NY State Senate Bill 2025-S7899

Senate Bill S7899

2025-2026 Legislative Session

Provides that preference shall be given to certain sites when developing renewable energy generating projects

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Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2025	referred to energy and telecommunications

2025-S7899 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1005 & 1902, add §1885, Pub Auth L; amd §§138 & 139, Pub Serv L

2025-S7899 (ACTIVE) - Summary

Provides that preference shall be given to certain sites when developing renewable energy generating projects; defines "agrivoltaics".

2025-S7899 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7899

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the public authorities law and the public service law,
in relation to giving preference to certain sites when developing renew-
able energy generating projects and to the definition of agrivoltaics

 
PURPOSE:

To clarify and strengthen requirements promoting renewable energy devel-
opment in certain sites, and to define "agrivoltaics."

 
SUMMARY OF PROVISIONS:

Section one:

* Amends section 1005 of the public authorities law (powers and duties
of the New York Power Authority) to state that in developing renewable
energy projects the authority shall give preference "within its primary
scoring criteria" to sites such as parking tots, warehouses, correction-

al facilities, large retail establishments, rest areas, and brownfields;
and

* Cross-references an existing reference of "agrivoltaics" to a new
definition added later in the bill.

Section two amends section 1902 of the public authorities law (powers
and duties of the New York State Energy Research and Development Author-
ity) to make similar amendments giving preference within primary scoring
criteria to the list of priority sites, and cross-referencing a new
definition of agrivoltaics.

Section three amends section 138 of the public service law (general
provisions of the Office of Renewable Energy Siting related to standards
for siting renewable energy facilities) to make similar amendments
giving preference within primary scoring criteria to the list of priori-
ty sites.

Section four amends section 138 of the public service law (general
provisions of the Office of Renewable Energy Siting related to standards
for siting major electric transmission facilities) to make similar
amendments giving preference within primary scoring criteria to the list
of priority sites.

Section five adds a new section 1885 to public authorities law defining
"agrivoltaics." Section six is the effective date.

 
JUSTIFICATION:

New York farmland is under threat. According to a 2024 report by the
Comptroller, the State lost 14% of its farms and 9% of its farmland to
other uses between 2012 and 2022. New York has taken important steps to
balance our solar and renewable energy priorities with farmland
protection, including review standards intended to protect the highest
quality soil. However, further work is needed to ensure that farmland
and food security are maintained as we expand renewable generation
capacity.
Existing laws related to solar siting give "priority" to siting on a
variety of non-farm locations, such as previously-developed sites or
brownfields. This bill expands and clarifies the intent by listing addi-
tional non-farm locations such as parking tots, warehouses, and other
locations.

Further, while the current project review and scoring models have been
improved by recent laws protecting prime soil groups, project scoring is
still primarily about price. While the law currently gives "priority" to
previously developed sites, protection of farmland and/or siting on
existing development is still an extremely small factor in the actual
project scoring process. Therefore this bill replaces the broad "priori-
ty" language given to such sites with more specific language to require
"preference...within primary scoring criteria."

Current project siting law also makes several references to "agrivolta-
ics." This is the emerging practice of dual-siting solar generation with
working agricultural production, such as placement of solar panels over
croplands or at a height sufficient for cattle to walk under. The State
has funded a small pilot program at Cornett for such projects pursuant
to Agriculture and Markets Law section 151-j, but lacks a statutory
definition of the term. The vagueness of existing law may allow for
projects that actually reduce agricultural production to be considered
agrivoltaics, such as if cropland is taken out of use for solar panels
but the developer puts bee boxes on the panels and calls it "agricul-
ture." Therefore this bill adds a clear definition of "agrivoltaics"
that has been crafted in partnership with farmland protection organiza-
tions and solar developers to represent best practices in this cutting
edge field.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediate

2025-S7899 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7899
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to amend the public authorities law and the public service law,
   in relation to giving preference  to  certain  sites  when  developing
   renewable energy generating projects and to the definition of agrivol-
   taics
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 27-a of section 1005 of public
 authorities law, as added by section 1 of part QQ of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   (b) (I) The authority, its subsidiaries or any entity participating in
 a public-private agreement established in paragraph (f) of this subdivi-
 sion  or  acting  on  behalf of the authority, when developing renewable
 energy generating projects authorized in this subdivision,  or  subdivi-
 sion  twenty-seven-b  of  this  section,  shall:  [(i)] (A) not develop,
 except when necessary for generator lead lines and other equipment need-
 ed for interconnection of projects to the electric system,  on  property
 that  consists  of  land  used  in  agricultural production, taking into
 consideration whether the land is within  an  agricultural  district  or
 contains  mineral soil groups 1-4, as defined by the department of agri-
 culture and markets, unless a renewable energy generation project is  in
 furtherance  of  an  agrivoltaics  project, "AGRIVOLTAICS" AS DEFINED IN
 SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THIS CHAPTER; [(ii)]  (B)  mini-
 mize  harm to wildlife, ecosystems, public health and public safety; and
 [(iii)] (C) not build on lands located upon any Native American territo-
 ry or reservation located wholly or  partly  within  the  state,  except
 through  voluntary sale or other agreement for such use with the consent
 of the relevant nation and any required consent of the  federal  govern-
 ment.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11834-01-5

 S. 7899                             2
 
   (II)  THE AUTHORITY, ITS SUBSIDIARIES OR ANY ENTITY PARTICIPATING IN A
 PUBLIC-PRIVATE AGREEMENT ESTABLISHED IN PARAGRAPH (F) OF  THIS  SUBDIVI-
 SION  OR  ACTING  ON  BEHALF OF THE AUTHORITY, WHEN DEVELOPING RENEWABLE
 ENERGY GENERATING PROJECTS AUTHORIZED IN THIS SUBDIVISION,  OR  SUBDIVI-
 SION  TWENTY-SEVEN-B  OF  THIS  SECTION,  SHALL  GIVE  PREFERENCE TO THE
 FOLLOWING SITES WITHIN ITS PRIMARY SCORING CRITERIA:
   (A) PARKING LOTS AS DEFINED IN SECTION ONE  HUNDRED  TWENTY-NINE-B  OF
 THE VEHICLE AND TRAFFIC LAW;
   (B) WAREHOUSE DISTRIBUTION CENTERS AS DEFINED IN SECTION SEVEN HUNDRED
 EIGHTY OF THE LABOR LAW;
   (C)   CORRECTIONAL  FACILITIES  AS  DEFINED  IN  ARTICLE  ONE  OF  THE
 CORRECTIONS LAW;
   (D) RETAIL ESTABLISHMENTS OF GREATER THAN TWENTY-FIVE THOUSAND  SQUARE
 FEET;
   (E) ROADSIDE REST AREAS PURSUANT TO SECTION TWENTY OF THE HIGHWAY LAW;
 AND
   (F)  BROWNFIELD  SITES  AS  DEFINED IN SECTION 27-1405 OF THE ENVIRON-
 MENTAL CONSERVATION LAW.
   § 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]  PREFERENCE TO THE FOLLOWING SITES WITHIN ITS PRIMARY SCORING CRITE-
 RIA: 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]  "AGRIVOLTAICS" AS DEFINED IN SECTION EIGHTEEN HUNDRED EIGHTY-
 FIVE OF THIS ARTICLE.
   § 3. Subdivision 4 of section 138 of the public service law, as  added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   4.  (A)  The  uniform standards and conditions established pursuant to
 this section shall be designed to avoid, minimize, or  mitigate  to  the
 maximum  extent  practicable,  potential  significant adverse impacts to
 land used in agricultural production, with additional consideration  for
 land  within an agricultural district or land that contains mineral soil
 groups 1-4. The provisions of this subdivision shall not  apply  in  the
 consideration of any permits for siting, design, construction, or opera-
 tion of a major renewable energy facility for which a completed applica-
 tion  has  been  received  by  the office of renewable energy siting and
 electric transmissions prior to the adoption of amended  uniform  stand-
 ards and conditions consistent with this subdivision.
 S. 7899                             3
 
   (B)  THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
 SECTION SHALL GIVE PREFERENCE TO  THE  FOLLOWING  SITES  WITHIN  PRIMARY
 SCORING CRITERIA:
   (I)  PARKING  LOTS  AS DEFINED IN SECTION ONE HUNDRED TWENTY-NINE-B OF
 THE VEHICLE AND TRAFFIC LAW;
   (II) WAREHOUSE  DISTRIBUTION  CENTERS  AS  DEFINED  IN  SECTION  SEVEN
 HUNDRED EIGHTY OF THE LABOR LAW;
   (III)  CORRECTIONAL  FACILITIES  AS  DEFINED  IN  ARTICLE  ONE  OF THE
 CORRECTIONS LAW;
   (IV) RETAIL ESTABLISHMENTS OF GREATER THAN TWENTY-FIVE THOUSAND SQUARE
 FEET;
   (V) ROADSIDE REST AREAS PURSUANT TO SECTION TWENTY OF THE HIGHWAY LAW;
 AND
   (VI) BROWNFIELD SITES AS DEFINED IN SECTION 27-1405  OF  THE  ENVIRON-
 MENTAL CONSERVATION LAW.
   §  4.  Paragraph  (c)  of  subdivision  1 of section 139 of the public
 service law, as added by section 11 of part O of chapter 58 of the  laws
 of 2024, is amended to read as follows:
   (c)  (I)  The uniform standards and conditions established pursuant to
 this section shall be designed to avoid, minimize, or  mitigate  to  the
 maximum  extent  practicable,  potential  significant adverse impacts to
 land used in agricultural production, with additional consideration  for
 land  within  an agricultural district or land that contain mineral soil
 groups 1-4 as defined by the department of agriculture and markets.
   (II) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO THIS
 SECTION SHALL GIVE PREFERENCE TO  THE  FOLLOWING  SITES  WITHIN  PRIMARY
 SCORING CRITERIA:
   (1)  PARKING  LOTS  AS DEFINED IN SECTION ONE HUNDRED TWENTY-NINE-B OF
 THE VEHICLE AND TRAFFIC LAW;
   (2) WAREHOUSE DISTRIBUTION CENTERS AS DEFINED IN SECTION SEVEN HUNDRED
 EIGHTY OF THE LABOR LAW;
   (3)  CORRECTIONAL  FACILITIES  AS  DEFINED  IN  ARTICLE  ONE  OF   THE
 CORRECTIONS LAW;
   (4)  RETAIL ESTABLISHMENTS OF GREATER THAN TWENTY-FIVE THOUSAND SQUARE
 FEET;
   (5) ROADSIDE REST AREAS PURSUANT TO SECTION TWENTY OF THE HIGHWAY LAW;
 AND
   (6) BROWNFIELD SITES AS DEFINED IN SECTION  27-1405  OF  THE  ENVIRON-
 MENTAL CONSERVATION LAW.
   §  5.  The  public  authorities law is amended by adding a new section
 1885 to read as follows:
   § 1885. AGRIVOLTAICS. 1. LEGISLATIVE  INTENT.  THE  LEGISLATURE  FINDS
 THAT  AS NEW YORK PROGRESSES TO UTILIZING CLEAN ENERGY, THE AGRICULTURAL
 INDUSTRY HAS AN OPPORTUNITY TO PLAY A SUBSTANTIAL ROLE IN  ENVIRONMENTAL
 CONSERVATION  WHILE  ALSO  PROTECTING  AND  MAINTAINING  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 REACH-
 ING ITS CLIMATE AND ENVIRONMENTAL IMPACT GOALS.
   2. DEFINITIONS. 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; PROVIDED  FURTHER,  HOWEVER,  THAT  AGRICULTURAL  PRODUCTS  AND
 S. 7899                             4
 
 ACTIVITIES  SHALL  NOT INCLUDE POLLINATOR HABITATS, APIARIES, OR BOTH AS
 THE SOLE FARMING ACTIVITIES.
   (B)  "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.
   § 6. This act shall take effect immediately; provided,  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;
 provided further, however, that  the  amendments  to  subdivision  4  of
 section  138 of the public service law made by section three of this act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith; provided further, however, that the amendments  to  paragraph
 (c)  of  subdivision  1 of section 139 of the public service law made by
 section four of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.

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