Bill Text: NY A07799 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to solar exploration, development and extraction activities in agricultural districts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A07799 Detail]

Download: New_York-2019-A07799-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7799

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 23, 2019
                                       ___________

        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Agriculture

        AN  ACT  to  amend the agriculture and markets law, in relation to solar
          exploration, development and  extraction  activities  in  agricultural
          districts

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

     1    Section 1. Subdivision 5 of section 301 of the agriculture and markets
     2  law, as amended by chapter 565 of the laws of 2003, is amended  to  read
     3  as follows:
     4    5.  "Oil,  gas,  solar  or wind exploration, development or extraction
     5  activities" means the installation and use  of  fixtures  and  equipment
     6  which  are  necessary  for the exploration, development or extraction of
     7  oil, natural gas, solar or wind energy, including access roads, drilling
     8  apparatus, pumping facilities, pipelines, and wind turbines.
     9    § 2. Subparagraph (iv) of paragraph d of subdivision 1 of section  305
    10  of  the  agriculture  and  markets law, as amended by chapter 565 of the
    11  laws of 2003, is amended to read as follows:
    12    (iv) If such land or any portion thereof is converted to a  use  other
    13  than  for  agricultural  production by virtue of oil, gas, solar or wind
    14  exploration, development, or extraction  activity  or  by  virtue  of  a
    15  taking  by  eminent  domain or other involuntary proceeding other than a
    16  tax sale, the land or portion so  converted  shall  not  be  subject  to
    17  payments.  If  the  land  so  converted  constitutes only a portion of a
    18  parcel described on the assessment roll, the  assessor  shall  apportion
    19  the  assessment,  and adjust the agricultural assessment attributable to
    20  the portion of the parcel not subject to such conversion by  subtracting
    21  the  proportionate  part  of the agricultural assessment attributable to
    22  the portion so converted. Provided further that land within an  agricul-
    23  tural  district and eligible for an agricultural assessment shall not be
    24  considered to have been converted to a use other than  for  agricultural

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11925-01-9

        A. 7799                             2

     1  production  solely  due  to  the  conveyance  of oil, gas, solar or wind
     2  rights associated with that land.
     3    §  3.  Paragraph  c of subdivision 2 of section 306 of the agriculture
     4  and markets law, as amended by chapter 565  of  the  laws  of  2003,  is
     5  amended to read as follows:
     6    c.  If such land or any portion thereof is converted by virtue of oil,
     7  gas, solar or wind exploration, development, or extraction  activity  or
     8  by  virtue of a taking by eminent domain or other involuntary proceeding
     9  other than a tax sale, the land or portion so  converted  shall  not  be
    10  subject  to payments. If land so converted constitutes only a portion of
    11  a parcel described on the assessment roll, the assessor shall  apportion
    12  the  assessment,  and adjust the agricultural assessment attributable to
    13  the portion of the parcel not subject to such conversion by  subtracting
    14  the  proportionate  part  of the agricultural assessment attributable to
    15  the portion so converted. Provided further that land outside an agricul-
    16  tural district and eligible for an agricultural assessment  pursuant  to
    17  this  section  shall  not  be considered to have been converted to a use
    18  other than for agricultural production solely due to the  conveyance  of
    19  oil, gas, solar or wind rights associated with that land.
    20    § 4. This act shall take effect immediately.
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