When most people outside of New York think of our great state, they think of large urban landscapes and crowds of people. However, all of us who reside in the Hudson Valley, while embracing the wonder and diversity of New York City, are lucky enough to live among and experience a part of the great and rich agricultural history of New York State. New York is ranked first in the nation for yogurt production, second for apples, maple syrup, cabbage, and snap beans and the third for grape juice and wine. Agribusinesses themselves provide 100,000 plus food manufacturing jobs, with 6.5 million acres of land currently farmed in New York State according to the (New York State Empire State Development). https://esd.ny.gov/industries/agribusiness
In addition, over the last several years with the help of our Governor’s Office and the NYS legislature “Agritourism” businesses as which began with pick your own produce, hayrides, petting zoos, educational tours, and workshops recently expanding to farm wineries, breweries, distilleries, barn wedding venues and even upscale lodging facilities where people can stay for a time to experience and participate in the farm experience have been developed throughout our state. These efforts have helped farmers, especially smaller non-factory farm operations, supplement their income and allowed future generations to attempt to compete and continue farming in New York.
It now appears that there is a new kid on the block, when it comes to supporting and enhancing agricultural businesses “AGRIVOLTAICS” “A new and emerging combination of technologies that enhances climate resilience and allow sustainable food and energy production” as described by New York State Energy Research and Development Authority (NYSERDA) https://www.nyserda.ny.gov/. In essence agrivoltaics provides dual use of larger communities or even industrial scale solar facility to be located in a manner that facilitates agricultural activities such as, farm crop production, livestock grazing, and pollinator habitat in and around the solar field.
There is significant research that demonstrates that the existence of solar panels around and above crop fields can shade and cool the crops resulting in lesser rates of evaporation, decreased irrigation water and reduced stress to the crops. This allows the crops to grow under drought stress, decreases water use and facilitating photosynthesis resulting in longer and more efficient crop growth.
In addition, the solar panels themselves can also benefit from co-location, since the evaporation of water from the crops creates localized cooling, which reduces overheating and can boost solar panel performance. (see https://esa.org/blog/2019/07/29/solar-panels-cast-shade-on-agriculture-in-a-good-way/) There are similar benefits associated with solar grazing and pollinators.
Agrivoltaics projects in New York State are a win-win proposition that assist the state in meeting its goals to reduce dependence on fossil fuels by generating electricity through solar panels while preserving agricultural land, providing additional revenue to farm owner/landowners and job creation while providing opportunities for further study on enhancing crop production in our region.
To support agrivoltaics projects it is important for:
1. Local municipalities to review their existing zoning laws regarding solar to tweak and amend the laws to accommodate the additional requirements Agrivoltaics projects. Some of these revisions will allow for increased overall height of the solar raised to allow panels to tract the sun and be placed in 180 degree positions when necessary to maintain or harvest crops under the panel; increase the areas allowed to be occupied by solar rays to allow for larger aisles between the arrays to allow farm equipment access and maintain the farmed area: relax restrictions prohibiting location of solar facilities on agricultural soils, so long as the facility is a dual use agrivoltaics solar facility and any other necessary tweaks to accommodate solar;
2. Preserve federal incentives for solar development that provides farming families the choice to utilize a portion of their property for agrivoltaics; and
3. Continue to support the efforts of NYS and NYSERDA to fund research on the benefits of Agrivoltaics.
The good news is the first agrivoltaics solar facilities in the Hudson Valley are currently under construction, with at least 1 facility scheduled to be fully operational, with hay crop proposed to be harvested by summer 2026. It is up to us to make our voices heard and demand our local, county, state, and federal governments continue to support agrivoltaics and the benefits it provides.
This article, written by John Cappello, Esq., was seen in the Sullivan County Partnership’s In The Know Magazine.
This is not to be considered legal advice. Please speak with an attorney regarding your specific situation.
John Cappello is a Partner at J&G Law concentrating in land use, municipal, and environmental law.He can be reached at 845-764-9656 or by email.