agricultural management practices consistent with the bill. The bill would also require the SADC to prepare a biennial report to the Legislature and Governor summarizing the status of special occasion events held on commercial farmland in the State and offering any recommendations for statutory or regulatory changes. The bill would also repeal the sections of law providing for the special occasion events pilot program at wineries on preserved farmland. Lastly, the bill provides rulemaking authority to the SADC, including interim rulemaking authority to allow special events to occur before the SADC adopts permanent regulations, and provides that the SADC's regulations implementing the special occasion events pilot program would remain in effect until the SADC adopts the regulations required by this bill.

AI Summary

Committee Categories

John Armato (D)*,  Clinton Calabrese (D)*,  Ronald Dancer (R)*,  Eric Houghtaling (D)*,  Vincent Mazzeo (D)*,  Carol Murphy (D)*,  JoAnn Downey (D),  Parker Space (R),  Jay Webber (R),  Harold Wirths (R), 

Substituted by S3393 (1R) (on 01/13/2020)

Official Document