Assembly Bill A11407

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11407
 
                           I N  A S S E M B L Y
 
                               May 15, 2026
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public authorities law, in relation to giving prior-
   ity to certain  sites  when  developing  renewable  energy  generating
   projects and to the definition of agrivoltaics
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 1901 of the public authorities law is  amended  by
 adding two new subdivisions 10 and 11 to read as follows:
   10.  "AGRIVOLTAICS"  SHALL  MEAN THE SIMULTANEOUS USE OF AREAS OF LAND
 FOR BOTH SOLAR POWER GENERATION AND AGRICULTURE THROUGH A GROUND-MOUNTED
 PHOTOVOLTAIC SOLAR ENERGY SYSTEM CONSTRUCTED, INSTALLED, AND OPERATED TO
 ACHIEVE INTEGRATED AND SIMULTANEOUS PRODUCTION OF BOTH SOLAR ENERGY  AND
 MARKETABLE  AGRICULTURAL  PRODUCTS  AND  ACTIVITIES  BY  AN AGRICULTURAL
 PRODUCER, PROVIDED THAT SUCH USE:
   (A) IS CONSTRUCTED, INSTALLED, AND OPERATED TO ACHIEVE INTEGRATED  AND
 SIMULTANEOUS PRODUCTION OF BOTH SOLAR ENERGY AND MARKETABLE AGRICULTURAL
 PRODUCTS  CONSISTENT WITH COMMERCIAL AGRICULTURAL PRODUCTION, AS SOON AS
 AGRONOMICALLY FEASIBLE AND CONTINUING  UNTIL  DECOMMISSIONING,  ON  LAND
 BENEATH OR BETWEEN ROWS OF SOLAR PANELS;
   (B)  HAS  BEEN  INTENTIONALLY  PLANNED  AND DESIGNED WITH AGRICULTURAL
 PRODUCERS OR EXPERTS;
   (C) HAS PROVISIONS FOR DECOMMISSIONING TO PROTECT THE LAND'S  AGRICUL-
 TURAL RESOURCES AND UTILITY; AND
   (D) DOES NOT SIGNIFICANTLY DISPLACE FARMING ACTIVITY.
   11.  "AGRICULTURAL  PRODUCTS  AND  ACTIVITIES" SHALL INCLUDE: (A) CROP
 PRODUCTION; (B) ANIMAL HUSBANDRY; AND (C) LIVESTOCK  GRAZING  OR  CATTLE
 GRAZING;  PROVIDED,  HOWEVER,  THAT AGRICULTURAL PRODUCTS AND ACTIVITIES
 SHALL NOT INCLUDE SHEEP GRAZING AS  THE  SOLE  FARMING  ACTIVITY  EXCEPT
 WHERE  THE  LAND  UTILIZED  IS  CURRENTLY  UTILIZED EXCLUSIVELY FOR SUCH
 PURPOSE; AND PROVIDED FURTHER, HOWEVER, THAT AGRICULTURAL  PRODUCTS  AND
 ACTIVITIES  SHALL  NOT INCLUDE POLLINATOR HABITATS, APIARIES, OR BOTH AS
 THE SOLE FARMING ACTIVITIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11834-04-6
              

 A. 11407                            2
 
   § 2. Paragraph (b) of subdivision 1 of  section  1902  of  the  public
 authorities  law, as amended by section 2 of part M of chapter 58 of the
 laws of 2024, is amended to read as follows:
   (b) (i) In making such assessment the authority shall give priority to
 previously  developed  sites,  existing  or  abandoned commercial sites,
 including without limitation brownfields, landfills,  former  commercial
 or  industrial sites, dormant electric generating sites, PARKING LOTS AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-NINE-B OF THE VEHICLE AND  TRAFFIC
 LAW,  WAREHOUSE DISTRIBUTION CENTERS AS DEFINED IN SECTION SEVEN HUNDRED
 EIGHTY OF THE LABOR LAW, CORRECTIONAL FACILITIES AS DEFINED  IN  ARTICLE
 ONE  OF THE CORRECTIONS LAW, RETAIL ESTABLISHMENTS OF GREATER THAN TWEN-
 TY-FIVE THOUSAND SQUARE FEET, ROADSIDE REST AREAS  PURSUANT  TO  SECTION
 TWENTY OF THE HIGHWAY LAW, or otherwise underutilized sites; and
   (ii) the authority may establish a renewable energy generation project
 in  furtherance  of an [agrivolatic] AGRIVOLTAICS project, [where "agri-
 voltaic project" shall mean the simultaneous use of areas  of  land  for
 both solar power generation and agriculture, specific to the practice of
 such  dual-use solar energy project,] where any of the previously devel-
 oped sites listed in subparagraph (i) of this paragraph is reclaimed  as
 farmland.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 1901 of the public  authorities  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith; and provided further, however,  that
 the  amendments to paragraph (b) of subdivision 1 of section 1902 of the
 public authorities law made by section two of this act shall not  affect
 the repeal of such section and shall be deemed repealed therewith.