BILL NUMBER: S7899A
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the public authorities law, in relation to giving prior-
ity to certain sites when developing renewable energy generating
projects and to the definition of agrivoltaics
 
PURPOSE:
To clarify and strengthen requirements promoting renewable energy devel-
opment in certain sites, and to define "agrivoltaics."
 
SUMMARY OF PROVISIONS:
Section one amends section 1901 of the public authorities law to define
"agrivoltaics" and "Agricultural Products and Activities."
Section two amends section 1902 of the public authorities law to state
that in developing renewable energy projects the authority shall give
priority to sites such as parking lots, warehouses, correctional facili-
ties, large retail establishments, rest areas, and brownfields; and
cross-references an existing reference of "agrivoltaics" to the new
definition added in section one
Section three is the effective date.
 
JUSTIFICATION:
New York farmland is under threat. According to a 2024 report by the
Comptroller, the State lost 14% of its farms and 9% of its farmland to
other uses between 2012 and 2022. New York has taken important steps to
balance our solar and renewable energy priorities with farmland
protection, including review standards intended to protect the highest
quality soil. However, further work is needed to ensure that farmland
and food security are maintained as we expand renewable generation
capacity.
Existing laws related to solar siting give "priority" to siting on a
variety of non-farm locations, such as previously-developed sites or
brownfields. This bill expands and clarifies the intent by listing addi-
tional non-farm locations such as parking lots, warehouses, and other
locations.
Current project siting law also makes several references to "agrivolta-
ics." This is the emerging practice of dual-siting solar generation with
working agricultural production, such as placement of solar panels over
croplands or at a height sufficient for cattle to walk under. The State
has funded a small pilot program at Cornell for such projects pursuant
to Agriculture and Markets Law section 151-j, but lacks a statutory
definition of the term. The vagueness of existing law may allow for
projects that actually reduce agricultural production to be considered
agrivoltaics, such as if cropland is taken out of use for solar panels
but the developer puts bee boxes on the panels and calls it "agricul-
ture?' Therefore this bill adds a clear definition of "agrivoltaics"
that has been crafted in partnership with farmland protection organiza-
tions and solar developers to represent best practices in this cutting
edge field.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediate

Statutes affected:
S7899: 1902 public authorities law, 1902(1) public authorities law, 138 public service law, 138(4) public service law, 139 public service law, 139(1) public service law