New York 2025-2026 Regular Session

New York Senate Bill S09478

Introduced
3/17/26  
Refer
3/17/26  

Caption

Prohibits incentives for the siting or operation of commercial renewable energy systems in sensitive environmental areas.

Summary

This bill would restrict state support for certain commercial renewable energy projects, especially large solar installations, when they are proposed on land used for agricultural production or in specified sensitive environmental areas. It amends the Agriculture and Markets Law, Public Service Law, and Real Property Tax Law to bar certain forms of financial, technical, tax, and clean-energy incentive support for those projects. The bill carves out exceptions for agrivoltaic systems and systems designed primarily to provide on-site electricity. The bill also creates statutory definitions for “agrivoltaics” and “agricultural products and activities” in the Public Service Law. Under the new definition, agrivoltaics means integrated solar and agricultural use of the same land, with requirements that the project be designed with agricultural experts, continue agricultural production where feasible, include decommissioning protections, and not significantly displace farming. The agricultural activities definition includes crop production, animal husbandry, and livestock grazing, while excluding certain uses as sole farming activities, such as sheep grazing in most cases and pollinator habitats or apiaries. In practical terms, the bill would change how state agencies and local tax authorities treat renewable energy projects by denying agricultural program assistance, clean-energy credits, and property tax exemptions to commercial renewable energy systems located on farmland or in designated environmental protection areas. The affected locations include critical environmental areas, grassland bird conservation centers, bird conservation areas, and wildlife management areas. The measure is aimed at limiting solar development in places viewed as important for farming or ecological conservation. The general sentiment reflected by the bill text is protective of farmland and sensitive habitats, while still allowing a narrower category of dual-use solar projects. Because there are no committee transcripts or recorded votes provided, there is no direct evidence here of support or opposition from legislators, stakeholders, or the public. The structure of the bill suggests an attempt to balance renewable energy development with agricultural preservation and environmental conservation. The main point of contention likely concerns whether the bill unduly limits renewable energy siting and incentives, particularly for solar developers seeking farmland locations, versus whether it appropriately safeguards productive agricultural land and ecologically sensitive areas. Another likely issue is the bill’s distinction between commercial solar farms and agrivoltaics, which may raise questions about how strictly the new definitions would be applied in practice and whether some projects could qualify for exceptions.

Impact

The bill would amend the Agriculture and Markets Law, Public Service Law, and Real Property Tax Law to prohibit state agricultural assistance, zero-emission credits, and property tax exemptions for commercial renewable energy systems sited on farmland or in designated sensitive environmental areas, subject to exceptions for agrivoltaics and on-site electricity systems. It would also add statutory definitions for agrivoltaics and agricultural products and activities, thereby shaping future eligibility determinations for renewable energy incentives and land-use-related state programs.

Sentiment

The bill appears generally favorable toward farmland preservation and environmental protection, while remaining supportive of limited dual-use solar development through agrivoltaics and on-site generation exceptions. No committee discussion or vote data were provided, so there is no recorded legislative sentiment beyond the bill’s text and stated purpose.

Contention

The likely controversy is between renewable energy developers and agricultural/environmental संरक्षण interests. Opponents may argue the bill restricts solar siting and removes incentives needed for project viability, especially on rural land, while supporters are likely to argue that farmland and sensitive habitats should not be converted to commercial solar use. A secondary point of contention is the scope and enforceability of the agrivoltaics exception, including what counts as integrated agricultural production and whether certain grazing or habitat uses should qualify.

Companion Bills

NY A10075

Same As Prohibits incentives for the siting or operation of commercial renewable energy systems in sensitive environmental areas

Previously Filed As

NY A10075

Prohibits incentives for the siting or operation of commercial renewable energy systems in sensitive environmental areas.

NY A04107

Provides small businesses with grants of up to $100,000 to commercialize energy and environmental technology innovations and ideas in-state to stimulate economic development.

NY A10483

Authorizes the department of environmental conservation to enter into agreements or easements for the sole purpose of interconnection of renewable energy installations across reforestation areas where such installations are located outside such reforestation areas; provides that such agreements or easements shall not interfere with the operation of such reforestation areas for the purposes for which they were acquired.

NY A08378

Relates to qualified energy storage systems; authorizes energy storage permitting under the office of renewable energy siting and electric transmission.

NY S08712

Requires the office of renewable energy siting and electric transmission to establish and/or amend rules and regulations pertaining to standards related to the siting, design, construction and operation of major renewable energy facilities; requires such rules and regulations to include information relating to certain definitions, preapplication procedures, application procedures, farmland conservation fees, and farmland protection; provides for the repeal of such provisions upon expiration thereof.

NY S04408

Authorizes the department of environmental conservation to enter into agreements or easements for the sole purpose of interconnection of renewable energy installations across reforestation areas where such installations are located outside such reforestation areas; provides that such agreements or easements shall not interfere with the operation of such reforestation areas for the purposes for which they were acquired.

NY A10519

Requires the office of renewable energy siting and electric transmission to establish and/or amend rules and regulations pertaining to standards related to the siting, design, construction and operation of major renewable energy facilities; requires such rules and regulations to include information relating to certain definitions, preapplication procedures, application procedures, farmland conservation fees, and farmland protection; provides for the repeal of such provisions upon expiration thereof.

NY S09895

Repeals the major renewable energy development program, including the office of renewable energy siting and electric transmission; and amends various provisions of law relating thereto.

NY S07898

Requires certain construction project contracts with a value of greater than or equal to five million dollars to include siting of renewable energy systems, qualified energy storage systems, or major electric transmission facilities.

NY A11237

Requires certain construction project contracts with a value of greater than or equal to five million dollars to include siting of renewable energy systems, qualified energy storage systems, or major electric transmission facilities.

Similar Bills

HI SB2887

Relating To Agriculture.

HI HB2017

Relating To Agriculture.

HI HB966

Relating To Agricultural Tourism.

HI HB966

Relating To Agricultural Tourism.

HI HB498

Relating To Agricultural Crimes.

HI HB498

Relating To Agricultural Crimes.

NJ S1702

Bans foreign ownership of agricultural or horticultural land and agricultural woodlands in State.

NJ A169

Bans foreign ownership of agricultural or horticultural land and agricultural woodlands in State.