STATE OF NEW YORK
        ________________________________________________________________________

                                         2299--A

                               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 -- committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        AN ACT to amend the agriculture and markets law, in relation  to  estab-
          lishing the agrivoltaics viability pilot program

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

     1    Section 1. The opening paragraph of section 327 of the agriculture and
     2  markets law is designated subdivision 1 and a new subdivision 2 is added
     3  to read as follows:
     4    2. The legislature further  finds  that  as  New  York  progresses  to
     5  utilizing  clean  energy the agricultural industry has an opportunity to
     6  play  a  substantial  role  in  environmental  conservation  while  also
     7  protecting and maintaining viable farmland through the practice of agri-
     8  voltaics.    Dual-use  solar  energy projects have the potential to keep
     9  farmland as working agricultural landscapes providing economic  benefits
    10  to  farmers and assisting the state in reaching its climate and environ-
    11  mental impact goals. The legislature hereby declares  that  to  progress
    12  the  initiatives of the farmland viability program, the department shall
    13  create an agrivoltaics viability pilot program as part of  the  farmland
    14  viability program.
    15    §  2.  Section  328  of  the agriculture and markets law is amended by
    16  adding two new subdivisions 5 and 6 to read as follows:
    17    5. "Agrivoltaics" shall mean the simultaneous use of areas of land for
    18  both solar power generation and agriculture. For the  purposes  of  this
    19  article,  agrivoltaics  shall be narrowed to the practices of a dual-use
    20  solar energy project.
    21    6. "Dual-use solar energy project" means  a  solar  installation  that
    22  integrates  solar  arrays and farming activity on the same ground. To be
    23  considered dual-use, a solar installation cannot displace farming activ-
    24  ity; farming activity must be maintained  throughout  the  life  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04208-05-3

        A. 2299--A                          2

     1  solar  facility  in a manner that is consistent with commercial agricul-
     2  tural production as appropriate to the capacity of the land when  farmed
     3  sustainably.  The  term  "dual-use" refers to a solar installation that:
     4  (i) retains or enhances the land's agricultural productivity, both short
     5  term  and  long  term; (ii) is built, maintained, and has provisions for
     6  decommissioning to protect the land's agricultural resources and  utili-
     7  ty; and (iii) supports the viability of a farming operation.
     8    §  3.  Section  329  of  the agriculture and markets law is amended by
     9  adding a new subdivision 3 to read as follows:
    10    3. The commissioner shall initiate and maintain a  state  agrivoltaics
    11  viability  pilot  program within the department under the farm viability
    12  program to progress the goals of the program to ensure farm  profitabil-
    13  ity  and  sound  environmental management, pursuant to this section. The
    14  agrivoltaics viability pilot program shall provide  grants  to  identify
    15  the  best  practices  and  strategies for dual-use solar energy projects
    16  that protect soil health  during  construction  and  decommissioning  of
    17  solar  arrays,  utilize  sustainable  agricultural production practices,
    18  monitor any benefits solar energy may have on farms and  to  the  state,
    19  track  economic viability, study the commercialization of dual-use solar
    20  energy projects, and encourage equitable engagement of stakeholders.
    21    a. The commissioner, in consultation  with  the  office  of  renewable
    22  energy  siting  and  the department of environmental conservation, shall
    23  adopt policies and procedures necessary for the  implementation  of  the
    24  pilot  program, including but not limited to: (i) the process by which a
    25  landowner may apply for the approval needed to participate in the  pilot
    26  program; and (ii) provisions prescribing standards concerning impervious
    27  cover  which  may  be permitted in connection with dual-use solar energy
    28  projects authorized to be constructed, installed, and operated on  farm-
    29  land pursuant to this section.
    30    b.  The  office  of  renewable  energy  siting shall provide technical
    31  assistance and support to the commissioner concerning  the  promulgation
    32  of  the  pilot program and any grantees on implementing a dual-use solar
    33  energy project.
    34    c. One year after grants are distributed for the purposes of the pilot
    35  program, the commissioner shall report to the  governor,  the  temporary
    36  president  of the senate and the speaker of the assembly on the agrivol-
    37  taics viability pilot program and its results.
    38    § 4. Section 330 of the agriculture and  markets  law  is  amended  by
    39  adding a new subdivision 3 to read as follows:
    40    3.  Grants  for  the  agrivoltaics  viability  pilot  program shall be
    41  distributed pursuant to this section as a pilot program under  the  farm
    42  viability  program.  The  agrivoltaics  viability pilot program shall be
    43  designed to enhance the purpose of the farm viability program.
    44    § 5. This act shall take effect six months after it shall have  become
    45  a  law.  Effective immediately, the addition, amendment and/or repeal of
    46  any rule or regulation necessary for the implementation of this  act  on
    47  its  effective date are authorized to be made and completed on or before
    48  such effective date.