S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8926
 
                             I N  S E N A T E
 
                              March 28, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT in relation to directing the public service commission to create
   an agrivoltaics incentive program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and statement of purpose. The legisla-
 ture hereby finds, determines and declares:
   1.  Agrivoltaics  combines  the  use  of  land  for  both agricultural
 production  and  solar  photovoltaic  energy   generation.   Agrivoltaic
 projects allow agricultural lands to remain in agricultural use, helping
 farmers  diversify their income, often providing a financial lifeline to
 struggling farmers. Agrivoltaic projects  serve  as  an  alternative  to
 permanent  forms of development, such as housing or commercial uses, and
 also provides working land for the siting of solar projects that produce
 clean energy for the grid and/or the surrounding communities.   Agrivol-
 taic  solar  projects  are  designed  to provide appropriate spacing and
 height to allow for continued or renewed  agricultural  activity  either
 around, between, or under the panels. A robust agrivoltaic project port-
 folio  will allow New York to accomplish multiple public policy goals by
 ensuring our rural communities benefit from the renewable energy transi-
 tion.
   2. On April 14, 2022, the New York  state  public  service  commission
 ("the  commission") adopted an Order Expanding NY-SUN Program in Commis-
 sion Case 19-E-0735 which, amongst other directives,  required  the  New
 York  state  research  and development authority ("NYSERDA") to evaluate
 the potential  for  an  agrivoltaics  incentive  adder  specifically  to
 support  projects  designed  to  maximize agricultural and environmental
 co-benefits and submit a proposal to the commission  for  consideration.
 Administered  by  NYSERDA,  the NY-SUN Program provides financial incen-
 tives and financing options for the installation of  new  grid-connected
 solar  photovoltaic  systems  that offset the use of grid-supplied elec-
 tricity with the goal of making solar energy accessible to  New  Yorkers
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14124-01-4
 S. 8926                             2
 
 while  lowering costs. To date, no agrivoltaics incentive adder proposal
 has been offered to the commission, and the lack of an incentive specif-
 ic to agrivoltaics is stifling development of these types of projects.
   3.  Chapter 106 of the laws of 2019 enacted the New York State climate
 leadership and community protection act ("CLCPA"), which, amongst  other
 directives,  requires  that  70%  of  statewide  electric  generation be
 produced by renewable energy resources by 2030 and  that  the  statewide
 electrical  system  be zero-emission by 2040. The Climate Action Council
 Scoping Plan estimates that 18 - 19 GW of new  solar  capacity  will  be
 needed  by  2030  in  order  to achieve CLCPA renewable energy mandates.
 Accordingly, state-level support for agrivoltaic projects will be  crit-
 ical  to  ensure  that  sufficient  solar  capacity  is  installed as we
 approach the 70x30 CLCPA deadline, while  also  bolstering  the  state's
 robust agricultural economy.
   4.  A  public  policy purpose would be served and the interests of the
 people of the state would be advanced by the creation of an agrivoltaics
 incentive to foster development of projects that not only provide  solar
 energy  that is urgently needed to attain CLCPA mandates, but to provide
 farmers with additional income and the  chance  to  preserve,  and  even
 expand,  agricultural  production  on their farmland. A meaningful long-
 term agrivoltaics incentive will spur development  of  technologies  and
 projects  that support the proliferation of agricultural commodities for
 the benefit of the farming community and the citizens of New  York,  all
 while  allowing  the state to meet its statutorily mandated clean energy
 targets.
   § 2. No later than December thirty-first,  two  thousand  twenty-four,
 the  public  service commission shall, in consultation with the New York
 State energy research and development authority, establish by  order  an
 agrivoltaics incentive to support agrivoltaic projects designed to maxi-
 mize  agricultural  and  environmental co-benefits. Such incentive adder
 shall take the form of an upfront dollar per kilowatt incentive, awarded
 in addition to the NY-SUN base incentive and any other applicable incen-
 tives. Nothing in this section shall be construed to  limit  the  public
 service  commission's  authority  to  establish by order an agrivoltaics
 incentive adder within the NY-SUN program.
   § 3. This act shall take effect immediately.