Bill Text: NY S00545 | 2021-2022 | 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) 2022-01-05 - REFERRED TO AGRICULTURE [S00545 Detail]
Download: New_York-2021-S00545-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 545 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05908-01-1S. 545 2 1 considered to have been converted to a use other than for agricultural 2 production solely due to the conveyance of oil, gas, solar or wind 3 rights associated with that land. 4 § 3. Paragraph c of subdivision 2 of section 306 of the agriculture 5 and markets law, as amended by chapter 565 of the laws of 2003, is 6 amended to read as follows: 7 c. If such land or any portion thereof is converted by virtue of oil, 8 gas, solar or wind exploration, development, or extraction activity or 9 by virtue of a taking by eminent domain or other involuntary proceeding 10 other than a tax sale, the land or portion so converted shall not be 11 subject to payments. If land so converted constitutes only a portion of 12 a parcel described on the assessment roll, the assessor shall apportion 13 the assessment, and adjust the agricultural assessment attributable to 14 the portion of the parcel not subject to such conversion by subtracting 15 the proportionate part of the agricultural assessment attributable to 16 the portion so converted. Provided further that land outside an agricul- 17 tural district and eligible for an agricultural assessment pursuant to 18 this section shall not be considered to have been converted to a use 19 other than for agricultural production solely due to the conveyance of 20 oil, gas, solar or wind rights associated with that land. 21 § 4. This act shall take effect immediately.