Senate Bill S7164

2015-2016 Legislative Session

Relates to allowing agriculture district to be converted to solar use without penalty

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S7164 (ACTIVE) - Details

See Assembly Version of this Bill:
A9935
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§301, 305 & 306, Ag & Mkts L
Versions Introduced in 2017-2018 Legislative Session:
A35

2015-S7164 (ACTIVE) - Summary

Relates to allowing agricultural districts to be converted to solar use without penalty.

2015-S7164 (ACTIVE) - Sponsor Memo

2015-S7164 (ACTIVE) - Bill Text download pdf 

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

                                  7164

                            I N  S E N A T E

                              April 4, 2016
                               ___________

Introduced  by  Sen.  SERINO -- 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 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

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