S 7899: Provides that priority shall be given to certain sites when developing renewable energy generating projects; defines "agrivoltaics".

  
  STATE OF NEW YORK ________________________________________________________________________ 7899 2025-2026 Regular Sessions  IN SENATE May 13, 2025 ___________ Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public authorities law and the public service law, in relation to giving preference to certain sites when developing renewable energy generating projects and to the definition of agrivol- taics The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 27-a of section 1005 of public 2 authorities law, as added by section 1 of part QQ of chapter 56 of the 3 laws of 2023, is amended to read as follows: 4 (b) (i) The authority, its subsidiaries or any entity participating in 5 a public-private agreement established in paragraph (f) of this subdivi- 6 sion or acting on behalf of the authority, when developing renewable 7 energy generating projects authorized in this subdivision, or subdivi- 8 sion twenty-seven-b of this section, shall: [(i)] (A) not develop, 9 except when necessary for generator lead lines and other equipment need- 10 ed for interconnection of projects to the electric system, on property 11 that consists of land used in agricultural production, taking into 12 consideration whether the land is within an agricultural district or 13 contains mineral soil groups 1-4, as defined by the department of agri- 14 culture and markets, unless a renewable energy generation project is in 15 furtherance of an agrivoltaics project, "agrivoltaics" as defined in 16 section eighteen hundred eighty-five of this chapter; [(ii)] (B) mini- 17 mize harm to wildlife, ecosystems, public health and public safety; and 18 [(iii)] (C) not build on lands located upon any Native American territo- 19 ry or reservation located wholly or partly within the state, except 20 through voluntary sale or other agreement for such use with the consent 21 of the relevant nation and any required consent of the federal govern- 22 ment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11834-01-5 
 S. 7899 2 1 (ii) The authority, its subsidiaries or any entity participating in a 2 public-private agreement established in paragraph (f) of this subdivi- 3 sion or acting on behalf of the authority, when developing renewable 4 energy generating projects authorized in this subdivision, or subdivi- 5 sion twenty-seven-b of this section, shall give preference to the 6 following sites within its primary scoring criteria: 7 (A) Parking lots as defined in section one hundred twenty-nine-b of 8 the vehicle and traffic law; 9 (B) Warehouse distribution centers as defined in section seven hundred 10 eighty of the labor law; 11 (C) Correctional facilities as defined in article one of the 12 corrections law; 13 (D) Retail establishments of greater than twenty-five thousand square 14 feet; 15 (E) Roadside rest areas pursuant to section twenty of the highway law; 16 and 17 (F) Brownfield sites as defined in section 27-1405 of the environ- 18 mental conservation law. 19 § 2. Paragraph (b) of subdivision 1 of section 1902 of the public 20 authorities law, as amended by section 2 of part M of chapter 58 of the 21 laws of 2024, is amended to read as follows: 22 (b) (i) In making such assessment the authority shall give [priority 23 to] preference to the following sites within its primary scoring crite- 24 ria: previously developed sites, existing or abandoned commercial sites, 25 including without limitation brownfields, landfills, former commercial 26 or industrial sites, dormant electric generating sites, parking lots as 27 defined in section one hundred twenty-nine-b of the vehicle and traffic 28 law, warehouse distribution centers as defined in section seven hundred 29 eighty of the labor law, correctional facilities as defined in article 30 one of the corrections law, retail establishments of greater than twen- 31 ty-five thousand square feet, roadside rest areas pursuant to section 32 twenty of the highway law, or otherwise underutilized sites; and 33 (ii) the authority may establish a renewable energy generation project 34 in furtherance of an [agrivolatic] agrivoltaics project, [where "agri- 35 voltaic project" shall mean the simultaneous use of areas of land for 36 both solar power generation and agriculture, specific to the practice of 37 such dual-use solar energy project, where any of the previously devel- 38 oped sites listed in subparagraph (i) of this paragraph is reclaimed as 39 farmland] "agrivoltaics" as defined in section eighteen hundred eighty- 40 five of this article. 41 § 3. Subdivision 4 of section 138 of the public service law, as added 42 by section 11 of part O of chapter 58 of the laws of 2024, is amended to 43 read as follows: 44 4. (a) The uniform standards and conditions established pursuant to 45 this section shall be designed to avoid, minimize, or mitigate to the 46 maximum extent practicable, potential significant adverse impacts to 47 land used in agricultural production, with additional consideration for 48 land within an agricultural district or land that contains mineral soil 49 groups 1-4. The provisions of this subdivision shall not apply in the 50 consideration of any permits for siting, design, construction, or opera- 51 tion of a major renewable energy facility for which a completed applica- 52 tion has been received by the office of renewable energy siting and 53 electric transmissions prior to the adoption of amended uniform stand- 54 ards and conditions consistent with this subdivision. 
 S. 7899 3 1 (b) The uniform standards and conditions established pursuant to this 2 section shall give preference to the following sites within primary 3 scoring criteria: 4 (i) Parking lots as defined in section one hundred twenty-nine-b of 5 the vehicle and traffic law; 6 (ii) Warehouse distribution centers as defined in section seven 7 hundred eighty of the labor law; 8 (iii) Correctional facilities as defined in article one of the 9 corrections law; 10 (iv) Retail establishments of greater than twenty-five thousand square 11 feet; 12 (v) Roadside rest areas pursuant to section twenty of the highway law; 13 and 14 (vi) Brownfield sites as defined in section 27-1405 of the environ- 15 mental conservation law. 16 § 4. Paragraph (c) of subdivision 1 of section 139 of the public 17 service law, as added by section 11 of part O of chapter 58 of the laws 18 of 2024, is amended to read as follows: 19 (c) (i) The uniform standards and conditions established pursuant to 20 this section shall be designed to avoid, minimize, or mitigate to the 21 maximum extent practicable, potential significant adverse impacts to 22 land used in agricultural production, with additional consideration for 23 land within an agricultural district or land that contain mineral soil 24 groups 1-4 as defined by the department of agriculture and markets. 25 (ii) The uniform standards and conditions established pursuant to this 26 section shall give preference to the following sites within primary 27 scoring criteria: 28 (1) Parking lots as defined in section one hundred twenty-nine-b of 29 the vehicle and traffic law; 30 (2) Warehouse distribution centers as defined in section seven hundred 31 eighty of the labor law; 32 (3) Correctional facilities as defined in article one of the 33 corrections law; 34 (4) Retail establishments of greater than twenty-five thousand square 35 feet; 36 (5) Roadside rest areas pursuant to section twenty of the highway law; 37 and 38 (6) Brownfield sites as defined in section 27-1405 of the environ- 39 mental conservation law. 40 § 5. The public authorities law is amended by adding a new section 41 1885 to read as follows: 42 § 1885. Agrivoltaics. 1. Legislative intent. The legislature finds 43 that as New York progresses to utilizing clean energy, the agricultural 44 industry has an opportunity to play a substantial role in environmental 45 conservation while also protecting and maintaining viable farmland 46 through the practice of agrivoltaics. Dual-use solar energy projects 47 have the potential to keep farmland as working agricultural landscapes 48 providing economic benefits to farmers and assisting the state in reach- 49 ing its climate and environmental impact goals. 50 2. Definitions. The following terms shall have the following meanings: 51 (a) "Agricultural products and activities" shall include: (i) crop 52 production; (ii) animal husbandry; and (iii) livestock grazing or cattle 53 grazing; provided, however, that agricultural products and activities 54 shall not include sheep grazing as the sole farming activity except 55 where the land utilized is currently utilized exclusively for such 56 purpose; provided further, however, that agricultural products and 
 S. 7899 4 1 activities shall not include pollinator habitats, apiaries, or both as 2 the sole farming activities. 3 (b) "Agrivoltaics" or "dual-use solar energy projects" shall mean the 4 simultaneous use of areas of land for both solar power generation and 5 agriculture through a ground-mounted photovoltaic solar energy system 6 constructed, installed, and operated to achieve integrated and simul- 7 taneous production of both solar energy and marketable agricultural 8 products and activities by an agricultural producer, provided that such 9 use: 10 (i) is constructed, installed, and operated to achieve integrated and 11 simultaneous production of both solar energy and marketable agricultural 12 products consistent with commercial agricultural production, as soon as 13 agronomically feasible and continuing until decommissioning, on land 14 beneath or between rows of solar panels; 15 (ii) has been intentionally planned and designed with agricultural 16 producers or experts; 17 (iii) has provisions for decommissioning to protect the land's agri- 18 cultural resources and utility; and 19 (iv) does not significantly displace farming activity. 20 § 6. This act shall take effect immediately; provided, however, that 21 the amendments to paragraph (b) of subdivision 1 of section 1902 of the 22 public authorities law made by section two of this act shall not affect 23 the repeal of such section and shall be deemed repealed therewith; 24 provided further, however, that the amendments to subdivision 4 of 25 section 138 of the public service law made by section three of this act 26 shall not affect the repeal of such section and shall be deemed repealed 27 therewith; provided further, however, that the amendments to paragraph 28 (c) of subdivision 1 of section 139 of the public service law made by 29 section four of this act shall not affect the repeal of such section and 30 shall be deemed repealed therewith.