Assembly Bill A9935

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9935

                          I N  A S S E M B L Y

                             April 28, 2016
                               ___________

Introduced by M. of A. PAULIN -- read once and referred to the Committee
  on Agriculture

AN ACT to amend the agriculture and markets law, in relation to allowing
  agriculture districts to be converted to solar use without penalty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, 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 ENERGY or wind energy, including  access  roads,
drilling apparatus, pumping facilities, pipelines, SOLAR PANELS and wind
turbines.
  S  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 agricul-
tural 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.
                                                           LBD14767-01-6
              

A. 9935                             2

  S  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 agricul-
tural 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.
  S 4. This act shall take effect immediately.