S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    35
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 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:
 
   Section 1. Subdivision 5 of section 301 of the agriculture and markets
 law, as amended by chapter 565 of the laws of 2003, is amended  to  read
 as follows:
   5.  "Oil,  gas,  SOLAR  or wind exploration, development or extraction
 activities" means the installation and use  of  fixtures  and  equipment
 which  are  necessary  for the exploration, development or extraction of
 oil, natural gas, SOLAR ENERGY or wind energy, including  access  roads,
 drilling apparatus, pumping facilities, pipelines, SOLAR PANELS and wind
 turbines.
   §  2. Subparagraph (iv) of paragraph d of subdivision 1 of section 305
 of the agriculture and markets law, as amended by  chapter  565  of  the
 laws of 2003, is amended to read as follows:
   (iv)  If  such land or any portion thereof is converted to a use other
 than for agricultural production by virtue of oil, gas,  SOLAR  or  wind
 exploration,  development,  or  extraction  activity  or  by virtue of a
 taking by eminent domain or other involuntary proceeding  other  than  a
 tax  sale,  the  land  or  portion  so converted shall not be subject to
 payments. If the land so converted  constitutes  only  a  portion  of  a
 parcel  described  on  the assessment roll, the assessor shall apportion
 the assessment, and adjust the agricultural assessment  attributable  to
 the  portion of the parcel not subject to such conversion by subtracting
 the proportionate part of the agricultural  assessment  attributable  to
 the  portion so converted. Provided further that land within an agricul-
 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.
                                                            LBD06312-01-7

 A. 35                               2
 
 considered  to  have been converted to a use other than for agricultural
 production solely due to the conveyance  of  oil,  gas,  SOLAR  or  wind
 rights associated with that land.
   §  3.  Paragraph  c of subdivision 2 of section 306 of the agriculture
 and markets law, as amended by chapter 565  of  the  laws  of  2003,  is
 amended to read as follows:
   c.  If such land or any portion thereof is converted by virtue of oil,
 gas, SOLAR or wind exploration, development, or extraction  activity  or
 by  virtue of a taking by eminent domain or other involuntary proceeding
 other than a tax sale, the land or portion so  converted  shall  not  be
 subject  to payments. If land so converted constitutes only a portion of
 a parcel described on the assessment roll, the assessor shall  apportion
 the  assessment,  and adjust the agricultural assessment attributable to
 the portion of the parcel not subject to such conversion by  subtracting
 the  proportionate  part  of the agricultural assessment attributable to
 the portion so converted. Provided further that land outside an agricul-
 tural district and eligible for an agricultural assessment  pursuant  to
 this  section  shall  not  be considered to have been converted to a use
 other than for agricultural production solely due to the  conveyance  of
 oil, gas, SOLAR or wind rights associated with that land.
   § 4. This act shall take effect immediately.