New York A 11407: Provides that priority shall be given to certain sites when developing renewable energy generating projects

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A11407 Summary:

BILL NOA11407 

&nbsp

SAME ASSAME AS S07899-A

&nbsp

SPONSORSantabarbara

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§1901 & 1902, Pub Auth L

&nbsp

Provides that priority shall be given to certain sites when developing renewable energy generating projects; defines "agrivoltaics".

Go to top A11407 Actions:

BILL NOA11407 

&nbsp

05/15/2026referred to energy

Go to topA11407 Committee&nbspVotes:

Go to topA11407 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11407 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 11407

 IN ASSEMBLY

 May 15, 2026
 ___________

 Introduced by M. of A. SANTABARBARA -- read once and referred to the
 Committee on Energy

 AN ACT to amend the public authorities law, in relation to giving prior-
 ity to certain sites when developing renewable energy generating
 projects and to the definition of agrivoltaics

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

 1 Section 1. Section 1901 of the public authorities law is amended by
 2 adding two new subdivisions 10 and 11 to read as follows:
 3 10. "Agrivoltaics" shall mean the simultaneous use of areas of land
 4 for both solar power generation and agriculture through a ground-mounted
 5 photovoltaic solar energy system constructed, installed, and operated to
 6 achieve integrated and simultaneous production of both solar energy and
 7 marketable agricultural products and activities by an agricultural
 8 producer, provided that such use:
 9 (a) is constructed, installed, and operated to achieve integrated and
 10 simultaneous production of both solar energy and marketable agricultural
 11 products consistent with commercial agricultural production, as soon as
 12 agronomically feasible and continuing until decommissioning, on land
 13 beneath or between rows of solar panels;
 14 (b) has been intentionally planned and designed with agricultural
 15 producers or experts;
 16 (c) has provisions for decommissioning to protect the land's agricul-
 17 tural resources and utility; and
 18 (d) does not significantly displace farming activity.
 19 11. "Agricultural products and activities" shall include: (a) crop
 20 production; (b) animal husbandry; and (c) livestock grazing or cattle
 21 grazing; provided, however, that agricultural products and activities
 22 shall not include sheep grazing as the sole farming activity except
 23 where the land utilized is currently utilized exclusively for such
 24 purpose; and provided further, however, that agricultural products and
 25 activities shall not include pollinator habitats, apiaries, or both as
 26 the sole farming activities.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11834-04-6

 A. 11407 2

 1 § 2. Paragraph (b) of subdivision 1 of section 1902 of the public
 2 authorities law, as amended by section 2 of part M of chapter 58 of the
 3 laws of 2024, is amended to read as follows:
 4 (b) (i) In making such assessment the authority shall give priority to
 5 previously developed sites, existing or abandoned commercial sites,
 6 including without limitation brownfields, landfills, former commercial
 7 or industrial sites, dormant electric generating sites, parking lots as
 8 defined in section one hundred twenty-nine-b of the vehicle and traffic
 9 law, warehouse distribution centers as defined in section seven hundred
 10 eighty of the labor law, correctional facilities as defined in article
 11 one of the corrections law, retail establishments of greater than twen-
 12 ty-five thousand square feet, roadside rest areas pursuant to section
 13 twenty of the highway law, or otherwise underutilized sites; and
 14 (ii) the authority may establish a renewable energy generation project
 15 in furtherance of an [agrivolatic] agrivoltaics project, [where "agri-
 16 voltaic project" shall mean the simultaneous use of areas of land for
 17 both solar power generation and agriculture, specific to the practice of
 18 such dual-use solar energy project,] where any of the previously devel-
 19 oped sites listed in subparagraph (i) of this paragraph is reclaimed as
 20 farmland.
 21 § 3. This act shall take effect immedi