Senate Bill S8712

2025-2026 Legislative Session

Requires the office of renewable energy siting and electric transmission to establish and/or amend rules and regulations pertaining to standards related to siting major renewable energy facilities

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2026	referred to energy and telecommunications

2025-S8712 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§137 & 138, add §149, Pub Serv L

2025-S8712 (ACTIVE) - Summary

Requires the office of renewable energy siting and electric transmission to establish and/or amend rules and regulations pertaining to standards related to the siting, design, construction and operation of major renewable energy facilities; requires such rules and regulations to include information relating to certain definitions, preapplication procedures, application procedures, farmland conservation fees, and farmland protection; provides for the repeal of such provisions upon expiration thereof.

2025-S8712 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8712

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the public service law, in relation to the siting,
design, construction and operation of major renewable energy facilities
and to applications therefor; and providing for the repeal of certain
provisions upon expiration thereof

 
PURPOSE:

The purpose of this legislation is to establish uniform standards and
conditions relating to the construction and operation of major renewable
energy facilities on farmland and the review of applications for permits
to develop such facilities; and require the office of renewable energy
to establish or amend rules and regulations pertaining to renewable
energy siting facilities.

 
SUMMARY OF PROVISIONS:

Section one amends section 137 of the public service law to define

"agrivoltaics" and "Agricultural Products and Activities."

Section two adds a new paragraph to section 138 of the public service
law that requires ORES to give priority to applications that use previ-
ously developed sites and existing or abandoned commercial sites.

Section three amends subdivision 4 of section 138 of the public service
law to require ORES to consider impacts on mineral soil groups 1-7 and
consult with the department of agriculture and markets to ensure that a
critical mass of farmland and/or the state's food security are not
threatened by an applicant's renewable energy project.

Section four creates a new section 149 of the public service law outlin-
ing new rules and regulations related to farmland protection and food
security that the office of renewable energy siting shall establish.

 
JUSTIFICATION:

In 2019, New York State passed the Climate Leadership and Community
Protection Act, setting the stage for our state to be the nation's lead-
er in renewable energy independence, including an emphasis on solar
energy capture. While this transition is fundamental to the future of
our planet, we must move forward in a way that does not negatively
impact other important and fragile natural resources, like the agricul-
tural lands that are pivotal to our fight against the climate crisis and
the future of our nation's food security. The COVID-19 pandemic unveiled
the fragility of our food system, showing us what happens when we depend
almost entirely on international markets and a broken supply chain. That
experience made clear just how important it is to have a robust, local
and secure food system here in our state.

It's also important to note that we can no longer aim to be just carbon
neutral, we must be carbon negative, and agriculture holds the largest
and most efficient opportunity through carbon sequestration and the
healthy soil practices that New York farmers adhere to every day. In our
fight to save the planet, we cannot afford to lose agricultural land.

And yet, at current levels, large-scale solar developments are overtak-
ing farmland because they are often the cheapest and easiest places to
site these projects. Across the state, we're seeing dozens of projects
sited within a single municipality, destroying local commerce, food
security, and environmental preservation. Regional impacts and collec-
tive farmland loss must be considered as part of the smart development
criteria we use for siting solar developments.  We cannot and must not
exchange a climate crisis for a food crisis.

In order to both hit our goals in the CLCPA and keep a safe, local food
supply providing New Yorkers with fresh, healthy and nutritious meals,
we must be more thoughtful of our resources and examine where and how we
choose to develop new solar projects across the state.  This legislation
will create a program that maintains New York's robust solar industry
while protecting farmland and the surrounding communities. It creates
criteria for the Office of Renewable Energy Siting to consider upon
receipt of a permit application and requires agricultural and regional
impacts to be reviewed. Nothing is more important than transitioning to
a renewable energy future, but it must be done through sustainable and
thoughtful practice with regard to the communities and the food systems
that we need to protect.

 
LEGISLATIVE HISTORY:

2022: S.7677 / A.9109 REFERRED TO ENERGY AND TELECOMMUNICATIONS /
referred to energy

2023-24: S.1793-C / A,3117-C PASSED SENATE (2023) / referred to energy

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to article 8 of the public service law made by sections one,
two, three, four, and five of this act shall not affect the repeal of
such article and shall be deemed repealed therewith.

2025-S8712 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8712
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 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  service law, in relation to the siting,
   design, construction and operation of major renewable  energy  facili-
   ties  and  to  applications  therefor; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 137 of the public service law is amended by adding
 two new subdivisions 14 and 15 to read as follows:
   14. "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.
   15. "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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14269-02-5

 S. 8712                             2
 
 ACTIVITIES SHALL NOT INCLUDE POLLINATOR HABITATS, APIARIES, OR  BOTH  AS
 THE SOLE FARMING ACTIVITIES.
   § 2. Subdivision 1 of section 138 of the public service law is amended
 by adding a new paragraph (d) to read as follows:
   (D)  IN  ITS REVIEW OF APPLICATIONS FOR PERMITS PURSUANT TO THIS ARTI-
 CLE, ORES SHALL GIVE PRIORITY TO PREVIOUSLY DEVELOPED SITES AND 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 TWEN-
 TY-NINE-B OF THE VEHICLE AND TRAFFIC LAW, WAREHOUSE DISTRIBUTION CENTERS
 AS DEFINED IN SECTION SEVEN HUNDRED EIGHTY OF THE LABOR LAW, CORRECTION-
 AL FACILITIES AS DEFINED IN ARTICLE ONE OF THE CORRECTIONS  LAW,  RETAIL
 ESTABLISHMENTS  OF  GREATER THAN TWENTY-FIVE THOUSAND SQUARE FEET, ROAD-
 SIDE REST AREAS PURSUANT TO SECTION  TWENTY  OF  THE  HIGHWAY  LAW,  AND
 OTHERWISE UNDERUTILIZED SITES.
   §  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. 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 with-
 in an agricultural district or land that contains  mineral  soil  groups
 [1-4] 1-7. IN ITS REVIEW OF AN APPLICATION FOR A PERMIT PURSUANT TO THIS
 ARTICLE,  ORES,  IN  CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE AND
 MARKETS, SHALL ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIG-
 NATED REGION IS NOT THREATENED AND ENSURE THAT SOLAR  DEVELOPMENT  SHALL
 NOT  GREATLY  HINDER THE AMOUNT OF FARMLAND WITHIN NEW YORK STATE AND/OR
 BE A POTENTIAL THREAT TO THE STATE'S FOOD SECURITY. TWO YEARS AFTER  THE
 EFFECTIVE  DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-SIX
 THAT AMENDED THIS SUBDIVISION,  THE  OFFICE,  IN  CONJUNCTION  WITH  THE
 PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS,
 SHALL  REEVALUATE THE EFFICACY OF THIS SUBDIVISION AND PROPOSE RECOMMEN-
 DATIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMITED TO, THE  CONSIDER-
 ATION OF NEW PERTINENT TECHNOLOGY AND/OR INFORMATION.  The provisions of
 this subdivision shall not apply in the consideration of any permits for
 siting,  design,  construction, or operation of a major renewable energy
 facility for which a completed application  has  been  received  by  the
 office  of  renewable  energy siting and electric transmissions prior to
 the adoption of amended uniform standards and conditions consistent with
 this subdivision.
   § 4. The public service law is amended by adding a new section 149  to
 read as follows:
   §  149. RULES AND REGULATIONS. ORES SHALL ESTABLISH AND/OR AMEND RULES
 AND REGULATIONS PERTAINING TO THE  STANDARDS  RELATED  TO  SITING  MAJOR
 RENEWABLE ENERGY FACILITIES TO INCLUDE THE FOLLOWING:
   1.  THE  DEFINITION OF PRIME FARMLAND AS DEFINED IN PART 622.04 OF THE
 USDA HANDBOOK AND THE DEFINITIONS OF UNIQUE FARMLAND,  SPECIFIC  CHARAC-
 TERISTICS  OF  UNIQUE  FARMLAND, ADDITIONAL FARMLAND OF STATEWIDE IMPOR-
 TANCE, AND ADDITIONAL FARMLAND OF LOCAL IMPORTANCE  AS  SUCH  TERMS  ARE
 DEFINED IN 7 CFR § 657.5.
   2. PREAPPLICATION PROCEDURES WHICH REQUIRE APPLICANTS TO:
   (A) SUBMIT A REPORT DELINEATING THE IMPACTS TO PRIME AGRICULTURAL LAND
 AND  PRIME  SOILS,  UNIQUE  FARMLAND AND FARMLAND OF STATEWIDE AND LOCAL
 IMPORTANCE, INCLUDING MINERAL SOIL GROUPS 1-7 AS DEFINED BY THE  DEPART-
 MENT OF AGRICULTURE AND MARKETS;
 S. 8712                             3
 
   (B) SUBMIT A CUMULATIVE IMPACT STUDY AS TO HOW THE USE OF FARMLAND FOR
 SOLAR  SITING WILL IMPACT THE REGIONAL FOOD ECONOMY AND REGIONAL OVERALL
 FARMLAND PROTECTION PLAN;
   (C)  ENSURE  THAT  A  CRITICAL  MASS OF FARMLAND WITHIN THE DESIGNATED
 REGION IS NOT THREATENED. TWO YEARS AFTER THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE  OFFICE, IN CONJUNCTION WITH THE PUBLIC SERVICE COMMISSION
 AND THE DEPARTMENT OF AGRICULTURE  AND  MARKETS,  SHALL  REEVALUATE  THE
 EFFICACY OF THIS SUBDIVISION AND PROPOSE RECOMMENDATIONS TO THE LEGISLA-
 TURE,  INCLUDING  BUT NOT LIMITED TO, THE CONSIDERATION OF NEW PERTINENT
 TECHNOLOGY AND/OR INFORMATION; AND
   (D) SUBMIT AN AFFIDAVIT OF  FINANCIAL  SOLVENCY,  INCLUDING  FINANCIAL
 STATEMENTS.
   3.  APPLICATION  PROCEDURES FOR MAJOR RENEWABLE ENERGY FACILITY SITING
 PERMITS. SUCH PROCEDURES SHALL REQUIRE THAT EACH  APPLICATION  FOR  SUCH
 PERMITS INCLUDE:
   (A)  THE  SUBMISSION OF A CUMULATIVE IMPACT STATEMENT WITHIN THE STUDY
 AREA WHICH INCLUDES THE FOLLOWING CRITERIA:
   (I) CATEGORIES BASED ON SOLAR ARRAY SIZE, SPECIFYING THE ARRAY CAPACI-
 TY AND HOW MUCH POWER  OR  ELECTRICITY  IS  EXPECTED  TO  BE  GENERATED,
 ON-SITE OR ASSOCIATED ELECTRIC LOAD, AND THE LAND USE FOOTPRINT, INCLUD-
 ING THE ACREAGE OF LAND UNDERLYING THE ARRAY;
   (II)  CUSTOMER  TYPE  BY  IDENTIFYING THE END-USE ENTITY CONSUMING THE
 ELECTRICITY OR RECEIVING THE ELECTRIC CREDITS GENERATED BY  THE  PROJECT
 AND  HOW  SUCH END-USER IS CLASSIFIED IN UTILITIES' ESTABLISHED ELECTRIC
 RATE STRUCTURES FOR DIFFERENT CUSTOMER CLASSES,  INCLUDING  RESIDENTIAL,
 COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR LOW-INCOME;
   (III)  CATEGORIES  BASED  ON  SOLAR ARRAY LOCATION, SPECIFYING WHETHER
 SOLAR ARRAYS ARE ROOF-MOUNTED, AND DESIGNATING PREFERRED SITES FOR SOLAR
 DEVELOPMENT AND INELIGIBLE SITES; AND
   (IV) CATEGORIES BASED ON  SOLAR  ARRAY  DESIGN,  INCLUDING  SPECIFYING
 WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
   (B)  FOR  MAJOR  RENEWABLE  ENERGY  FACILITIES SITED ON PRIME SOILS OR
 FARMLANDS, THE SUBMISSION BY THE APPLICANT OF DECOMMISSIONING PLANS  FOR
 ARRAYS  ON  AGRICULTURAL  LAND AND DECOMMISSIONING BONDS FOR COMMERCIAL-
 SCALE PROJECTS. SUCH APPLICATION PROCEDURES SHALL REQUIRE THE  APPLICANT
 TO:
   (I) INCLUDE A DECOMMISSIONING PLAN IN THE APPLICATION;
   (II)  SHOW SUBSTANTIAL EVIDENCE THAT ALL STRUCTURES AND MATERIALS WILL
 BE REMOVED UPON DECOMMISSIONING OF SUCH FACILITY AND ENSURE  THAT  SOILS
 WILL BE CAPABLE OF AGRICULTURAL PRODUCTION; AND
   (III)  OBTAIN A FORM OF INSURANCE, INCLUDING BUT NOT LIMITED TO DECOM-
 MISSIONING SURETY BONDS, TO SECURE ALL  OR  A  PART  OF  DECOMMISSIONING
 COSTS  REQUIRED  AT THE CONCLUSION OF THE LEASE AND SUBMIT PROOF OF SUCH
 INSURANCE TO ORES.
   4. THE SUBMISSION OF A FARMLAND CONSERVATION FEE OF ONE PERCENT OF THE
 PRICE PER ACRE OF PRIME SOIL OR PRIME FARMLAND ON WHICH SOLAR IS  DEVEL-
 OPED.  SUCH FARMLAND CONSERVATION FEE SHALL BE DEPOSITED IN THE AGRICUL-
 TURAL AND FARMLAND VIABILITY PROTECTION  FUND  ESTABLISHED  PURSUANT  TO
 SECTION NINETY-NINE-PP OF THE STATE FINANCE LAW; PROVIDED, HOWEVER, THAT
 IF  THE  PROJECT  IS AN AGRIVOLTAICS PROJECT, THE APPLICANT SHALL NOT BE
 REQUIRED TO SUBMIT THE FARMLAND CONSERVATION FEE.
   5. FARMLAND PROTECTION. SUCH RULES AND REGULATIONS SHALL REQUIRE  ORES
 TO  CONSIDER  THE  REGIONAL  IMPACTS,  BASED ON THE ECONOMIC DEVELOPMENT
 COUNCIL REGION PURSUANT TO SECTION TWO HUNDRED THIRTY  OF  THE  ECONOMIC
 DEVELOPMENT LAW, ON FARMLAND PRESERVATION, LOCAL FOOD SUPPLY CHAINS, AND
 STATEWIDE FOOD SECURITY; PROVIDED, HOWEVER, THAT THE OFFICE SHALL ENSURE
 S. 8712                             4
 
 THAT  A  CRITICAL  MASS  OF FARMLAND WITHIN THE DESIGNATED REGION IS NOT
 THREATENED.  TWO YEARS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  THE
 OFFICE,  IN  CONJUNCTION  WITH  THE  PUBLIC  SERVICE  COMMISSION AND THE
 DEPARTMENT  OF AGRICULTURE AND MARKETS, SHALL REEVALUATE THE EFFICACY OF
 THIS SUBDIVISION AND PROPOSE RECOMMENDATIONS TO THE LEGISLATURE, INCLUD-
 ING BUT NOT LIMITED TO, THE CONSIDERATION OF  NEW  PERTINENT  TECHNOLOGY
 AND/OR INFORMATION.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to article 8 of the public service law made  by  sections
 one, two, three and four of this act shall not affect the repeal of such
 article and shall be deemed repealed therewith.

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Senate Bill S8712

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S8712 (ACTIVE) - Details

2025-S8712 (ACTIVE) - Summary

2025-S8712 (ACTIVE) - Sponsor Memo

2025-S8712 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S8712 (ACTIVE) - Details

2025-S8712 (ACTIVE) - Summary

2025-S8712 (ACTIVE) - Sponsor Memo

2025-S8712 (ACTIVE) - Bill Text download pdf

Comments