Bill Text: NY A02299 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes the agrivoltaics viability pilot program within the farmland viability program to provide grants to identify the best practices 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 benefits 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to energy [A02299 Detail]

Download: New_York-2023-A02299-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2299

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 25, 2023
                                       ___________

        Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
          tee on Energy

        AN ACT to amend the agriculture and markets  law,  in  relation  to  the
          construction,  installation  and  operation  of  dual-use solar energy
          projects on certain land which receives an agricultural assessment

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  agriculture and markets law is amended by adding two
     2  new sections 305-d and 305-e to read as follows:
     3    § 305-d. Dual-use solar energy projects pilot program.  1. The depart-
     4  ment shall establish a  dual-use  solar  energy  project  pilot  program
     5  promoting  the installation of dual-use energy projects on certain agri-
     6  cultural land. The department shall oversee the  implementation  of  the
     7  pilot program.
     8    2. Definitions. For the purposes of this section:
     9    a.  "Dual-use  solar  energy  project" means a solar installation that
    10  integrates solar arrays and farming activity on the same ground.  To  be
    11  considered dual-use, a solar installation cannot displace farming activ-
    12  ity;  farming  activity  must  be  maintained throughout the life of the
    13  solar facility in a manner that is consistent with  commercial  agricul-
    14  tural  production as appropriate to the capacity of the land when farmed
    15  sustainably. Dual-use is different than simple co-location which  gener-
    16  ally  involves  traditional ground-mounted solar installations that host
    17  non-agricultural plantings with additional environmental benefits.   The
    18  term  "dual-use"  refers  to  a  solar installation that: (i) retains or
    19  enhances the land's agricultural productivity, both short term and  long
    20  term;  (ii) is built, maintained, and has provisions for decommissioning
    21  to protect the land's agricultural  resources  and  utility;  and  (iii)
    22  supports the viability of a farming operation.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04208-01-3
        A. 2299                             2

     1    b. "Preserved farmland" means land on which a development easement was
     2  conveyed to, or retained by, the committee, a board, or a qualifying tax
     3  exempt nonprofit organization for farmland preservation purposes.
     4    c. "Unpreserved farmland" means any land that is valued, assessed, and
     5  taxed as farmland and is not preserved farmland.
     6    3.  Notwithstanding  the provisions of any law, rule, or regulation to
     7  the contrary, any owner of unpreserved farmland which receives an  agri-
     8  cultural  assessment,  may  construct,  install,  and operate a dual-use
     9  solar energy project on such farmland, provided that:
    10    a. the owner of the unpreserved farmland which  receives  an  agricul-
    11  tural  assessment obtains the approval of the department, in addition to
    12  any other approvals that may be required pursuant to state or local law,
    13  rule, regulation, or ordinance, prior to the construction of  the  dual-
    14  use solar energy project;
    15    b.  the capacity of the dual-use solar energy project is less than ten
    16  megawatts of power;
    17    c. the dual-use solar energy project is not located:
    18    (i) within the Adirondack park, the Catskill park or any other  forest
    19  preserve, as defined in section 9-0101 of the environmental conservation
    20  law; or
    21    (ii)  in  freshwater  wetlands,  as  defined in section 24-0107 of the
    22  environmental conservation law, or tidal wetlands as defined in  section
    23  25-0103 of the environmental conservation law; or
    24    d.  the  owner  of the unpreserved farmland which receives an agricul-
    25  tural assessment has filed a conservation plan with the  soil  conserva-
    26  tion  district  to  account  for the aesthetic, impervious coverage, and
    27  environmental impacts of the dual-use solar energy  project,  including,
    28  but not limited to, water recapture and filtration, and the conservation
    29  plan has been approved by the district;
    30    e. the project complies with the agricultural environmental management
    31  program  and  any agricultural environmental management plan established
    32  pursuant to article eleven-A of this chapter; and
    33    f. the owner of the unpreserved farmland which  receives  an  agricul-
    34  tural  assessment,  or  the person undertaking the dual-use solar energy
    35  project,  as  applicable,  obtains  all  necessary  permits  and   other
    36  approvals  as  may be required pursuant to federal, state, or local law,
    37  rule, regulation, or ordinance.
    38    4. The owner of the unpreserved farmland which  receives  an  agricul-
    39  tural assessment shall submit an application for approval by the depart-
    40  ment  before  constructing,  installing,  and operating a dual-use solar
    41  energy facility as allowed pursuant to subdivision one of this  section.
    42  The  department,  in  consultation  with  the office of renewable energy
    43  siting, shall, within ninety days after receipt, approve, disapprove, or
    44  approve with conditions an application submitted  for  the  purposes  of
    45  subdivision one of this section.
    46    5. The department may suspend or revoke an approval issued pursuant to
    47  this section for a violation of any term or condition of the approval or
    48  any provision of this section.
    49    6. The department, in consultation with the office of renewable energy
    50  siting  and  the  department  of environmental conservation, shall adopt
    51  rules and regulations necessary for the implementation of this  section,
    52  including  but  not limited to: (i) the process by which a landowner may
    53  apply for the approval required pursuant to this section, and the estab-
    54  lishment of reasonable application fees to pay for the cost of review of
    55  the application; and (ii) provisions  prescribing  standards  concerning
    56  impervious  cover  which  may  be  permitted in connection with dual-use
        A. 2299                             3

     1  solar energy projects authorized to be constructed, installed, and oper-
     2  ated on unpreserved farmland pursuant to this section.
     3    7.  The  office  of  renewable  energy  siting shall provide technical
     4  assistance and support to the  department  concerning  the  department's
     5  responsibilities pursuant to this section.
     6    8. Twelve months after the effective date of this section, and annual-
     7  ly  thereafter, the commissioner shall report to the governor, temporary
     8  president of the senate and the speaker of the assembly on the  dual-use
     9  solar energy projects pilot program and its results.
    10    §  305-e.  Dual-use  solar energy projects pilot program; agricultural
    11  assessments.   1. No land used  for  a  dual-use  solar  energy  project
    12  constructed,  installed,  and operated pursuant to section three hundred
    13  five-d of this article shall be considered land used for a  farm  opera-
    14  tion for the purposes of agricultural assessments, except as provided in
    15  this section.
    16    2.  Land  used  for  a  dual-use  solar  energy  project  constructed,
    17  installed, and operated pursuant to section three hundred five-d of this
    18  article may be eligible for valuation, assessment, and taxation as agri-
    19  cultural land or a farm operation, provided that:
    20    a. the dual-use solar energy project is located on  unpreserved  farm-
    21  land  that is continuing to be in operation as land used in agricultural
    22  production in the tax year for which the valuation, assessment and taxa-
    23  tion as agricultural land or a farm operation is applied for;
    24    b. in the tax year preceding the construction, installation, and oper-
    25  ation of the dual-use solar energy project, the  acreage  used  for  the
    26  dual-use solar energy project was valued, assessed, and taxed as land in
    27  agricultural production;
    28    c.  the  land  on  which  the dual-use solar energy project is located
    29  continues  to  be  actively  operated  as  land  used  in   agricultural
    30  production, and meets any income requirements set forth for such land;
    31    d.  the  approval  issued for the dual-use solar energy project by the
    32  department pursuant to section three hundred five-d of this article  has
    33  not been suspended or revoked; and
    34    e.  all  other requirements for such valuation, assessment or taxation
    35  are met.
    36    3. No generated energy from a dual-use solar energy project  shall  be
    37  considered  a  product of a farm operation, and no income from any power
    38  sold from the dual-use solar energy project may be considered income for
    39  eligibility for valuation, assessment, and taxation as agricultural land
    40  or a farm operation.
    41    4. Within one year of the effective date of this section, the  depart-
    42  ment  of  taxation  and finance, in consultation with the department and
    43  the office of renewable energy siting, shall:
    44    a. adopt such rules and regulations as may be necessary for the imple-
    45  mentation and administration of this section and section  three  hundred
    46  five-d of this article; and
    47    b.  incorporate  information concerning dual-use solar energy projects
    48  into any guidelines provided, and continuing education courses  offered,
    49  to municipal tax assessors, county assessors, county tax administrators,
    50  and other appropriate local government officials.
    51    5.  For  the purposes of this section, "dual-use solar energy project"
    52  shall have the same meaning as defined in section three  hundred  five-d
    53  of this article.
    54    § 2. This act shall take effect immediately.