What's happening
This bill updates agricultural assessment laws to address land use changes from solar or wind development, removing references to oil and gas activities.
Why it matters
Reflects the shift from fossil fuels to renewable energy. The bill removes oil and gas exploration/extraction from agricultural assessment law and replaces them with solar and wind, signaling a policy move towards supporting renewable energy projects on agricultural land.
Clarifies land conversion rules for farmers. By specifying that converting land for solar or wind development doesn’t trigger tax penalties or rollback payments (as oil/gas once did), it provides clearer, potentially more favorable terms for farmers considering renewable energy leases.
Aims to protect valuable farmland. The bill requires new regulations to ensure solar projects avoid prime, unique, or statewide important farmland, encouraging developers to use less productive soils and minimizing forest loss—balancing clean energy goals with food production and environmental conservation.
May influence rural land use and farm income. By making it easier and less risky for farms to host solar or wind installations, the bill could diversify rural incomes, reshape land use patterns, and accelerate renewable energy build-out in New York.
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Who cares
Headline styles
Update Solar Land Assessments
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7603
IN SENATE
January 29, 2020
Introduced by Sen. METZGER -- 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 payments associated with the conversion of land subject to an agricultural assessment by virtue of oil or gas exploration or extraction activity or solar development
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 but not limited to, access roads, [drilling apparatus, pumping facilities, pipelines,] solar panels 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.
LBD14318-03-0
S. 7603 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. The commissioner of agriculture and markets, in consultation with the commissioner of environmental conservation and the New York state energy research and development authority, shall within one hundred eighty days of the effective date of this section, make regulations regarding the conversion of lands subject to an agricultural assessment by virtue of solar development, which protect and preserve prime and unique farmland and farmland of statewide importance as such terms are defined in 7 C.F.R. § 657.5, encourage the development of solar activities on marginal soils, and minimize the loss of forested land.
§ 5. This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 payments associated with the conversion of land subject to an agricultural assessment by virtue of oil or gas exploration or extraction activity or solar development
Purpose
To provide an exemption from tax payments for renewable land develop- ment.
Summary of specific provisions
Section 1- Amends subdivision 5 of section 301 of the agriculture and markets law by removing oil and gas and adding solar to the definition of activities provided a tax exemption for development.
Section 2 - Amends subparagraph (iv) of paragraph d of subdivision 1 of section 305 of the agriculture and markets law by removing oil and gas and adding solar to the kinds of activities that an agricultural parcel within an agricultural district can be converted into and still retain the property tax exemption.
Section 3 - Amends paragraph c of subdivision 2 of section 306 of the agriculture and markets law by removing oil and gas and adding solar to the kinds of activities that an agricultural parcel outside of an agri- cultural district can be converted into and still retain the property tax exemption.
Section 4 - The commissioner, in consultation with the DEC and NYSERDA, shall make regulations within 180 days of the effective date which protect and preserve certain federally-designated important farmlands and encourage solar development on marginal soils.
Section 5 - Effective date.
Existing law
Currently, there is a property tax exemption for activities related to the exploration, development, and extraction of oil, gas, and wind. Solar development is currently not included.
Justification
Through the Climate Leadership and Community Protection Act (CLCPA), New York has committed to an ambitious goal of net zero greenhouse gas emis- sions by 2050. In addition, the CLCPA sets a generation target of 100% emissions-free energy by 2040, with 6000 megawatts of solar energy generation by 2025.
The agricultural districts law currently incentivizes oil, natural gas, and wind energy exploration by allowing a property tax exemption for that purpose. Solar development does not enjoy the same exemption. By adding solar and removing oil and natural gas, this exemption would both incentivize the continued use of such agricultural land as a renewable resource and allow farmers to transition more marginal or unusable land to a productive use that protects the environment while providing farm- ers with an additional source of income.
The CLCPA sets a target of achieving a carbon-free energy system by 2040, with an interim goal of generating 70 percent of the state's elec- tricity needs from renewable resources by 2030. Reaching these ambitious targets requires a substantial increase in renewable generation, includ- ing solar. Agriculture is a strong partner in the effort to protect the environment and address climate change. It is very important to incen- tivize development of lands within the state towards renewable sources of energy, and the conversion of lands with marginal soil quality presents a unique opportunity to create new solar generation while protecting productive farmland and good soil quality in the state.
Prior legislative history
This is a new bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law. Effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.