S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6286--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
 S                                                          LBD08116-06-5
 S. 6286--A                          2
              

 
   (B) "AGRICULTURAL PRODUCTS AND ACTIVITIES" SHALL NOT INCLUDE  POLLINA-
 TOR HABITATS, APIARIES, OR BOTH AS THE SOLE FARMING ACTIVITIES.
   (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.