STATE OF NEW YORK
________________________________________________________________________
9935
IN ASSEMBLY
April 28, 2016
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Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to allowing
agriculture districts to be converted to solar use without penalty
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 energy or wind energy, including access roads,
8 drilling apparatus, pumping facilities, pipelines, solar panels and wind
9 turbines.
10 § 2. Subparagraph (iv) of paragraph d of subdivision 1 of section 305
11 of the agriculture and markets law, as amended by chapter 565 of the
12 laws of 2003, is amended to read as follows:
13 (iv) If such land or any portion thereof is converted to a use other
14 than for agricultural production by virtue of oil, gas, solar or wind
15 exploration, development, or extraction activity or by virtue of a
16 taking by eminent domain or other involuntary proceeding other than a
17 tax sale, the land or portion so converted shall not be subject to
18 payments. If the land so converted constitutes only a portion of a
19 parcel described on the assessment roll, the assessor shall apportion
20 the assessment, and adjust the agricultural assessment attributable to
21 the portion of the parcel not subject to such conversion by subtracting
22 the proportionate part of the agricultural assessment attributable to
23 the portion so converted. Provided further that land within an agricul-
24 tural district and eligible for an agricultural assessment shall not be
25 considered to have been converted to a use other than for agricultural
26 production solely due to the conveyance of oil, gas, solar or wind
27 rights associated with that land.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14767-01-6
A. 9935 2
1 § 3. Paragraph c of subdivision 2 of section 306 of the agriculture
2 and markets law, as amended by chapter 565 of the laws of 2003, is
3 amended to read as follows:
4 c. If such land or any portion thereof is converted by virtue of oil,
5 gas, solar or wind exploration, development, or extraction activity or
6 by virtue of a taking by eminent domain or other involuntary proceeding
7 other than a tax sale, the land or portion so converted shall not be
8 subject to payments. If land so converted constitutes only a portion of
9 a parcel described on the assessment roll, the assessor shall apportion
10 the assessment, and adjust the agricultural assessment attributable to
11 the portion of the parcel not subject to such conversion by subtracting
12 the proportionate part of the agricultural assessment attributable to
13 the portion so converted. Provided further that land outside an agricul-
14 tural district and eligible for an agricultural assessment pursuant to
15 this section shall not be considered to have been converted to a use
16 other than for agricultural production solely due to the conveyance of
17 oil, gas, solar or wind rights associated with that land.
18 § 4. This act shall take effect immediately.