Senate Bill S9478

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9478
 
                             I N  S E N A T E
 
                              March 17, 2026
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, the public service  law
   and  the  real property tax law, in relation to prohibiting incentives
   for the siting or operation of commercial renewable energy systems  in
   sensitive environmental areas

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 151 of the agriculture and markets law, as  amended
 by chapter 375 of the laws of 2008, is amended to read as follows:
   §  151. Agricultural environmental management program. There is hereby
 established within the department an agricultural environmental  manage-
 ment  program to assist farmers in maintaining the economic viability of
 their farm operations while addressing environmental impacts from  those
 operations, including, but not limited to, soil, air and water pollution
 and greenhouse gas emissions. The program may also include assistance to
 farmers  for  the development of agriculturally-derived renewable energy
 sources. The program may consist of  planner  certification  to  qualify
 persons  to  prepare  AEM plans; technical assistance to farmers partic-
 ipating in the program; financial assistance, within funds available, to
 soil and water conservation districts and farmers to prepare and  imple-
 ment  plans;  other incentives for program participation; and evaluation
 of program procedures and projects to assess  effectiveness.    NO  SUCH
 ASSISTANCE  SHALL  BE PROVIDED FOR THE SITING OR OPERATION OF COMMERCIAL
 RENEWABLE ENERGY SYSTEMS, SUCH AS SOLAR FARMS, ON LAND USED IN  AGRICUL-
 TURAL PRODUCTION, BUT MAY BE PROVIDED FOR AGRIVOLTAIC ENERGY SYSTEMS, AS
 DEFINED  BY  SECTION  TWO OF THE PUBLIC SERVICE LAW, OR RENEWABLE ENERGY
 SYSTEMS DESIGNED PRIMARILY TO PROVIDE ON-SITE ELECTRICITY.
   § 2. The opening paragraph of  section  323  of  the  agriculture  and
 markets  law,  as amended by chapter 150 of the laws of 2013, is amended
 to read as follows:
   The commissioner shall initiate and maintain a state agricultural  and
 farmland  protection  program to provide financial and technical assist-
 ance, within funds available,  to  counties,  municipalities,  soil  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14589-03-6
 S. 9478                             2
 
 water  conservation districts, and not-for-profit conservation organiza-
 tions for their agricultural and farmland protection efforts.   NO  SUCH
 FINANCIAL  OR  TECHNICAL ASSISTANCE SHALL BE PROVIDED FOR ANY COMMERCIAL
 PROJECT  SITING  OR  PROPOSING  TO SITE RENEWABLE ENERGY SYSTEMS ON LAND
 USED IN AGRICULTURAL PRODUCTION, OTHER THAN FOR AN  AGRIVOLTAICS  ENERGY
 SYSTEMS  AS  DEFINED  IN SECTION TWO THE PUBLIC SERVICE LAW OR A PROJECT
 THAT PRIMARILY PROVIDES ELECTRICITY FOR ON-SITE USE.  Activities  to  be
 conducted by the commissioner shall include, but not be limited to:
   § 3. Section 66-p of the public service law is amended by adding a new
 subdivision 9 to read as follows:
   9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO ZERO
 EMISSION  CREDITS  OR  OTHER INCENTIVES SHALL BE GRANTED TO A COMMERCIAL
 RENEWABLE ENERGY SYSTEM SITED OR PROPOSED TO BE SITED:
   (A) ON LAND USED IN AGRICULTURAL PRODUCTION,  AS  DEFINED  IN  SECTION
 THREE  HUNDRED  ONE  OF  THE  AGRICULTURE AND MARKETS LAW, OTHER THAN AN
 AGRIVOLTAIC ENERGY SYSTEM OR A  SYSTEM  DESIGNED  PRIMARILY  TO  PROVIDE
 ON-SITE ELECTRICITY;
   (B)  WITHIN  A  CRITICAL  ENVIRONMENTAL AREA PURSUANT TO SECTION EIGHT
 HUNDRED TEN OF THE EXECUTIVE LAW;
   (C) WITHIN  A  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  DESIGNATED
 GRASSLAND BIRD CONSERVATION CENTER;
   (D) WITHIN A NEW YORK STATE BIRD CONSERVATION AREA PURSUANT TO SECTION
 11-2001 OF THE ENVIRONMENTAL CONSERVATION LAW; OR
   (E)  WITHIN  A WILDLIFE MANAGEMENT AREA PURSUANT TO SECTION 11-0303 OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   § 4. Section 487 of the real property tax law is amended by  adding  a
 new subdivision 11 to read as follows:
   11. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION TO THE CONTRARY, NO
 EXEMPTION SHALL BE GRANTED TO A COMMERCIAL RENEWABLE ENERGY SYSTEM SITED
 OR PROPOSED TO BE SITED:
   (A)  ON  LAND  USED  IN AGRICULTURAL PRODUCTION, AS DEFINED IN SECTION
 THREE HUNDRED ONE OF THE AGRICULTURE AND  MARKETS  LAW,  OTHER  THAN  AN
 AGRIVOLTAIC  ENERGY  SYSTEM,  AS  DEFINED  IN  SECTION TWO OF THE PUBLIC
 SERVICE LAW, OR A SYSTEM DESIGNED PRIMARILY TO PROVIDE ON-SITE ELECTRIC-
 ITY;
   (B) WITHIN A CRITICAL ENVIRONMENTAL AREA  PURSUANT  TO  SECTION  EIGHT
 HUNDRED TEN OF THE EXECUTIVE LAW;
   (C)  WITHIN  A  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION DESIGNATED
 GRASSLAND BIRD CONSERVATION CENTER;
   (D) WITHIN A NEW YORK STATE BIRD CONSERVATION AREA PURSUANT TO SECTION
 11-2001 OF THE ENVIRONMENTAL CONSERVATION LAW; OR
   (E) ON PRIVATELY HELD LAND WITHIN A WILDLIFE MANAGEMENT AREA  PURSUANT
 TO SECTION 11-0303 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  5. Section 2 of the public service law is amended by adding two new
 subdivisions 30 and 31 to read as follows:
   30. "AGRIVOLTAICS" WHEN USED IN THIS CHAPTER, MEANS  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;
 S. 9478                             3
 
   (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.
   31. "AGRICULTURAL PRODUCTS AND ACTIVITIES" WHEN USED IN THIS  CHAPTER,
 SHALL  INCLUDE: (A) CROP PRODUCTION; (B) ANIMAL HUSBANDRY; AND (C) LIVE-
 STOCK 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 AGRI-
 CULTURAL PRODUCTS AND ACTIVITIES SHALL NOT INCLUDE POLLINATOR  HABITATS,
 APIARIES, OR BOTH AS THE SOLE FARMING ACTIVITIES.
   § 6. This act shall take effect immediately.