S T A T E O F N E W Y O R K
________________________________________________________________________
7584--A
2025-2026 Regular Sessions
I N A S S E M B L Y
April 1, 2025
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Energy -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to establishing
the agrivoltaics viability pilot program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1885 to read as follows:
§ 1885. AGRIVOLTAICS VIABILITY PILOT PROGRAM. 1. LEGISLATIVE INTENT.
THE LEGISLATURE FINDS THAT AS NEW YORK PROGRESSES TO UTILIZING CLEAN
ENERGY, THE AGRICULTURAL INDUSTRY HAS AN OPPORTUNITY TO PLAY A SUBSTAN-
TIAL ROLE IN ENVIRONMENTAL CONSERVATION WHILE ALSO PROTECTING AND MAIN-
TAINING VIABLE FARMLAND THROUGH THE PRACTICE OF AGRIVOLTAICS. DUAL-USE
SOLAR ENERGY PROJECTS HAVE THE POTENTIAL TO KEEP FARMLAND AS WORKING
AGRICULTURAL LANDSCAPES PROVIDING ECONOMIC BENEFITS TO FARMERS AND
ASSISTING THE STATE IN REACHING ITS CLIMATE AND ENVIRONMENTAL IMPACT
GOALS. THE LEGISLATURE HEREBY DECLARES THAT TO PROGRESS THE INITIATIVES
OF THE FARMLAND VIABILITY PROGRAM, THE AUTHORITY SHALL CREATE AN AGRI-
VOLTAICS VIABILITY PILOT PROGRAM.
2. DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AGRICULTURAL PRODUCTS AND ACTIVITIES" SHALL INCLUDE:
(I) CROP PRODUCTION;
(II) ANIMAL HUSBANDRY; AND
(III) 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.
(B) "AGRICULTURAL PRODUCTS AND ACTIVITIES" SHALL NOT INCLUDE POLLINA-
TOR 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.
LBD08116-07-5
A. 7584--A 2
(C) "AGRIVOLTAICS" OR "DUAL-USE SOLAR ENERGY PROJECTS" 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 SIMUL-
TANEOUS PRODUCTION OF BOTH SOLAR ENERGY AND MARKETABLE AGRICULTURAL
PRODUCTS AND ACTIVITIES BY AN AGRICULTURAL PRODUCER, PROVIDED THAT SUCH
USE:
(I) 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;
(II) HAS BEEN INTENTIONALLY PLANNED AND DESIGNED WITH AGRICULTURAL
PRODUCERS OR EXPERTS;
(III) HAS PROVISIONS FOR DECOMMISSIONING TO PROTECT THE LAND'S AGRI-
CULTURAL RESOURCES AND UTILITY; AND
(IV) DOES NOT SIGNIFICANTLY DISPLACE FARMING ACTIVITY.
3. AGRIVOLTAICS VIABILITY PILOT PROGRAM. THE AUTHORITY SHALL INITIATE
AND MAINTAIN A STATE AGRIVOLTAICS VIABILITY PILOT PROGRAM IN CONSULTA-
TION WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE AGRIVOLTAICS
VIABILITY PILOT PROGRAM SHALL PROVIDE GRANTS TO IDENTIFY THE BEST PRAC-
TICES AND STRATEGIES FOR DUAL-USE SOLAR ENERGY PROJECTS THAT PROTECT
SOIL HEALTH DURING CONSTRUCTION AND DECOMMISSIONING OF SOLAR ARRAYS,
UTILIZE SUSTAINABLE AGRICULTURAL PRODUCTION PRACTICES, MONITOR ANY BENE-
FITS SOLAR ENERGY MAY HAVE ON FARMS AND TO THE STATE, TRACK ECONOMIC
VIABILITY, STUDY THE COMMERCIALIZATION OF DUAL-USE SOLAR ENERGY
PROJECTS, AND ENCOURAGE EQUITABLE ENGAGEMENT OF STAKEHOLDERS.
(A) THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE
AND MARKETS, THE PUBLIC SERVICE COMMISSION, AND THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, SHALL ADOPT POLICIES AND PROCEDURES NECESSARY
FOR THE IMPLEMENTATION OF THE PILOT PROGRAM, INCLUDING BUT NOT LIMITED
TO: (I) THE PROCESS BY WHICH A DEVELOPER MAY APPLY FOR THE APPROVAL
NEEDED TO PARTICIPATE IN THE PILOT PROGRAM; PROVIDED, HOWEVER, THAT SUCH
PROCESS SHALL REQUIRE THAT THE DEVELOPER OBTAINS THE WRITTEN CONSENT OF
THE LANDOWNER; AND (II) PROVISIONS PRESCRIBING STANDARDS CONCERNING
IMPERVIOUS COVER WHICH MAY BE PERMITTED IN CONNECTION WITH DUAL-USE
SOLAR ENERGY PROJECTS AUTHORIZED TO BE CONSTRUCTED, INSTALLED, AND OPER-
ATED ON FARMLAND PURSUANT TO THIS SECTION.
(B) ONE YEAR AFTER GRANTS ARE DISTRIBUTED FOR THE PURPOSES OF THE
PILOT PROGRAM AND EVERY TWO YEARS THEREAFTER, THE AUTHORITY SHALL REPORT
TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER
OF THE ASSEMBLY ON THE AGRIVOLTAICS VIABILITY PILOT PROGRAM AND ITS
RESULTS.
§ 2. This act shall take effect six months after it shall have become
a law. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized to be made and completed on or before
such effective date.