assembly Bill A10627

2021-2022 Legislative Session

Relates to the construction, installation and operation of dual-use solar energy projects on certain land which receives an agricultural assessment

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 06, 2022 referred to energy

A10627 (ACTIVE) - Details

See Senate Version of this Bill:
S8088
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §§305-d & 305-e, Ag & Mkts L
Versions Introduced in 2023-2024 Legislative Session:
A2299, S1058

A10627 (ACTIVE) - Summary

Relates to the construction, installation and operation of dual-use solar energy projects on certain land which receives an agricultural assessment; defines dual-use solar energy project as a solar installation that integrates solar arrays and farming activity on the same ground.

A10627 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10627
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Lupardo) --
   read once and referred to the Committee on Energy
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   construction,  installation  and  operation  of  dual-use solar energy
   projects on certain land which receives an agricultural assessment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  agriculture and markets law is amended by adding two
 new sections 305-d and 305-e to read as follows:
   § 305-D. DUAL-USE SOLAR ENERGY PROJECTS PILOT PROGRAM.  1. THE DEPART-
 MENT SHALL ESTABLISH A  DUAL-USE  SOLAR  ENERGY  PROJECT  PILOT  PROGRAM
 PROMOTING  THE INSTALLATION OF DUAL-USE ENERGY PROJECTS ON CERTAIN AGRI-
 CULTURAL LAND. THE DEPARTMENT SHALL OVERSEE THE  IMPLEMENTATION  OF  THE
 PILOT PROGRAM.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   A.  "DUAL-USE  SOLAR  ENERGY  PROJECT" MEANS A SOLAR INSTALLATION THAT
 INTEGRATES SOLAR ARRAYS AND FARMING ACTIVITY ON THE SAME GROUND.  TO  BE
 CONSIDERED DUAL-USE, A SOLAR INSTALLATION CANNOT DISPLACE FARMING ACTIV-
 ITY;  FARMING  ACTIVITY  MUST  BE  MAINTAINED THROUGHOUT THE LIFE OF THE
 SOLAR FACILITY IN A MANNER THAT IS CONSISTENT WITH  COMMERCIAL  AGRICUL-
 TURAL  PRODUCTION AS APPROPRIATE TO THE CAPACITY OF THE LAND WHEN FARMED
 SUSTAINABLY. DUAL-USE IS DIFFERENT THAN SIMPLE CO-LOCATION WHICH  GENER-
 ALLY  INVOLVES  TRADITIONAL GROUND-MOUNTED SOLAR INSTALLATIONS THAT HOST
 NON-AGRICULTURAL PLANTINGS WITH ADDITIONAL ENVIRONMENTAL BENEFITS.   THE
 TERM  "DUAL-USE"  REFERS  TO  A  SOLAR INSTALLATION THAT: (I) RETAINS OR
 ENHANCES THE LAND'S AGRICULTURAL PRODUCTIVITY, BOTH SHORT TERM AND  LONG
 TERM;  (II) IS BUILT, MAINTAINED, AND HAS PROVISIONS FOR DECOMMISSIONING
 TO PROTECT THE LAND'S AGRICULTURAL  RESOURCES  AND  UTILITY;  AND  (III)
 SUPPORTS THE VIABILITY OF A FARMING OPERATION.
   B. "PRESERVED FARMLAND" MEANS LAND ON WHICH A DEVELOPMENT EASEMENT WAS
 CONVEYED TO, OR RETAINED BY, THE COMMITTEE, A BOARD, OR A QUALIFYING TAX
 EXEMPT NONPROFIT ORGANIZATION FOR FARMLAND PRESERVATION PURPOSES.
   C. "UNPRESERVED FARMLAND" MEANS ANY LAND THAT IS VALUED, ASSESSED, AND
 TAXED AS FARMLAND AND IS NOT PRESERVED FARMLAND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.