NY State Assembly Bill 2021-A9328A

Assembly Bill A9328A

2021-2022 Legislative Session

Requires certain funds received by the New York state energy research and development authority that are related to renewables development on agricultural lands to be used for farmland protection programs

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2022	returned to assembly passed senate 3rd reading cal.1905 substituted for s8889a
Jun 01, 2022	recommitted to finance returned to senate repassed assembly
May 25, 2022	amended on third reading (t) 9328b
May 25, 2022	vote reconsidered - restored to third reading returned to assembly recalled from senate
May 11, 2022	referred to finance delivered to senate passed assembly
May 10, 2022	ordered to third reading rules cal.139 rules report cal.139 reported
May 09, 2022	reported referred to rules
Apr 25, 2022	reported referred to ways and means
Apr 20, 2022	print number 9328a
Apr 20, 2022	amend and recommit to energy
Feb 23, 2022	referred to energy

Votes

- Jun 2, 2022 - Floor Vote
  A9328A
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik

Bill Amendments

Original

B (Active)

2021-A9328 - Details

Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L; add §99-pp, St Fin L

2021-A9328 - Summary

Requires certain funds received by the New York state energy research and development authority that are related to renewables development on viable agricultural lands to be used for farmland protection programs; establishes the agricultural and farmland viability protection fund.

2021-A9328 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9328
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the  executive  law,  in  relation  to  requiring  funds
   received pursuant to mitigation payment requirements in furtherance of
   the  major renewable energy  development  program to be used for farm-
   land protection programs

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  94-c of the executive law is amended by adding a
 new subdivision 9 to read as follows:
   9. DISBURSEMENT OF MITIGATION PAYMENTS. THE OFFICE  SHALL  DIRECT  ANY
 FUNDS  RECEIVED  PURSUANT TO MITIGATION PAYMENT REQUIREMENTS ESTABLISHED
 IN FURTHERANCE OF THE PURPOSES OF THIS SECTION TO BE USED  FOR  FARMLAND
 PROTECTION  PROGRAMS PURSUANT TO ARTICLE TWENTY-FIVE-AAA OF THE AGRICUL-
 TURE AND MARKETS LAW.
   § 2. This act shall take effect immediately; provided that the  amend-
 ments  to  section 94-c of the executive law made by section one of this
 act shall not affect the repeal of such  section  and  shall  be  deemed
 repealed therewith.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14036-02-1

2021-A9328A - Details

Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L; add §99-pp, St Fin L

2021-A9328A - Summary

2021-A9328A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9328--A
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Energy -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the executive law and the state finance law, in relation
   to requiring funds received pursuant to  mitigation  payment  require-
   ments in furtherance of the major renewable energy development program
   to be used for farmland protection programs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 3 of section 94-c of the exec-
 utive law, as added by section 4 of part JJJ of chapter 58 of  the  laws
 of 2020, is amended to read as follows:
   (e)  (I)  To  the extent that environmental impacts are not completely
 addressed by uniform standards and conditions and  site-specific  permit
 conditions  proposed by the office, and the office determines that miti-
 gation of such impacts may  be  achieved  by  off-site  mitigation,  the
 office  may  require  payment  of a fee by the applicant to achieve such
 off-site mitigation. If the office determines, in consultation with  the
 department  of environmental conservation, that mitigation of impacts to
 endangered or threatened species that achieves a net conservation  bene-
 fit  can  be  achieved by off-site mitigation, the amount to be paid for
 such off-site mitigation shall be set forth in the final siting  permit.
 The  office  may  require  payment of funds sufficient to implement such
 off-site mitigation into the endangered  and  threatened  species  miti-
 gation  BANK  fund established pursuant to section ninety-nine-hh of the
 state finance law.
   (II) TO THE EXTENT A PERMIT TO DEVELOP A MAJOR RENEWABLE ENERGY FACIL-
 ITY INVOLVES SITING SUCH A  FACILITY  ON  VIABLE  AGRICULTURAL  LAND  AS
 DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW,
 THE  OFFICE,  IN  CONSULTATION  WITH  THE  DEPARTMENT OF AGRICULTURE AND
 MARKETS, SHALL REQUIRE THE PAYMENT OF A FEE BY THE APPLICANT TO BE  USED
 FOR  FARMLAND PROTECTION CONSERVATION EASEMENTS AND PURCHASE OF DEVELOP-
 MENT RIGHTS AS PART OF THE STATE FARMLAND PROTECTION PROGRAM ESTABLISHED
 PURSUANT TO ARTICLE TWENTY-FIVE-AAA OF THE AGRICULTURE AND MARKETS  LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14036-04-2
 A. 9328--A                          2
 
 SUCH  FUNDS WILL BE DEPOSITED IN THE AGRICULTURAL AND FARMLAND VIABILITY
 PROTECTION FUND PURSUANT TO SECTION NINETY-NINE-PP OF THE STATE  FINANCE
 LAW.
   § 2. The state finance law is amended by adding a new section 99-pp to
 read as follows:
   §  99-PP.  AGRICULTURAL  AND  FARMLAND VIABILITY PROTECTION FUND.   1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER  AND
 THE  COMMISSIONER  OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS
 THE "AGRICULTURAL AND FARMLAND VIABILITY PROTECTION FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
 PROVISIONS  OF  PARAGRAPH  (E) OF SECTION NINETY-FOUR-C OF THE EXECUTIVE
 LAW AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  ALL  MONEYS  DEPOSITED  IN THE AGRICULTURAL AND FARMLAND VIABILITY
 PROTECTION  FUND  SHALL  BE  AVAILABLE  FOR  AGRICULTURAL  AND  FARMLAND
 PROTECTION  ACTIVITIES  PURSUANT TO ARTICLE TWENTY-FIVE-AAA OF THE AGRI-
 CULTURE AND MARKETS LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF AGRICULTURE AND MARKETS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall apply to all permit applications issued on
 and after such date; provided that the amendments to section 94-c of the
 executive law made by section one of  this  act  shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith.

2021-A9328B (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L; add §99-pp, St Fin L

2021-A9328B (ACTIVE) - Summary

2021-A9328B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9328--B
                                                            R. R. 139
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Energy -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee -- reported and  referred
   to  the  Committee  on  Ways and Means -- reported and referred to the
   Committee on Rules -- advanced to a third reading, passed by  Assembly
   and  delivered to the Senate, recalled from the Senate, vote reconsid-
   ered, bill amended, ordered reprinted,  retaining  its  place  on  the
   order of third reading
 
 AN ACT to amend the public authorities law and the state finance law, in
   relation  to  requiring  certain  funds received by the New York state
   energy research and development authority that are related to  renewa-
   bles  development on viable agricultural lands to be used for farmland
   protection programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of subdivision 1 of section 1859 of
 the public authorities law is designated paragraph (a) and a  new  para-
 graph (b) is added to read as follows:
   (B) ALL FUNDS COLLECTED BY THE AUTHORITY AS A REQUIREMENT OF CONTRACTS
 FOR THE PROCUREMENT OF RENEWABLE ENERGY CERTIFICATES THAT ARE RELATED TO
 RENEWABLES  DEVELOPMENT  ON  VIABLE  AGRICULTURAL  LANDS,  AS DEFINED IN
 SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW,  SHALL  BE
 DEPOSITED  IN  THE  AGRICULTURAL  AND FARMLAND VIABILITY PROTECTION FUND
 PURSUANT TO SECTION NINETY-NINE-PP OF THE STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 99-pp to
 read as follows:
   § 99-PP. AGRICULTURAL AND FARMLAND  VIABILITY  PROTECTION  FUND.    1.
 THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND
 THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE  KNOWN  AS
 THE "AGRICULTURAL AND FARMLAND VIABILITY PROTECTION FUND".
   2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
 PROVISIONS OF PARAGRAPH (B)  OF  SUBDIVISION  ONE  OF  SECTION  EIGHTEEN
 HUNDRED  FIFTY-NINE  OF  THE PUBLIC AUTHORITIES LAW AND ALL OTHER MONEYS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14036-08-2
 A. 9328--B                          2
 
 APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR
 SOURCE PURSUANT TO LAW.
   3.  ALL  MONEYS  DEPOSITED  IN THE AGRICULTURAL AND FARMLAND VIABILITY
 PROTECTION  FUND  SHALL  BE  AVAILABLE  FOR  AGRICULTURAL  AND  FARMLAND
 PROTECTION  ACTIVITIES  PURSUANT TO ARTICLE TWENTY-FIVE-AAA OF THE AGRI-
 CULTURE AND MARKETS LAW.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF AGRICULTURE AND MARKETS.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law and shall apply to all contracts issued on and after
 such date.

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