R.I. Gen. Laws § 44-27-10.1 — Land withdrawn from classification for commercial renewable-energy production — Effect on obligation and the land use change tax

(a) Farmlands classified in the farm, forest, or open-space program in this chapter shall
not be subject to a land use change tax if the landowner converts no more than twenty
percent (20%) of the total acreage of land that is actively devoted to agricultural
or horticultural use to install a renewable energy system. Any acreage used for a
renewable energy system that is designated for dual use under subsection (c) of this
section shall not be included in the calculation of the twenty percent (20%) restriction.
For purposes of this section, land that is actively devoted to agricultural or horticultural
use shall be defined by rules and regulations established by the department of environmental
management in consultation with the office of energy resources and shall include,
at a minimum, any land that is actively devoted to agricultural or horticultural use
that was previously used to install a renewable energy system. Those rules shall also
define renewable energy system to include, at a minimum, any buffers, access roads,
and other supporting infrastructure associated with the generation of renewable energy.
(b) The tax assessor shall only withdraw from farmland classification the actual acreage
of the farmland used for a renewable energy system that is not concurrently used as
farmland. The rest of the farmland shall remain eligible as long as it still meets
the program qualification criteria. This reclassification of farmlands shall not be
considered an exception to the tax treatment for renewable energy systems prescribed
by § 44-5-3(c) and reclassified farmland shall only be reclassified, revalued, and taxed to the
classification and tax that predated the farmland classification.
(c) The dual purpose designation for installing a renewable energy system and utilizing
the land below and surrounding the system for agriculture purposes, shall be determined
pursuant to rules and regulations that will be established by the department of environmental
management in consultation with the office of energy resources. The regulations shall
be adopted no later than December 30, 2017.