BILL NUMBER: S5628
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the tax law, in relation to establishing an agrivoltaic
production tax credit; and to amend the agriculture and markets law, in
relation to the impact of agrivoltaics on agricultural assessments
 
PURPOSE:
Directs the public service commission to create an agrivoltaics incen-
tive program.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 210-B of the tax law by adding a new subdivi-
sion to establish an "Agrivoltaic Production Tax Credit", providing tax
incentives for farmers who integrate solar photovoltaic power generation
with agricultural production. The section also establishes a pre-quali-
fication process, annual certification requirements and provisions for
credit application, carryover, and transferability.
Section 2 amends section 305 of the Agriculture & Markets Law to ensure
that participation in agrivoltaic projects does not affect a farm's
eligibility for agricultural assessments. This provision protects farm-
land enrolled in agrivoltaic systems from losing property tax benefits.
Section 3 states the effective date.
 
JUSTIFICATION:
The welfare of all New Yorkers is best served by protecting our nutri-
tional, economic, and energy security; all of which are advanced through
agrivoltaics. This program allows agricultural lands to remain in agri-
cultural use while generating solar energy, thereby simultaneously
increasing the farm's revenue while decreasing reliance on fossil-fuel-
based energy.
 
LEGISLATIVE HISTORY:
2023-2024: S8926 - Died in Energy & Telecommunications
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5628: 210-B tax law, 305 agriculture and markets law