S T A T E O F N E W Y O R K
________________________________________________________________________
2299
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04208-01-3
A. 2299 2
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.
3. NOTWITHSTANDING THE PROVISIONS OF ANY LAW, RULE, OR REGULATION TO
THE CONTRARY, ANY OWNER OF UNPRESERVED FARMLAND WHICH RECEIVES AN AGRI-
CULTURAL ASSESSMENT, MAY CONSTRUCT, INSTALL, AND OPERATE A DUAL-USE
SOLAR ENERGY PROJECT ON SUCH FARMLAND, PROVIDED THAT:
A. THE OWNER OF THE UNPRESERVED FARMLAND WHICH RECEIVES AN AGRICUL-
TURAL ASSESSMENT OBTAINS THE APPROVAL OF THE DEPARTMENT, IN ADDITION TO
ANY OTHER APPROVALS THAT MAY BE REQUIRED PURSUANT TO STATE OR LOCAL LAW,
RULE, REGULATION, OR ORDINANCE, PRIOR TO THE CONSTRUCTION OF THE DUAL-
USE SOLAR ENERGY PROJECT;
B. THE CAPACITY OF THE DUAL-USE SOLAR ENERGY PROJECT IS LESS THAN TEN
MEGAWATTS OF POWER;
C. THE DUAL-USE SOLAR ENERGY PROJECT IS NOT LOCATED:
(I) WITHIN THE ADIRONDACK PARK, THE CATSKILL PARK OR ANY OTHER FOREST
PRESERVE, AS DEFINED IN SECTION 9-0101 OF THE ENVIRONMENTAL CONSERVATION
LAW; OR
(II) IN FRESHWATER WETLANDS, AS DEFINED IN SECTION 24-0107 OF THE
ENVIRONMENTAL CONSERVATION LAW, OR TIDAL WETLANDS AS DEFINED IN SECTION
25-0103 OF THE ENVIRONMENTAL CONSERVATION LAW; OR
D. THE OWNER OF THE UNPRESERVED FARMLAND WHICH RECEIVES AN AGRICUL-
TURAL ASSESSMENT HAS FILED A CONSERVATION PLAN WITH THE SOIL CONSERVA-
TION DISTRICT TO ACCOUNT FOR THE AESTHETIC, IMPERVIOUS COVERAGE, AND
ENVIRONMENTAL IMPACTS OF THE DUAL-USE SOLAR ENERGY PROJECT, INCLUDING,
BUT NOT LIMITED TO, WATER RECAPTURE AND FILTRATION, AND THE CONSERVATION
PLAN HAS BEEN APPROVED BY THE DISTRICT;
E. THE PROJECT COMPLIES WITH THE AGRICULTURAL ENVIRONMENTAL MANAGEMENT
PROGRAM AND ANY AGRICULTURAL ENVIRONMENTAL MANAGEMENT PLAN ESTABLISHED
PURSUANT TO ARTICLE ELEVEN-A OF THIS CHAPTER; AND
F. THE OWNER OF THE UNPRESERVED FARMLAND WHICH RECEIVES AN AGRICUL-
TURAL ASSESSMENT, OR THE PERSON UNDERTAKING THE DUAL-USE SOLAR ENERGY
PROJECT, AS APPLICABLE, OBTAINS ALL NECESSARY PERMITS AND OTHER
APPROVALS AS MAY BE REQUIRED PURSUANT TO FEDERAL, STATE, OR LOCAL LAW,
RULE, REGULATION, OR ORDINANCE.
4. THE OWNER OF THE UNPRESERVED FARMLAND WHICH RECEIVES AN AGRICUL-
TURAL ASSESSMENT SHALL SUBMIT AN APPLICATION FOR APPROVAL BY THE DEPART-
MENT BEFORE CONSTRUCTING, INSTALLING, AND OPERATING A DUAL-USE SOLAR
ENERGY FACILITY AS ALLOWED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF RENEWABLE ENERGY
SITING, SHALL, WITHIN NINETY DAYS AFTER RECEIPT, APPROVE, DISAPPROVE, OR
APPROVE WITH CONDITIONS AN APPLICATION SUBMITTED FOR THE PURPOSES OF
SUBDIVISION ONE OF THIS SECTION.
5. THE DEPARTMENT MAY SUSPEND OR REVOKE AN APPROVAL ISSUED PURSUANT TO
THIS SECTION FOR A VIOLATION OF ANY TERM OR CONDITION OF THE APPROVAL OR
ANY PROVISION OF THIS SECTION.
6. THE DEPARTMENT, IN CONSULTATION WITH THE OFFICE OF RENEWABLE ENERGY
SITING AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL ADOPT
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION,
INCLUDING BUT NOT LIMITED TO: (I) THE PROCESS BY WHICH A LANDOWNER MAY
APPLY FOR THE APPROVAL REQUIRED PURSUANT TO THIS SECTION, AND THE ESTAB-
LISHMENT OF REASONABLE APPLICATION FEES TO PAY FOR THE COST OF REVIEW OF
THE APPLICATION; AND (II) PROVISIONS PRESCRIBING STANDARDS CONCERNING
IMPERVIOUS COVER WHICH MAY BE PERMITTED IN CONNECTION WITH DUAL-USE
A. 2299 3
SOLAR ENERGY PROJECTS AUTHORIZED TO BE CONSTRUCTED, INSTALLED, AND OPER-
ATED ON UNPRESERVED FARMLAND PURSUANT TO THIS SECTION.
7. THE OFFICE OF RENEWABLE ENERGY SITING SHALL PROVIDE TECHNICAL
ASSISTANCE AND SUPPORT TO THE DEPARTMENT CONCERNING THE DEPARTMENT'S
RESPONSIBILITIES PURSUANT TO THIS SECTION.
8. TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND ANNUAL-
LY THEREAFTER, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON THE DUAL-USE
SOLAR ENERGY PROJECTS PILOT PROGRAM AND ITS RESULTS.
§ 305-E. DUAL-USE SOLAR ENERGY PROJECTS PILOT PROGRAM; AGRICULTURAL
ASSESSMENTS. 1. NO LAND USED FOR A DUAL-USE SOLAR ENERGY PROJECT
CONSTRUCTED, INSTALLED, AND OPERATED PURSUANT TO SECTION THREE HUNDRED
FIVE-D OF THIS ARTICLE SHALL BE CONSIDERED LAND USED FOR A FARM OPERA-
TION FOR THE PURPOSES OF AGRICULTURAL ASSESSMENTS, EXCEPT AS PROVIDED IN
THIS SECTION.
2. LAND USED FOR A DUAL-USE SOLAR ENERGY PROJECT CONSTRUCTED,
INSTALLED, AND OPERATED PURSUANT TO SECTION THREE HUNDRED FIVE-D OF THIS
ARTICLE MAY BE ELIGIBLE FOR VALUATION, ASSESSMENT, AND TAXATION AS AGRI-
CULTURAL LAND OR A FARM OPERATION, PROVIDED THAT:
A. THE DUAL-USE SOLAR ENERGY PROJECT IS LOCATED ON UNPRESERVED FARM-
LAND THAT IS CONTINUING TO BE IN OPERATION AS LAND USED IN AGRICULTURAL
PRODUCTION IN THE TAX YEAR FOR WHICH THE VALUATION, ASSESSMENT AND TAXA-
TION AS AGRICULTURAL LAND OR A FARM OPERATION IS APPLIED FOR;
B. IN THE TAX YEAR PRECEDING THE CONSTRUCTION, INSTALLATION, AND OPER-
ATION OF THE DUAL-USE SOLAR ENERGY PROJECT, THE ACREAGE USED FOR THE
DUAL-USE SOLAR ENERGY PROJECT WAS VALUED, ASSESSED, AND TAXED AS LAND IN
AGRICULTURAL PRODUCTION;
C. THE LAND ON WHICH THE DUAL-USE SOLAR ENERGY PROJECT IS LOCATED
CONTINUES TO BE ACTIVELY OPERATED AS LAND USED IN AGRICULTURAL
PRODUCTION, AND MEETS ANY INCOME REQUIREMENTS SET FORTH FOR SUCH LAND;
D. THE APPROVAL ISSUED FOR THE DUAL-USE SOLAR ENERGY PROJECT BY THE
DEPARTMENT PURSUANT TO SECTION THREE HUNDRED FIVE-D OF THIS ARTICLE HAS
NOT BEEN SUSPENDED OR REVOKED; AND
E. ALL OTHER REQUIREMENTS FOR SUCH VALUATION, ASSESSMENT OR TAXATION
ARE MET.
3. NO GENERATED ENERGY FROM A DUAL-USE SOLAR ENERGY PROJECT SHALL BE
CONSIDERED A PRODUCT OF A FARM OPERATION, AND NO INCOME FROM ANY POWER
SOLD FROM THE DUAL-USE SOLAR ENERGY PROJECT MAY BE CONSIDERED INCOME FOR
ELIGIBILITY FOR VALUATION, ASSESSMENT, AND TAXATION AS AGRICULTURAL LAND
OR A FARM OPERATION.
4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPART-
MENT OF TAXATION AND FINANCE, IN CONSULTATION WITH THE DEPARTMENT AND
THE OFFICE OF RENEWABLE ENERGY SITING, SHALL:
A. ADOPT SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE IMPLE-
MENTATION AND ADMINISTRATION OF THIS SECTION AND SECTION THREE HUNDRED
FIVE-D OF THIS ARTICLE; AND
B. INCORPORATE INFORMATION CONCERNING DUAL-USE SOLAR ENERGY PROJECTS
INTO ANY GUIDELINES PROVIDED, AND CONTINUING EDUCATION COURSES OFFERED,
TO MUNICIPAL TAX ASSESSORS, COUNTY ASSESSORS, COUNTY TAX ADMINISTRATORS,
AND OTHER APPROPRIATE LOCAL GOVERNMENT OFFICIALS.
5. FOR THE PURPOSES OF THIS SECTION, "DUAL-USE SOLAR ENERGY PROJECT"
SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION THREE HUNDRED FIVE-D
OF THIS ARTICLE.
§ 2. This act shall take effect immediately.