Senators debate agrivoltaics pilot bill, urge stronger Agriculture and Markets role in approvals

A bill to establish an agrivoltaics viability pilot program in New York was referred to the Senate Finance Committee after members of the Senate Committee on Agriculture and Food raised concerns about who would have final authority over approvals.

The bill (listed in the committee as “Senate 62868 by Senator Hinge”) would amend the Public Authorities Law to create a pilot program for agrivoltaics, a dual-use solar approach that pairs photovoltaic installations with agricultural activity. Committee members voted to refer the bill to finance after discussion and assurances from the sponsor that definitions in the bill aim to protect farmland.

Why it matters: Senators said the bill’s structure could shift oversight and final decision-making to the New York State Energy Research and Development Authority (NYSERDA), potentially prioritizing renewable-energy deployment goals over farmland protection. Members pressed for stronger leadership from the Department of Agriculture and Markets to ensure agricultural interests and prime soils are preserved.

Committee discussion focused on the bill’s allocation of authority and its definition of acceptable agricultural uses under agrivoltaics. “The apron in this seems to shift more of the, I guess, oversight and ultimate decision making to NYSERDA as opposed to AG and markets, you know, under the farm viability grama. And that's a concern,” said Senator Barlow. Barlow and other members warned that existing incentives and siting programs have led developers to target prime farmland because it is cheaper and easier to build on.

The bill sponsor defended the measure and emphasized the centrality of the bill’s definition of agrivoltaics. “The whole point of this bill is to protect farmland. I think the the main part of this bill is the definition, which we've amended and we worked really closely with AFT, to make sure that it was pretty prescriptive,” said Senator Hinge. The sponsor said the definition is intended to close a perceived loophole in which developers count minimal agricultural uses — for example, grazing sheep or apiaries — as sufficient agricultural activity to justify large-scale solar development on cropland.

Senator Fahey said the bill’s text appears to position NYSERDA as the lead agency, with Ag and Markets in a consultative role. “Ag and Markets doesn't have final authority. And Ag and Markets is just 1 of several agencies who NYSERDA will work in conjunction with,” Fahey said, adding that the bill names the Department of Agriculture and Markets, the Public Service Commission and the Department of Environmental Conservation as consultative agencies.

Committee members asked the sponsor to refine language to strengthen the Department of Agriculture and Markets' role. The sponsor replied that the definition is the critical tool for determining what developments qualify as agrivoltaics and said she would revisit the language and consult further with the agencies involved: “Happy to look at it again … we'll go back and talk with them again.”

Formal action: Senator Webb moved the bill be referred to the Finance Committee; Senator Brooke seconded the motion. The committee chair called the question; the motion carried and the bill was referred to finance. The record shows two entries noted as “without rec” during the vote; the transcript does not provide a roll-call tally of yes/no votes.

What was not decided: The committee did not adopt any amendments on the floor and did not set specific statutory language changes; members requested follow-up drafting to clarify agency roles and the bill’s definition of agrivoltaics.

Next steps: The measure will proceed to the Senate Finance Committee. Committee members said they expect additional drafting and interagency consultation before further floor action.