S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7799
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred 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 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 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  agricul-
 tural  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.
              

                                                            LBD11925-01-9

 A. 7799                             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 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.
   § 4. This act shall take effect immediately.