Bill > S05628

This bill establishes a new tax credit for farmers who integrate solar power generation with agricultural production, a practice known as "agrivoltaics". The bill defines an eligible farmer as someone who manages a farm operation within a qualified agrivoltaic facility and uses at least two-thirds of the facility's land for agricultural production. A qualified agrivoltaic facility must be pre-qualified by the New York State Energy Research and Development Authority, have a capacity of no more than 10,000 kilowatts, and be designed so that at least 80% of the land can be used for agricultural purposes. The tax credit is calculated based on the electricity produced, with a base rate of one cent per kilowatt-hour, and is adjusted by an agricultural use factor that varies depending on the type of agricultural activity (e.g., higher rates for annual crop production versus sheep grazing). The credit can be claimed for taxable years beginning January 1, 2026, and can be carried forward for 15 years or potentially refunded. Additionally, the bill ensures that the presence of agrivoltaic installations will not impact the land's agricultural assessment, supporting farmers' ability to maintain their agricultural tax status while generating solar energy. The credit aims to incentivize farmers to adopt solar energy production without compromising their agricultural operations.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/S5628