S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8889
 
                             I N  S E N A T E
 
                              April 27, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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.
 SUCH  FUNDS WILL BE DEPOSITED IN THE AGRICULTURAL AND FARMLAND VIABILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14036-05-2
 S. 8889                             2
 
 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.