New York S 9478: Prohibits incentives for the siting or operation of commercial renewable energy systems in sensitive environmental areas

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S09478 Summary:

BILL NOS09478 

&nbsp

SAME ASSAME AS A10075-A

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SPONSORHINCHEY

&nbsp

COSPNSRBORRELLO, FAHY, GONZALEZ, RYAN C, SALAZAR, WEBB

&nbsp

MLTSPNSR

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Amd §§151 & 323, Ag & Mkts L; amd §§2 & 66-p, Pub Serv L; amd §487, RPT L

&nbsp

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

Go to top S09478 Actions:

BILL NOS09478 

&nbsp

03/17/2026REFERRED TO AGRICULTURE

05/07/2026REPORTED AND COMMITTED TO ENERGY AND TELECOMMUNICATIONS

Go to topS09478 Committee&nbspVotes:

Go to topS09478 Floor&nbspVotes:

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

Go to topS09478 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9478

 IN SENATE

 March 17, 2026
 ___________

 Introduced by Sen. HINCHEY -- 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, the public service law
 and the real property tax law, in relation to prohibiting incentives
 for the siting or operation of commercial renewable energy systems in
 sensitive environmental areas

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

 1 Section 1. Section 151 of the agriculture and markets law, as amended
 2 by chapter 375 of the laws of 2008, is amended to read as follows:
 3 § 151. Agricultural environmental management program. There is hereby
 4 established within the department an agricultural environmental manage-
 5 ment program to assist farmers in maintaining the economic viability of
 6 their farm operations while addressing environmental impacts from those
 7 operations, including, but not limited to, soil, air and water pollution
 8 and greenhouse gas emissions. The program may also include assistance to
 9 farmers for the development of agriculturally-derived renewable energy
 10 sources. The program may consist of planner certification to qualify
 11 persons to prepare AEM plans; technical assistance to farmers partic-
 12 ipating in the program; financial assistance, within funds available, to
 13 soil and water conservation districts and farmers to prepare and imple-
 14 ment plans; other incentives for program participation; and evaluation
 15 of program procedures and projects to assess effectiveness. No such
 16 assistance shall be provided for the siting or operation of commercial
 17 renewable energy systems, such as solar farms, on land used in agricul-
 18 tural production, but may be provided for agrivoltaic energy systems, as
 19 defined by section two of the public service law, or renewable energy
 20 systems designed primarily to provide on-site electricity.
 21 § 2. The opening paragraph of section 323 of the agriculture and
 22 markets law, as amended by chapter 150 of the laws of 2013, is amended
 23 to read as follows:
 24 The commissioner shall initiate and maintain a state agricultural and
 25 farmland protection program to provide financial and technical assist-
 26 ance, within funds available, to counties, municipalities, soil and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14589-03-6

 S. 9478 2

 1 water conservation districts, and not-for-profit conservation organiza-
 2 tions for their agricultural and farmland protection efforts. No such
 3 financial or technical assistance shall be provided for any commercial
 4 project siting or proposing to site renewable energy systems on land
 5 used in agricultural production, other than for an agrivoltaics energy
 6 systems as defined in section two the public service law or a project
 7 that primarily provides electricity for on-site use. Activities to be
 8 conducted by the commissioner shall include, but not be limited to:
 9 § 3. Section 66-p of the public service law is amended by adding a new
 10 subdivision 9 to read as follows:
 11 9. Notwithstanding any other provision of law to the contrary, no zero
 12 emission credits or other incentives shall be granted to a commercial
 13 renewable energy system sited or proposed to be sited:
 14 (a) on land used in agricultural production, as defined in section
 15 three hundred one of the ag