What's happening
This bill adds solar energy to the types of energy activities allowed in agricultural districts without losing agricultural assessment benefits.
Why it matters
Expands renewable energy options for farmers. By allowing solar energy development alongside oil, gas, and wind, the bill gives farmers and landowners in agricultural districts more choices for generating additional income or offsetting energy costs.
Protects agricultural tax benefits. The amendment ensures that installing solar energy infrastructure does not automatically disqualify farmland from receiving agricultural assessment benefits, reducing the risk for farmers who want to diversify into solar.
Encourages rural solar development. By removing penalties for solar energy use, the bill may accelerate solar installations in rural areas, supporting New York’s broader goals for clean energy and climate action while supporting rural economies.
Clarifies legal status of solar rights. The bill treats the conveyance (sale or transfer) of solar rights the same as oil, gas, and wind rights, providing legal clarity and consistency for land transactions and leases involving solar energy.
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Who cares
Owners of agriculturally assessed land
The bill would exempt land converted by solar exploration, development or extraction from conversion payments, both inside and outside agricultural districts.
Farmland owners conveying solar rights
Conveying solar rights alone would not count as converting eligible land to a nonagricultural use for agricultural assessment purposes.
Solar developers
The bill would extend existing provisions for oil, gas and wind activities to solar equipment and related land conversions.
Local assessors
When solar activity converts only part of a parcel, assessors would apportion the assessment and adjust the agricultural assessment for the remaining land.
Headline styles
Allow Solar on Farmland
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Solar on Farmland
In Senate Committee · Agriculture · Sponsor Todd Kaminsky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7799
2019-2020 Regular Sessions
IN ASSEMBLY
May 23, 2019
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to solar exploration, development and extraction activities in agricultural districts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 301 of the agriculture and markets law, as amended by chapter 565 of the laws of 2003, is amended to read as follows:
5. "Oil, gas, solar or wind exploration, development or extraction activities" means the installation and use of fixtures and equipment which are necessary for the exploration, development or extraction of oil, natural gas, solar or wind energy, including access roads, drilling apparatus, pumping facilities, pipelines, and wind turbines.
§ 2. Subparagraph (iv) of paragraph d of subdivision 1 of section 305 of the agriculture and markets law, as amended by chapter 565 of the laws of 2003, is amended to read as follows:
(iv) If such land or any portion thereof is converted to a use other than for agricultural production by virtue of oil, gas, solar or wind exploration, development, or extraction activity or by virtue of a taking by eminent domain or other involuntary proceeding other than a tax sale, the land or portion so converted shall not be subject to payments. If the land so converted 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 such conversion by subtracting the proportionate part of the agricultural assessment attributable to the portion so converted. Provided further that land within an agricultural district and eligible for an agricultural assessment shall not be considered to have been converted to a use other than for agricultural
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11925-01-9
A. 7799 2
production solely due to the conveyance of oil, gas, solar or wind rights associated with that land.
§ 3. Paragraph c of subdivision 2 of section 306 of the agriculture and markets law, as amended by chapter 565 of the laws of 2003, is amended to read as follows:
c. If such land or any portion thereof is converted by virtue of oil, gas, solar or wind exploration, development, or extraction activity or by virtue of a taking by eminent domain or other involuntary proceeding other than a tax sale, the land or portion so converted shall not be subject to payments. If land so converted 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 such conversion by subtracting the proportionate part of the agricultural assessment attributable to the portion so converted. Provided further that land outside an agricultural district and eligible for an agricultural assessment pursuant to this section shall not be considered to have been converted to a use other than for agricultural production solely due to the conveyance of oil, gas, solar or wind rights associated with that land.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.