NY State Senate Bill 2021-S6591

Senate Bill S6591

2021-2022 Legislative Session

Relates to the major renewable energy development program; establishes the significant farmland identification program

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Archive: Last Bill Status - In Senate Committee Finance Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
May 07, 2021	referred to finance

co-Sponsors

2021-S6591 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L; amd §16, Ag & Mkts L; add §89-j, St Fin L

2021-S6591 (ACTIVE) - Summary

Relates to the major renewable energy development program; establishes the significant farmland identification program; establishes the farmland and agricultural preservation fund; provides for the repeal of such provisions upon the expiration thereof.

2021-S6591 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6591

SPONSOR: JORDAN
 
TITLE OF BILL:

An act to amend the executive law, in relation to the major renewable
energy development program; to amend the agriculture and markets law, in
relation to establishing the significant farmland identification
program; to amend the state finance law, in relation to establishing the
farmland and agricultural preservation fund; and to provide for the
repeal of such provisions upon the expiration thereof

 
SUMMARY OF PROVISIONS:

Section 1 establishes the title of the bill as the "significant farmland
preservation act".

Section 2 sets forth the legislative intent.

Section 3 amends section 94-c of the executive law to create a defi-
nition within section 94-c for the term "significant farmland", which
means farmland identified under the significant farmland identification

program established by Section 6 of this bill.

Section 4 amends section 94-c of the executive law requires the office
of renewable energy siting (ORES) to create uniform standards and condi-
tions for renewable energy facilities with respect to mitigating the
impact on significant farmland. In developing these standards, it
requires ORES to hold four public hearings on these changes.  Addi-
tionally, Section 4 requires ORES to consider the site-specific impact
on significant farmland during the renewable facility permit applica-
tion. Should a project not completely address the impact on significant
farmland, Section 4 requires that ORES shall charge a fee on the appli-
cant which will be deposited into the farmland and agricultural preser-
vation fund established by Section 7 of this bill.

Section 5 amends section 94-c of the executive law by including local
laws regarding farmland protection within the scope of objections that
can be raised by a municipality with regard to the compliance of a
potential renewable facility with local laws and ordinances.

Section 6 creates a new subdivision 2-g under section 16 of the agricul-
ture and markets law, which establishes the significant farmland iden-
tification program. This program, administered by the commissioner of
agriculture and markets in consultation with American Farmland Trust,
will create a standard for "significant farmland" and will identify said
farmland throughout the state.

Section 7 creates a new section 89-j of the state finance law, estab-
lishing a "farmland and agricultural preservation fund". This fund,
which is established under the joint custody of the state comptroller
and commissioner of taxation and finance, is to be used for making
grants to organizations that take part in the preservation and further-
ance of farmland. The moneys from the application fee established under
Section 4 of this bill will be deposited into the fund, and the fund can
also receive donations or other allocations from the state as estab-
lished by law.

Section 8 sets forth the effective date.
 
JUSTIFICATION:

In most parts of New York State, ranging from Suffolk County to Niagara
County, farmland is a critical economic driver and the cornerstone of
local economies. Within these regions, it is often also the lasting
social legacy of many families. In some communities, farmland even
serves as a local resource for scenic viewsheds which provide for tour-
ism, as well as establishing the overall character of towns and
villages. Farmland, and especially significant farmland which can
produce yields over multiple years, is one of the truly great natural
resources of New York State, and it should be the public policy of the
State to protect them.

As established in Chapter 58 of the Laws of 2020, the renewable energy
siting process under section 94-c of the executive law provides abso-
lutely no consideration for "farmland preservation", including no oppor-
tunity for localities to express concerns that proposed renewable facil-
ities could be in violation of local farmland preservation ordinances.
The current law only provides for mitigation and avoidance of "environ-
mental impacts".

This legislation takes a holistic and balanced approach towards resolv-
ing the significant oversight created by the 94-c process. It creates a
program under the department of agriculture and markets to define and
identify significant farmland across New York. Critically, this bill
requires that mitigation and avoidance of significant farmland impacts
be considered at all stages of the siting process, and when it is not
possible, this legislation requires renewable energy developers to pay a
fee for the furtherance of farmland and agriculture across the State.
The bill also allows localities to include objections to proposed renew-
able energy siting based on any local law, and would additionally
require a series of hearings by the office of renewable energy siting to
develop new uniform standards and conditions for renewable energy siting
which include farmland protection provisions.

Current law does not respect the reality of the relationship between
climate and farming: agriculture is dependent on weather, and our
State's farmland is a key part of the environment. As a consequence,
many communities have had to face the tough and ultimately artificial
choice between renewable energy and farmland. This bill will restore
balance in the 94-c process by protecting our farmland, ensuring that
community voices are heard, and by ensuring that organizations which
protect and further the agricultural use of farmland throughout the
State receive proper funding.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
One hundred and eighty days after it shall have become law. This bill
will be repealed on the same date and the same manner as Part JJJ of
Chapter 58 of the Laws of 2020, which established the Section 94-c
renewable program.

2021-S6591 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6591
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 7, 2021
                                ___________
 
 Introduced by Sens. JORDAN, OBERACKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 AN  ACT  to  amend the executive law, in relation to the major renewable
   energy development program; to amend the agriculture and markets  law,
   in  relation  to  establishing the significant farmland identification
   program; to amend the state finance law, in relation  to  establishing
   the  farmland  and  agricultural preservation fund; and to provide for
   the repeal of such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act shall be known and may be cited as the "signif-
 icant farmland preservation act".
   § 2. Legislative intent. It is  the  intent  of  this  legislature  to
 support  and  maintain  significant farmland for future generations. The
 legislature recognizes that soil health and viability is a critical part
 not only of the environment and ecosystem, but  also  plays  a  critical
 role  in  the health of the economy. Significant farmland is the lasting
 legacy of major parts of New York state and has provided for the wellbe-
 ing and survival of generations of farmers. Those farmers, in turn, have
 provided for the state in numerous ways, not only economically, but with
 respect to providing food and sustenance for people in all parts of  the
 state  as  well as in other parts of our nation. It is incumbent on this
 legislature to preserve, to all extent possible, nationally  significant
 farmland  for  use  by future generations while simultaneously providing
 for protection against climate change, which poses a risk to significant
 farmland. The legislature hereby determines  that  the  public  interest
 require  that  renewable  energy  be  encouraged  to the greatest extent
 possible while simultaneously recognizing that significant farmland must
 be protected and preserved.
   § 3. Subdivision 2 of section 94-c of the executive law is amended  by
 adding a new paragraph (k) to read as follows:

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

                                                            LBD10468-02-1

 S. 6591                             2
 
   (K)    "SIGNIFICANT  FARMLAND"  SHALL  MEAN FARMLAND IDENTIFIED BY THE
 COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND  MARKETS  THROUGH  THE
 SIGNIFICANT  FARMLAND  IDENTIFICATION PROGRAM ESTABLISHED BY SUBDIVISION
 2-G OF SECTION SIXTEEN OF THE AGRICULTURE AND MARKETS LAW.
   §  4.  Subdivision 3 of section 94-c of the executive law, as added by
 section 4 of part JJJ of chapter 58 of the laws of 2020,  paragraph  (i)
 as  amended  by section 2 of part BBB of chapter 55 of the laws of 2021,
 is amended to read as follows:
   3. Office of renewable energy siting; responsibilities. (a)  There  is
 hereby  established  within the department an office of renewable energy
 siting which is charged  with  accepting  applications  and  evaluating,
 issuing,  amending,  approving  the assignment and/or transfer of siting
 permits. The office shall exercise its  authority  by  and  through  the
 executive director.
   (b)  The  office shall within [one year] THREE MONTHS of the effective
 date of A CHAPTER OF THE LAWS OF TWO THOUSAND  TWENTY-ONE  THAT  AMENDED
 this section establish a set of uniform standards and conditions for the
 siting, design, construction and operation of each type of major renewa-
 ble  energy  facility  relevant to issues that are common for particular
 classes and categories of major renewable energy facilities, in  consul-
 tation  with the New York state energy research and development authori-
 ty, the department of  environmental  conservation,  the  department  of
 public  service,  the  department  of agriculture and markets, and other
 relevant state agencies and authorities with subject  matter  expertise.
 Prior  to adoption of uniform standards and conditions, the office shall
 hold four public hearings in different regions of the state  to  solicit
 comment  from  municipal,  or  political subdivisions, and the public on
 proposed uniform standards and conditions to avoid, minimize or mitigate
 potential adverse SIGNIFICANT FARMLAND OR environmental impacts from the
 siting, design, construction and operation of a major  renewable  energy
 facility.
   (c)  The uniform standards and conditions established pursuant to this
 section shall be designed to avoid or minimize, to  the  maximum  extent
 practicable, any potential [significant] adverse SIGNIFICANT FARMLAND OR
 environmental  impacts  related  to the siting, design, construction and
 operation of a major renewable energy facility. Such  uniform  standards
 and  conditions  shall  apply  to those environmental impacts the office
 determines are common to each type of major renewable energy facility.
   (d) In its review of an application for a permit to  develop  a  major
 renewable  energy facility, the office, in consultation with the depart-
 ment of environmental conservation, shall identify  those  site-specific
 SIGNIFICANT  FARMLAND  OR  environmental  impacts,  if  any, that may be
 caused or contributed to by a specific proposed major  renewable  energy
 facility  and  are  unable  to be addressed by the uniform standards and
 conditions.  The office shall draft in consultation with the  department
 of  environmental conservation site specific permit terms and conditions
 for such impacts, including provisions for the avoidance  or  mitigation
 thereof,  taking  into  account  the CLCPA targets and the environmental
 benefits of the proposed  major  renewable  energy  facility,  provided,
 however,  that  the office shall require that the application of uniform
 standards and conditions and site-specific conditions  shall  achieve  a
 net  conservation  benefit  to  any  impacted  endangered and threatened
 species.
   (e) 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-

 S. 6591                             3
 
 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  fund established pursuant to section ninety-nine-hh of the state
 finance law.
   (f) TO THE EXTENT THAT SIGNIFICANT FARMLAND 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 IMPACT IS NOT SUBSTANTIALLY POSSIBLE,  THE  OFFICE  SHALL
 REQUIRE PAYMENT OF A FEE, TO BE ESTABLISHED BY THE COMMISSIONER OF AGRI-
 CULTURE  AND  MARKETS, BY THE APPLICANT TO THE FARMLAND AND AGRICULTURAL
 PRESERVATION FUND ESTABLISHED BY  SECTION  EIGHTY-NINE-J  OF  THE  STATE
 FINANCE LAW.
   (G)  The  office,  by  and  through  the  executive director, shall be
 authorized to conduct hearings and dispute resolution proceedings, issue
 permits, and adopt such rules, regulations  and  procedures  as  may  be
 necessary,  convenient,  or desirable to effectuate the purposes of this
 section.
   [(g)] (H) The office shall within one year of the  effective  date  of
 this section promulgate rules and regulations with respect to all neces-
 sary  requirements to implement the siting permit program established in
 this section and promulgate modifications to such rules and  regulations
 as  it  deems necessary; provided that the office shall promulgate regu-
 lations requiring the service of applications on affected municipalities
 and political subdivisions simultaneously with submission of the  appli-
 cation to the office.
   [(h)]  (I)  At the request of the office, all other state agencies and
 authorities are hereby authorized to provide support and render services
 to the office within their respective functions.
   [(i)] (J) Notwithstanding any other provision of law, rule,  or  regu-
 lation  to  the  contrary  and  consistent with appropriations therefor,
 employees of any state agency who are necessary to the functions of  the
 office  and  who  may be substantially engaged in the performance of its
 functions shall be transferred to the  office  in  accordance  with  the
 provisions of section seventy of the civil service law. Employees trans-
 ferred  pursuant  to  this  section shall be transferred without further
 examination or qualification and shall  retain  their  respective  civil
 service  classifications. Nothing set forth in this subdivision shall be
 construed to impede, infringe, or diminish the rights and benefits  that
 accrue  to employees through collective bargaining agreements, impact or
 change an employee's membership  in  a  bargaining  unit,  or  otherwise
 diminish the integrity of the collective bargaining relationship.
   § 5. Subparagraph (ii) of paragraph c of subdivision 5 of section 94-c
 of the executive law, as added by section 4 of part JJJ of chapter 58 of
 the laws of 2020, is amended to read as follows:
   (ii)  For any municipality, political subdivision or an agency thereof
 that has received notice of the filing of an  application,  pursuant  to
 regulations  promulgated  in  accordance  with this section, the munici-
 pality or political subdivision or agency thereof shall within the time-
 frames established by this subdivision submit a statement to the  office

 S. 6591                             4
 
 indicating  whether  the  proposed  facility  is  designed  to be sited,
 constructed and operated in compliance with applicable  local  laws  and
 regulations,  if  any,  concerning  the environment, FARMLAND, or public
 health  and safety. In the event that a municipality, political subdivi-
 sion or an agency thereof submits a statement to  the  office  that  the
 proposed  facility  is not designed to be sited, constructed or operated
 in compliance with local laws and regulations and the office  determines
 not  to  hold an adjudicatory hearing on the application, the department
 shall hold non-adjudicatory public hearing in the affected  municipality
 or political subdivision.
   §  6.  Section  16  of  the  agriculture and markets law is amended by
 adding a new subdivision 2-g to read as follows:
   2-G. OVERSEE AND ADMINISTER A PROGRAM ENTITLED  "SIGNIFICANT  FARMLAND
 IDENTIFICATION   PROGRAM"  TO  IDENTIFY  SIGNIFICANT  FARMLAND  FOR  THE
 PURPOSES OF THE MAJOR RENEWABLE ENERGY DEVELOPMENT  PROGRAM  ESTABLISHED
 BY  SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW AND ESTABLISH FEES PURSU-
 ANT TO PARAGRAPH (F) OF SUBDIVISION THREE OF  SECTION  NINETY-FOUR-C  OF
 THE  EXECUTIVE  LAW.    THE  PROGRAM SHALL IDENTIFY SIGNIFICANT FARMLAND
 THROUGHOUT THE STATE.  THE COMMISSIONER, IN CONSULTATION  WITH  AMERICAN
 FARMLAND  TRUST  SHALL PROMULGATE A STANDARD FOR SIGNIFICANT FARMLAND IN
 THE STATE AND SHALL PROMULGATE RULES AND REGULATIONS FOR THE PROGRAM.
   § 7. The state finance law is amended by adding a new section 89-j  to
 read as follows:
   § 89-J. FARMLAND AND AGRICULTURAL PRESERVATION FUND. 1. THERE IS HERE-
 BY  ESTABLISHED  IN  THE  JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
 "FARMLAND AND AGRICULTURAL PRESERVATION FUND".
   2.  SUCH  FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM SIGNIFICANT
 FARMLAND MITIGATION FUNDS PURSUANT TO PARAGRAPH (F) OF SUBDIVISION THREE
 OF SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW AND ALL REVENUES  RECEIVED
 FROM  CONTRIBUTIONS,  DONATIONS  AND ALL OTHER MONEYS CREDITED OR TRANS-
 FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE PURPOSE OF MAKING
 GRANTS TO ELIGIBLE APPLICANT ORGANIZATIONS THAT TAKE PART  IN  PRESERVA-
 TION AND FURTHERANCE OF FARMLAND.
   4. MONEYS OF THE ACCOUNT SHALL BE PAID OUT OF THE ACCOUNT ON THE AUDIT
 AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED  OR  APPROVED
 BY  THE  COMMISSIONER OF AGRICULTURE AND MARKETS.
   5.  THE COMMISSIONER OF AGRICULTURE AND MARKETS SHALL PROMULGATE RULES
 AND REGULATIONS ESTABLISHING THE CRITERIA GOVERNING THE  ELIGIBILITY  OF
 ORGANIZATIONS  TO  RECEIVE  AN  AWARD  OF  GRANTS  AS AUTHORIZED BY THIS
 SECTION.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that:
   (a) the amendments to section  94-c  of  the  executive  law  made  by
 sections  three, four and five of this act shall be subject to the expi-
 ration and repeal of  such  section  and  shall  expire  and  be  deemed
 repealed therewith;
   (b)  this act shall expire and be deemed repealed on the same date and
 in the same manner as section 4 of part JJJ of chapter 58 of the laws of
 2020 expires and is repealed; and
   (c) any moneys remaining in the farmland and agricultural preservation
 fund established by section seven of this act on the date  such  section
 is repealed shall be deposited to the credit of the state general fund.

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Senate Bill S6591

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Sponsored By

Daphne Jordan

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

George M. Borrello

Peter Oberacker

Robert G. Ortt

Alexis Weik

2021-S6591 (ACTIVE) - Details

2021-S6591 (ACTIVE) - Summary

2021-S6591 (ACTIVE) - Sponsor Memo

2021-S6591 (ACTIVE) - Bill Text download pdf

Comments