Three federal agencies and country music artist John Rich have jointly criticized New York Governor Kathy Hochul's administration for its aggressive promotion of large-scale solar energy projects on prime agricultural land. In a co-signed letter, officials from the U.S. Department of Agriculture (USDA), the Environmental Protection Agency (EPA), and the Small Business Administration (SBA) expressed concerns about the state's pace of approving these projects and the potential long-term costs to rural communities and small businesses.
Lee Zeldin, EPA Chief, described the state's actions as "on-brand elitism" and "big government overreach," stating that New York politicians are overriding local control and forcing communities to bear the burden of these solar farms. The letter specifically questions the state's "rush" to approve projects without fully accounting for their impacts. The SBA, represented by Administrator Kelly Loeffler, voiced alarm over "regulatory arbitrage" against small farmers, arguing that the state's policies favor large solar developers over the approximately 2.5 million small businesses in New York that employ nearly half the state's population.
The push for solar development is part of New York's 2019 Climate Leadership and Community Protection Act, which mandates that 70% of the state's electricity come from renewable sources by a certain deadline and aims to reduce greenhouse gas emissions. According to an analysis by the Solar Energy Industries Association, New York has already converted an estimated 11,000 acres of USDA-certified prime farmland for industrial-scale solar complexes.
A point of contention is New York's departure from the federal USDA soil ranking system. In 2020, the state's energy authority, NYSERDA, began using its own metric, "Mineral Soil Groups (MSG) 1-4," in place of the federal "Prime Farmland" classification for renewable energy incentive programs. Critics argue this allows New York to set its own rules for development on high-yield farmland, potentially lowering taxes and penalties for developers. The letter highlighted the Mill Point Solar complex in Montgomery County, where USDA's classification identified over 82% of the land as prime farmland, compared to only 11% under New York's MSG system.
John Rich, appointed Special Envoy for American Landowners by the Trump administration, joined the criticism, aiming to advocate for farmers and landowners affected by renewable energy projects. He and other critics argue that prioritizing solar farms over prime farmland is a mistake, especially as the U.S. has become a net importer of food. Robert Bryce, an energy industry insider and author, emphasized that while there are multiple ways to produce electricity, there is only one way to grow food, underscoring the importance of preserving prime agricultural land.
Concerns also extend to the environmental impact and disposal of solar panels. Industrial solar panels have a lifespan of about 15 years and contain toxic metals. Experts warn of a looming solid waste disposal crisis, as there is currently limited recycling infrastructure for discarded panels.
In contrast to its solar farm policy, Governor Hochul recently announced a moratorium of up to one year on the construction of new data centers that consume significant amounts of electricity. This move applies to facilities using more than 50 megawatts of power, a threshold roughly equivalent to powering 40,000 homes. Data centers typically occupy much smaller footprints, ranging from 15 to 40 acres, compared to the thousands of acres used for some solar installations.
A spokesperson for Governor Hochul defended the state's actions, stating that New York is a national leader in agricultural land protection and has invested significantly in its Farmland Protection Program. The spokesperson added that energy project development occurs only on land willingly leased by landowners and that the state maintains robust environmental and agricultural protections. The governor's office has yet to formally respond to the federal agencies' letter, which set a July 26 deadline for a reply.