NY State Senate Bill 2021-S545

Senate Bill S545

2021-2022 Legislative Session

Relates to solar exploration, development and extraction activities in agricultural districts

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Jan 06, 2021	referred to agriculture

2021-S545 (ACTIVE) - Details

See Assembly Version of this Bill:: A3770
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§301, 305 & 306, Ag & Mkts L
Versions Introduced in 2019-2020 Legislative Session:: S7114, A7799

2021-S545 (ACTIVE) - Summary

Relates to solar exploration, development and extraction activities in agricultural districts.

2021-S545 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S545

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to solar
exploration, development and extraction activities in agricultural
districts

 
PURPOSE OR GENERAL IDEA OF BILL:

To bring solar development in line with oil, gas, and wind development
law as they relate to the conversion of agricultural land.

 
SUMMARY OF PROVISIONS:

Section 1, 2, and 3: Amends Agriculture and Markets law so that solar
exploration, development, or extraction activities are exempt from the
fees associated with converting agricultural land to another use.

JUSTIFICATION:

New York created the Agricultural Districts Law in 1971 to protect and
promote the availability of land for farming purposes. Farmland that has
received an agricultural assessment can be converted to a nonagricul-
tural use for a fee. That fee is designed to recapture the taxes forgone
after the conversion of the land into agricultural land. However, in
addition to wind energy development, the conversion of agricultural land
for oil and gas exploration and extraction is exempt from the fee
described above.

New York State is in the process of revamping the energy grid to be 100
percent carbon neutral. While promoting wind energy resources by exempt-
ing developers from the agricultural land conversion fee is positive,
solar energy is not exempt. This means that wind, oil, and gas develop-
ers are getting more favorable terms than solar developers which runs
counter to the goals of the state. This legislation would correct this
imbalance by adding solar development to the list of exempted catego-
ries.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7114, Kaminsky. Referred to Agriculture.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S545 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    545
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05908-01-1

 S. 545                              2
 
 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.
   §  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.

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