What's happening
This bill amends agriculture law to include solar energy exploration, development, and extraction alongside oil, gas, and wind in agricultural districts.
Why it matters
Elevates solar energy to the same legal status as oil, gas, and wind for agricultural land use. , meaning landowners can pursue solar development without jeopardizing key agricultural protections or benefits (like tax assessments or eligibility for agricultural districts).
Removes financial penalties for landowners who install solar energy systems on farmland. , as land converted for solar energy will not trigger repayment requirements or be considered a disqualifying conversion from agricultural use.
Encourages the adoption of solar energy in rural communities. , potentially providing farmers with new revenue streams and supporting New York’s broader clean energy and climate goals, while clarifying legal uncertainties around solar development on agricultural lands.
May increase competition for farmland between agricultural production and solar energy development. , raising questions about long-term land use priorities and the balance between food production and renewable energy infrastructure.
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Who cares
Owners of agriculturally assessed land
The bill would exempt land converted by solar activities from conversion payments, both inside and outside agricultural districts.
Solar developers
The bill would provide that conveying solar rights alone would not count as converting eligible land away from agricultural production.
Local assessors
The bill would require them to apportion assessments when solar activities convert only part of a parcel 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
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 Assembly Committee · Agriculture · Sponsor Michael Cusick
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7114
IN SENATE (Prefiled)
January 8, 2020
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed 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 production solely due to the conveyance of oil, gas, solar or wind rights associated with that land.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11925-01-9
S. 7114 2
§ 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.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to solar exploration, development and extraction activities in agricultural districts
Purpose or general idea of bill
To bring solar development in line with oil, gas, and wind development law as they relate to the conversion of agricultural land.
Summary of provisions
Section 1, 2, and 3: Amends Agriculture and Markets law so that solar exploration, development, or extraction activities are exempt from the fees associated with converting agricultural land to another use.
Justification
New York created the Agricultural Districts Law in 1971 to protect and promote the availability of land for farming purposes. Farmland that has received an agricultural assessment can be converted to a nonagricul- tural use for a fee. That fee is designed to recapture the taxes forgone after the conversion of the land into agricultural land. However, in addition to wind energy development, the conversion of agricultural land for oil and gas exploration and extraction is exempt from the fee described above.
New York State is in the process of revamping the energy grid to be 100 percent carbon neutral. While promoting wind energy resources by exempt- ing developers from the agricultural land conversion fee is positive, solar energy is not exempt. This means that wind, oil, and gas develop- ers are getting more favorable terms than solar developers which runs counter to the goals of the state. This legislation would correct this imbalance by adding solar development to the list of exempted catego- ries.
Prior legislative history
None.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.