Bill Text: NY A00035 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to allowing agricultural districts to be converted to solar use without penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-20 - enacting clause stricken [A00035 Detail]

Download: New_York-2017-A00035-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           35
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to allowing
          agriculture districts to be converted to solar use without penalty
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 5 of section 301 of the agriculture and markets
     2  law, as amended by chapter 565 of the laws of 2003, is amended  to  read
     3  as follows:
     4    5.  "Oil,  gas,  solar  or wind exploration, development or extraction
     5  activities" means the installation and use  of  fixtures  and  equipment
     6  which  are  necessary  for the exploration, development or extraction of
     7  oil, natural gas, solar energy or wind energy, including  access  roads,
     8  drilling apparatus, pumping facilities, pipelines, solar panels and wind
     9  turbines.
    10    §  2. Subparagraph (iv) of paragraph d of subdivision 1 of section 305
    11  of the agriculture and markets law, as amended by  chapter  565  of  the
    12  laws of 2003, is amended to read as follows:
    13    (iv)  If  such land or any portion thereof is converted to a use other
    14  than for agricultural production by virtue of oil, gas,  solar  or  wind
    15  exploration,  development,  or  extraction  activity  or  by virtue of a
    16  taking by eminent domain or other involuntary proceeding  other  than  a
    17  tax  sale,  the  land  or  portion  so converted shall not be subject to
    18  payments. If the land so converted  constitutes  only  a  portion  of  a
    19  parcel  described  on  the assessment roll, the assessor shall apportion
    20  the assessment, and adjust the agricultural assessment  attributable  to
    21  the  portion of the parcel not subject to such conversion by subtracting
    22  the proportionate part of the agricultural  assessment  attributable  to
    23  the  portion so converted. Provided further that land within an agricul-
    24  tural district and eligible for an agricultural assessment shall not  be
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06312-01-7
        A. 35                               2
     1  considered  to  have been converted to a use other than for agricultural
     2  production solely due to the conveyance  of  oil,  gas,  solar  or  wind
     3  rights associated with that land.
     4    §  3.  Paragraph  c of subdivision 2 of section 306 of the agriculture
     5  and markets law, as amended by chapter 565  of  the  laws  of  2003,  is
     6  amended to read as follows:
     7    c.  If such land or any portion thereof is converted by virtue of oil,
     8  gas, solar or wind exploration, development, or extraction  activity  or
     9  by  virtue of a taking by eminent domain or other involuntary proceeding
    10  other than a tax sale, the land or portion so  converted  shall  not  be
    11  subject  to payments. If land so converted constitutes only a portion of
    12  a parcel described on the assessment roll, the assessor shall  apportion
    13  the  assessment,  and adjust the agricultural assessment attributable to
    14  the portion of the parcel not subject to such conversion by  subtracting
    15  the  proportionate  part  of the agricultural assessment attributable to
    16  the portion so converted. Provided further that land outside an agricul-
    17  tural district and eligible for an agricultural assessment  pursuant  to
    18  this  section  shall  not  be considered to have been converted to a use
    19  other than for agricultural production solely due to the  conveyance  of
    20  oil, gas, solar or wind rights associated with that land.
    21    § 4. This act shall take effect immediately.