NY State Senate Bill 2023-S1793C

Senate Bill S1793C

2023-2024 Legislative Session

Relates to the design of uniform standards and conditions relating to the construction and operation of major renewable energy facilities

download bill text pdf

Current 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2024	reported and committed to finance
Jan 03, 2024	referred to energy and telecommunications returned to senate died in assembly
Jun 05, 2023	referred to energy delivered to assembly passed senate ordered to third reading cal.1567 committee discharged and committed to rules
Jun 02, 2023	print number 1793c
Jun 02, 2023	amend and recommit to finance
Jun 01, 2023	print number 1793b
Jun 01, 2023	amend and recommit to finance
Apr 25, 2023	reported and committed to finance
Apr 14, 2023	print number 1793a
Apr 14, 2023	amend and recommit to energy and telecommunications
Jan 17, 2023	referred to energy and telecommunications

Votes

- Jun 5, 2023 - Floor Vote
  S1793C
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2023
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Cooney
      
      Felder
  Jun 5, 2023 - Rules Committee Vote
  S1793C
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Stec
  Feb 6, 2024 - Energy And Telecommunications Committee Vote
  S1793C
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Feb 6, 2024
      
      aye (8)
      
      Borrello
      
      Gonzalez
      
      Kavanagh
      
      Kennedy
      
      Mannion
      
      Mattera
      
      O'Mara
      
      Parker
      
      aye wr (1)
      
      Hinchey
  Apr 25, 2023 - Energy And Telecommunications Committee Vote
  S1793C
  
  7
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Apr 25, 2023
      
      aye (7)
      
      Gonzalez
      
      Hinchey
      
      Kavanagh
      
      Kennedy
      
      Mattera
      
      Parker
      
      Walczyk
      
      aye wr (2)
      
      Mannion
      
      O'Mara

Bill Amendments

Original

C (Active)

2023-S1793 - Details

See Assembly Version of this Bill:: A3117
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7677, A9109

2023-S1793 - Summary

Relates to the design of uniform standards and conditions relating to the construction and operation of major renewable energy facilities and the review of applications for permits to develop such facilities.

2023-S1793 - Sponsor Memo

                                 
BILL NUMBER: S1793

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the design of uniform
standards and conditions relating to the construction and operation of
major renewable energy facilities and the review of applications for
permits to develop such facilities; and requires the  office  of  renew-
able energy  siting to establish or amend rules and regulations pertain-
ing  to renewable energy siting facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to establish uniform standards and
conditions relating to the construction and operation of major renewable
energy facilities and the review of applications for permits to develop
such facilities; and require the office of renewable energy siting to
establish or amend rules and regulations pertaining to renewable energy
siting facilities.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph. (c) of subdivision 3 of section 94-c of
the executive law by requiring the office of renewable energy siting to
consider agricultural impacts on active agricultural lands when review-
ing the siting, design, construction and operation of a major renewable
energy facility.

Section two amends subdivision 3 of section 94-c of the executive law to
reletter paragraphs (e), (f), (h), and (i) and add new paragraph (e) to
ensure that solar development shall not greatly hinder the amount of
farmland within New York State.


Section three amends section 94-c of the executive law by adding subdi-
vision 9 which includes the rules and regulations the office of renewa-
ble energy siting shall establish and/or amend.

Section four establishes the effective date.

 
JUSTIFICATION:

In 2019, New York State passed the Climate Leadership and Community
Protection Act, setting the stage for our state to be the nation's lead-
er in renewable energy independence, including an emphasis on solar
energy capture. While this transition is fundamental to the future of
our planet, we must move forward in a way that does not negatively
impact other important and fragile resources, like agricultural lands
that are pivotal to our fight against the climate crisis and the future
of our nation's food security.

The COVID-19 pandemic unveiled the fragility of our food system when we
depend on international markets and a rigged Supply chain and through
that experience, it reminded us just how important it is to have a
robust, local And secure food system here in our state.

It's also important to note that we can no longer aim to be just carbon
neutral, we must be carbon negative, and agriculture holds the largest
and Most efficient opportunity through carbon sequestration and healthy
soil practices that New York farmers adhere to every day.  In our fight
to save the planet, we cannot afford to lose agricultural land.

And yet, at current levels, large-scale solar development are overtaking
farmland by the day because they are not required to take the importance
of agricultural land into consideration when siting projects. Across the
state, we're seeing dozens of projects sited within a single munici-
pality destroying local commerce, food security, and environmental pres-
ervation. In order to hit our goals in the CLCPA while simultaneously
providing New Yorkers with fresh, healthy and nutritious food, we must
be more thoughtful of our resources and examine where and how we Choose
to develop new solar projects across the state.

This legislation will create a program that maintains New York's robust
solar industry while protecting farmland and the surrounding communi-
ties. It creates criteria for the Office of Renewable Energy Siting to
consider upon receipt of a permit application and requires agricultural
and regional impacts to be reviewed. Nothing is more important than
transitioning to a renewable energy future, but it must be done through
sustainable and thoughtful practice with regard to communities and the
food systems we need to protect.

 
PRIOR LEGISLATIVE HISTORY:

01/06/22 S7677 REFERRED TO ENERGY AND TELECOMMUNICATIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 94-c of the executive law made by sections one,
two and three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

2023-S1793 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1793
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the executive law, in relation to the design of uniform
   standards and conditions relating to the construction and operation of
   major renewable energy facilities and the review of  applications  for
   permits  to  develop  such  facilities; and requires the   office   of
   renewable energy  siting to establish or amend rules  and  regulations
   pertaining  to renewable energy siting facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) 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:
   (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 environmental impacts
 AND, TO THE MAXIMUM EXTENT PRACTICABLE, AVOID,  MINIMIZE,  AND  MITIGATE
 AGRICULTURAL IMPACTS TO ACTIVE AGRICULTURAL LANDS 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.
   §  2.  Paragraphs  (e),  (f),  (g),  (h),  and (i) of subdivision 3 of
 section 94-c of the executive law are relettered  paragraphs  (f),  (g),
 (h), (i), and (j) and a new paragraph (e) is added to read as follows:
   (E)  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  AGRICULTURE  AND  MARKETS SHALL ENSURE THAT A CRITICAL MASS OF
 FARMLAND WITHIN THE DESIGNATED REGION IS NOT THREATENED,  ENSURING  THAT
 NO  MORE  THAN  FIVE  PERCENT  OF PRIME SOILS WITHIN A REGIONAL ECONOMIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-01-3

 S. 1793                             2
 
 DEVELOPMENT COUNCIL REGION SHALL HAVE SOLAR DEVELOPED  AND  ENSURE  THAT
 SOLAR DEVELOPMENT SHALL NOT GREATLY HINDER THE AMOUNT OF FARMLAND WITHIN
 NEW YORK STATE AND/OR BE A POTENTIAL THREAT TO NEW YORK'S FOOD SECURITY.
   §  3.  Section  94-c  of  the executive law is amended by adding a new
 subdivision 9 to read as follows:
   9. RULES AND REGULATIONS.  THE OFFICE SHALL ESTABLISH AND/OR AMEND THE
 RULES AND REGULATIONS PERTAINING TO SUCH OFFICE TO INCLUDE  THE  FOLLOW-
 ING:
   (A)  THE DEFINITION OF PRIME FARMLAND AS DEFINED IN PART 622.04 OF THE
 USDA HANDBOOK AND THE DEFINITIONS OF UNIQUE FARMLAND,  SPECIFIC  CHARAC-
 TERISTICS  OF  UNIQUE  FARMLAND, ADDITIONAL FARMLAND OF STATEWIDE IMPOR-
 TANCE, AND ADDITIONAL FARMLAND OF LOCAL IMPORTANCE  AS  SUCH  TERMS  ARE
 DEFINED IN 7 CFR § 657.5.
   (B)(I) PREAPPLICATION PROCEDURES WHICH REQUIRE APPLICANTS TO:
   (1) SUBMIT A REPORT DELINEATING THE IMPACTS TO PRIME AGRICULTURAL LAND
 AND  PRIME  SOILS,  UNIQUE  FARMLAND AND FARMLAND OF STATEWIDE AND LOCAL
 IMPORTANCE, INCLUDING SOIL CLASSIFICATIONS AS ESTABLISHED BY THE NATURAL
 RESOURCES CONSERVATION SERVICE;
   (2) SUBMIT A CUMULATIVE IMPACT STUDY AS TO HOW THE USE OF FARMLAND FOR
 SOLAR SITING WILL IMPACT THE REGIONAL FOOD ECONOMY AND REGIONAL  OVERALL
 FARMLAND PROTECTION PLAN; AND
   (3)  ENSURE  THAT  A  CRITICAL  MASS OF FARMLAND WITHIN THE DESIGNATED
 REGION IS NOT THREATENED, ENSURING THAT NO MORE  THAN  FIVE  PERCENT  OF
 PRIME SOILS ARE BEING SITED WITHIN A REGIONAL ECONOMIC DEVELOPMENT COUN-
 CIL REGION; AND
   (II) PREFERENCE TO BE GIVEN TO SITES FOR SOLAR DEVELOPMENT THAT ARE ON
 BROWNFIELDS,  LANDFILLS,  PARKING  LOTS, ROOFTOPS, GRAVEL PITS AND OTHER
 AREAS WHERE DISTURBANCE TO LOCAL ECOSYSTEMS  IS  MINIMIZED.  SUCH  SITES
 SHALL BE GRANTED EXPEDITED APPROVAL.
   (C)  APPLICATION PROCEDURES FOR MAJOR RENEWABLE ENERGY FACILITY SITING
 PERMITS.  EACH APPLICATION FOR SUCH PERMIT SHALL REQUIRE:
   (I) THE SUBMISSION OF A CUMULATIVE IMPACT STATEMENT WITHIN  THE  STUDY
 AREA WHICH INCLUDES THE FOLLOWING CRITERIA:
   (1) CATEGORIES BASED ON SOLAR ARRAY SIZE, SPECIFYING THE ARRAY CAPACI-
 TY  AND  HOW  MUCH  POWER  OR  ELECTRICITY  IS EXPECTED TO BE GENERATED,
 ON-SITE OR ASSOCIATED ELECTRIC LOAD, AND THE LAND USE FOOTPRINT, INCLUD-
 ING THE ACREAGE OF LAND UNDERLYING THE ARRAY;
   (2) CUSTOMER TYPE BY IDENTIFYING  THE  END-USE  ENTITY  CONSUMING  THE
 ELECTRICITY  OR  RECEIVING THE ELECTRIC CREDITS GENERATED BY THE PROJECT
 AND HOW SUCH END-USER IS CLASSIFIED IN A UTILITIES' ESTABLISHED ELECTRIC
 RATE STRUCTURES FOR DIFFERENT CUSTOMER CLASSES,  INCLUDING  RESIDENTIAL,
 COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR LOW-INCOME;
   (3) CATEGORIES BASED ON SOLAR ARRAY LOCATION, SPECIFYING WHETHER SOLAR
 ARRAYS  ARE ROOF-MOUNTED, DESIGNATING PREFERRED SITES FOR SOLAR DEVELOP-
 MENT AND INELIGIBLE SITES;
   (4) CATEGORIES BASED  ON  SOLAR  ARRAY  DESIGN,  INCLUDING  SPECIFYING
 WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
   (II)  FOR  MAJOR  RENEWABLE  ENERGY FACILITIES SITED ON PRIME SOILS OR
 FARMLANDS, THE APPLICANT TO SUBMIT DECOMMISSIONING PLANS FOR  ARRAYS  ON
 AGRICULTURAL   LAND   AND  DECOMMISSIONING  BONDS  FOR  COMMERCIAL-SCALE
 PROJECTS. SUCH APPLICATIONS SHALL REQUIRE THE APPLICANT TO:
   (1) INCLUDE A DECOMMISSIONING PLAN IN THE APPLICATION;
   (2) SHOW SUBSTANTIAL EVIDENCE THAT ALL STRUCTURES AND  MATERIALS  WILL
 BE  REMOVED  UPON  DECOMMISSIONING  OF  SUCH FACILITY AND TO ENSURE THAT
 SOILS WILL BE CAPABLE OF AGRICULTURAL PRODUCTION; AND
 S. 1793                             3
 
   (3) OBTAIN DECOMMISSIONING SURETY BONDS OR ANOTHER FORM  OF  INSURANCE
 TO SECURE ALL OR A PART OF DECOMMISSIONING COSTS REQUIRED AT THE CONCLU-
 SION OF THE LEASE.
   (D)  REQUIRING  THE  SUBMISSION  OF A FARMLAND CONSERVATION FEE OF ONE
 PERCENT OF THE PRICE PER ACRE OF PRIME  SOIL  OR  PRIME  FARMLAND  WHICH
 SOLAR IS DEVELOPED ON. SUCH FARMLAND CONSERVATION FEE SHALL BE DEPOSITED
 IN  THE  FARMLAND  PRESERVATION  FUND  SUBACCOUNT  OF  THE ENVIRONMENTAL
 PROTECTION FUND.
   (E) FARMLAND PROTECTION AND  CONSIDERATION  OF  LOCAL  ECONOMIES.  THE
 OFFICE  SHALL  TAKE  INTO  ACCOUNT  THE  REGIONAL  IMPACTS, BASED ON THE
 REGIONAL ECONOMIC DEVELOPMENT COUNCIL REGION, ON FARMLAND  PRESERVATION,
 LOCAL FOOD SUPPLY CHAINS, AND STATEWIDE FOOD SECURITY; PROVIDED THAT THE
 OFFICE  SHALL  ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIG-
 NATED REGION IS NOT THREATENED AND SHALL ENSURE THAT NO MORE  THAN  FIVE
 PERCENT  OF  PRIME  SOILS WITHIN A REGIONAL ECONOMIC DEVELOPMENT COUNCIL
 REGION MAY BE DEVELOPED  FOR  SOLAR  PROJECTS.  THE  OFFICE  SHALL  ALSO
 REQUIRE  THE  PERMITTEE  TO  COORDINATE WITH COUNTY-LEVEL GOVERNMENTS TO
 ENSURE NO MORE THAN FIFTEEN PERCENT OF THE LAND MASS BY SQUARE  MILE  OF
 ANY  COUNTY  SHALL  BE DEVELOPED FOR SOLAR ENERGY DEVELOPMENT OR NO MORE
 LAND MASS THAN WILL SIGNIFICANTLY NEGATIVELY IMPACT THE  LOCAL  ECONOMY,
 WHICHEVER IS SMALLER.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 94-c of the executive  law  made  by  sections
 one,  two  and  three  of  this  act shall not affect the repeal of such
 section and shall be deemed repealed therewith.

2023-S1793A - Details

See Assembly Version of this Bill:: A3117
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7677, A9109

2023-S1793A - Summary

2023-S1793A - Sponsor Memo

                                 
BILL NUMBER: S1793A

SPONSOR: HINCHEY
 
TITLE OF BILL:  An act to amend the executive law, in relation to the
design of uniform standards and conditions relating to the construction
and operation of major renewable energy facilities and the review of
applications for permits to develop such facilities; and requires the
office  of  renewable energy  siting to establish or amend rules and
regulations pertaining  to renewable energy siting facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to establish uniform standards and
conditions relating to the construction and operation of major renewable
energy facilities on farmland and the review of applications for permits
to develop such facilities; and require the office of renewable energy
siting to establish or amend rules and regulations pertaining to renewa-
ble energy siting facilities.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph. (c) of subdivision 3 of section 94-c of

the executive law by requiring the office of renewable energy siting to
consider agricultural impacts on active agricultural lands when review-
ing the siting, design, construction and operation of a major renewable
energy facility.

Section two amends subdivision 3 of section 94-c of the executive law to
re-letter paragraphs (e), (f), (h), and (i) and add new paragraph (e) to
ensure that solar development shall not greatly hinder the amount of
farmland within New York State.

Section three amends section 94-c of the executive law by adding subdi-
vision 9 which includes the rules and regulations the office of renewa-
ble energy siting shall establish and/or amend.

Section four establishes the effective date.

 
JUSTIFICATION:

In 2019, New York State passed the Climate Leadership and Community
Protection Act, setting the stage for our state to be the nation's lead-
er in renewable energy independence, including an emphasis on solar
energy capture. While this transition is fundamental to the future of
our planet, we must move forward in a way that does not negatively
impact other important and fragile natural resources, like the agricul-
tural lands that are pivotal to our fight against the climate crisis and
the future of our nation's food security.

The COVID-19 pandemic unveiled the fragility of our food system, showing
us what happens when we depend almost entirely on international markets
and a broken supply chain. That experience made clear just how important
it is to have a robust, local and secure food system here in our state.

It's also important to note that we can no longer aim to be just carbon
neutral, we must be carbon negative, and agriculture holds the largest
and most efficient opportunity through carbon sequestration and healthy
soil practices that New York farmers adhere to every day.  In our fight
to save the planet, we cannot afford to lose agricultural land.
And yet, at current levels, large-scale solar developments are overtak-
ing farmland because they are often the cheapest and easiest places to
site these projects. Across the state, we're seeing dozens of projects
sited within a single municipality, destroying local commerce, food
security, and environmental preservation. Regional impacts and collec-
tive farmland loss must be considered as part of the smart development
criteria we use for siting solar developments.  We cannot and must not
exchange a climate crisis for a food crisis.  In order to both hit our
goals in the CLCPA and keep a safe, local food supply providing New
Yorkers with fresh, healthy and nutritious meals, we must be more
thoughtful of our resources and examine where and how we choose to
develop new solar projects across the state.

This legislation will create a program that maintains New York's robust
solar industry while protecting farmland and the surrounding communi-
ties. It creates criteria for the Office of Renewable Energy Siting to
consider upon receipt of a permit application and requires agricultural
and regional impacts to be reviewed. Nothing is more important than
transitioning to a renewable energy future, but it must be done through
sustainable and thoughtful practice with regard to communities and the
food systems we need to protect.

 
PRIOR LEGISLATIVE HISTORY:

01/06/22 S7677 REFERRED TO ENERGY AND TELECOMMUNICATIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 94-c of the executive law made by sections one,
two and three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

2023-S1793A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1793--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to the design of  uniform
   standards and conditions relating to the construction and operation of
   major  renewable  energy facilities and the review of applications for
   permits to develop such facilities; and  requires  the    office    of
   renewable  energy   siting to establish or amend rules and regulations
   pertaining  to renewable energy siting facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) 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:
   (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  environmental  impacts
 AND,  TO  THE  MAXIMUM EXTENT PRACTICABLE, AVOID, MINIMIZE, AND MITIGATE
 AGRICULTURAL IMPACTS TO ACTIVE AGRICULTURAL LANDS 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.
   § 2. Paragraphs (e), (f), (g),  (h),  and  (i)  of  subdivision  3  of
 section  94-c  of  the executive law are relettered paragraphs (f), (g),
 (h), (i), and (j) and a new paragraph (e) is added to read as follows:
   (E) 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 AGRICULTURE AND MARKETS SHALL ENSURE THAT  A  CRITICAL  MASS  OF
 FARMLAND  WITHIN  THE DESIGNATED REGION IS NOT THREATENED, ENSURING THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-04-3

 S. 1793--A                          2
 
 NO MORE THAN FIVE PERCENT OF PRIME  SOILS  WITHIN  A  REGIONAL  ECONOMIC
 DEVELOPMENT  COUNCIL  REGION  SHALL HAVE SOLAR DEVELOPED AND ENSURE THAT
 SOLAR DEVELOPMENT SHALL NOT GREATLY HINDER THE AMOUNT OF FARMLAND WITHIN
 NEW YORK STATE AND/OR BE A POTENTIAL THREAT TO NEW YORK'S FOOD SECURITY.
 TWO  YEARS  AFTER  THE  EFFECTIVE DATE OF THIS PARAGRAPH, THE OFFICE, IN
 CONJUNCTION WITH THE PUBLIC SERVICE COMMISSION  AND  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS, SHALL REEVALUATE THE EFFICACY OF THIS PARAGRAPH
 AND PROPOSE RECOMMENDATIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMIT-
 ED TO, THE CONSIDERATION OF NEW PERTINENT TECHNOLOGY AND/OR INFORMATION.
   §  3.  Section  94-c  of  the executive law is amended by adding a new
 subdivision 9 to read as follows:
   9. RULES AND REGULATIONS.  THE OFFICE SHALL ESTABLISH AND/OR AMEND THE
 RULES AND REGULATIONS PERTAINING TO SUCH OFFICE TO INCLUDE  THE  FOLLOW-
 ING:
   (A)  THE DEFINITION OF PRIME FARMLAND AS DEFINED IN PART 622.04 OF THE
 USDA HANDBOOK AND THE DEFINITIONS OF UNIQUE FARMLAND,  SPECIFIC  CHARAC-
 TERISTICS  OF  UNIQUE  FARMLAND, ADDITIONAL FARMLAND OF STATEWIDE IMPOR-
 TANCE, AND ADDITIONAL FARMLAND OF LOCAL IMPORTANCE  AS  SUCH  TERMS  ARE
 DEFINED IN 7 CFR § 657.5.
   (B)(I) PREAPPLICATION PROCEDURES WHICH REQUIRE APPLICANTS TO:
   (1) SUBMIT A REPORT DELINEATING THE IMPACTS TO PRIME AGRICULTURAL LAND
 AND  PRIME  SOILS,  UNIQUE  FARMLAND AND FARMLAND OF STATEWIDE AND LOCAL
 IMPORTANCE, INCLUDING MINERAL SOILS GROUP (MSG) 1-4 AS  DEFINED  BY  THE
 DEPARTMENT OF AGRICULTURE AND MARKETS;
   (2) SUBMIT A CUMULATIVE IMPACT STUDY AS TO HOW THE USE OF FARMLAND FOR
 SOLAR  SITING WILL IMPACT THE REGIONAL FOOD ECONOMY AND REGIONAL OVERALL
 FARMLAND PROTECTION PLAN; AND
   (3) ENSURE THAT A CRITICAL MASS  OF  FARMLAND  WITHIN  THE  DESIGNATED
 REGION  IS  NOT  THREATENED,  ENSURING THAT NO MORE THAN FIVE PERCENT OF
 PRIME SOILS ARE BEING SITED WITHIN A REGIONAL ECONOMIC DEVELOPMENT COUN-
 CIL REGION.  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THE
 OFFICE, IN CONJUNCTION  WITH  THE  PUBLIC  SERVICE  COMMISSION  AND  THE
 DEPARTMENT  OF AGRICULTURE AND MARKETS, SHALL REEVALUATE THE EFFICACY OF
 THIS CLAUSE AND PROPOSE RECOMMENDATIONS TO  THE  LEGISLATURE,  INCLUDING
 BUT NOT LIMITED TO, THE CONSIDERATION OF NEW PERTINENT TECHNOLOGY AND/OR
 INFORMATION; AND
   (II) PREFERENCE TO BE GIVEN TO SITES FOR SOLAR DEVELOPMENT THAT ARE ON
 BROWNFIELDS,  LANDFILLS,  PARKING  LOTS, ROOFTOPS, GRAVEL PITS AND OTHER
 AREAS WHERE DISTURBANCE TO LOCAL ECOSYSTEMS  IS  MINIMIZED.  SUCH  SITES
 SHALL BE GRANTED EXPEDITED APPROVAL.
   (C)  APPLICATION PROCEDURES FOR MAJOR RENEWABLE ENERGY FACILITY SITING
 PERMITS.  EACH APPLICATION FOR SUCH PERMIT SHALL REQUIRE:
   (I) THE SUBMISSION OF A CUMULATIVE IMPACT STATEMENT WITHIN  THE  STUDY
 AREA WHICH INCLUDES THE FOLLOWING CRITERIA:
   (1) CATEGORIES BASED ON SOLAR ARRAY SIZE, SPECIFYING THE ARRAY CAPACI-
 TY  AND  HOW  MUCH  POWER  OR  ELECTRICITY  IS EXPECTED TO BE GENERATED,
 ON-SITE OR ASSOCIATED ELECTRIC LOAD, AND THE LAND USE FOOTPRINT, INCLUD-
 ING THE ACREAGE OF LAND UNDERLYING THE ARRAY;
   (2) CUSTOMER TYPE BY IDENTIFYING  THE  END-USE  ENTITY  CONSUMING  THE
 ELECTRICITY  OR  RECEIVING THE ELECTRIC CREDITS GENERATED BY THE PROJECT
 AND HOW SUCH END-USER IS CLASSIFIED IN A UTILITIES' ESTABLISHED ELECTRIC
 RATE STRUCTURES FOR DIFFERENT CUSTOMER CLASSES,  INCLUDING  RESIDENTIAL,
 COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR LOW-INCOME;
   (3) CATEGORIES BASED ON SOLAR ARRAY LOCATION, SPECIFYING WHETHER SOLAR
 ARRAYS  ARE ROOF-MOUNTED, DESIGNATING PREFERRED SITES FOR SOLAR DEVELOP-
 MENT AND INELIGIBLE SITES;
 S. 1793--A                          3
 
   (4) CATEGORIES BASED  ON  SOLAR  ARRAY  DESIGN,  INCLUDING  SPECIFYING
 WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
   (II)  FOR  MAJOR  RENEWABLE  ENERGY FACILITIES SITED ON PRIME SOILS OR
 FARMLANDS, THE APPLICANT TO SUBMIT DECOMMISSIONING PLANS FOR  ARRAYS  ON
 AGRICULTURAL   LAND   AND  DECOMMISSIONING  BONDS  FOR  COMMERCIAL-SCALE
 PROJECTS. SUCH APPLICATIONS SHALL REQUIRE THE APPLICANT TO:
   (1) INCLUDE A DECOMMISSIONING PLAN IN THE APPLICATION;
   (2) SHOW SUBSTANTIAL EVIDENCE THAT ALL STRUCTURES AND  MATERIALS  WILL
 BE  REMOVED  UPON  DECOMMISSIONING  OF  SUCH FACILITY AND TO ENSURE THAT
 SOILS WILL BE CAPABLE OF AGRICULTURAL PRODUCTION; AND
   (3) OBTAIN DECOMMISSIONING SURETY BONDS OR ANOTHER FORM  OF  INSURANCE
 TO SECURE ALL OR A PART OF DECOMMISSIONING COSTS REQUIRED AT THE CONCLU-
 SION OF THE LEASE.
   (D)  REQUIRING  THE  SUBMISSION  OF A FARMLAND CONSERVATION FEE OF ONE
 PERCENT OF THE PRICE PER ACRE OF PRIME  SOIL  OR  PRIME  FARMLAND  WHICH
 SOLAR IS DEVELOPED ON. SUCH FARMLAND CONSERVATION FEE SHALL BE DEPOSITED
 IN  THE  FARMLAND  PRESERVATION  FUND  SUBACCOUNT  OF  THE ENVIRONMENTAL
 PROTECTION FUND.
   (E) FARMLAND PROTECTION AND  CONSIDERATION  OF  LOCAL  ECONOMIES.  THE
 OFFICE  SHALL  TAKE  INTO  ACCOUNT  THE  REGIONAL  IMPACTS, BASED ON THE
 REGIONAL ECONOMIC DEVELOPMENT COUNCIL REGION, ON FARMLAND  PRESERVATION,
 LOCAL FOOD SUPPLY CHAINS, AND STATEWIDE FOOD SECURITY; PROVIDED THAT THE
 OFFICE  SHALL  ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIG-
 NATED REGION IS NOT THREATENED AND SHALL ENSURE THAT NO MORE  THAN  FIVE
 PERCENT  OF  PRIME  SOILS WITHIN A REGIONAL ECONOMIC DEVELOPMENT COUNCIL
 REGION MAY BE DEVELOPED  FOR  SOLAR  PROJECTS.  THE  OFFICE  SHALL  ALSO
 REQUIRE  THE  PERMITTEE  TO  COORDINATE WITH COUNTY-LEVEL GOVERNMENTS TO
 ENSURE NO MORE THAN FIFTEEN PERCENT OF THE LAND MASS BY SQUARE  MILE  OF
 ANY  COUNTY  SHALL  BE DEVELOPED FOR SOLAR ENERGY DEVELOPMENT OR NO MORE
 LAND MASS THAN WILL SIGNIFICANTLY NEGATIVELY IMPACT THE  LOCAL  ECONOMY,
 WHICHEVER IS SMALLER.  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDI-
 VISION,  THE  OFFICE,  IN CONJUNCTION WITH THE PUBLIC SERVICE COMMISSION
 AND THE DEPARTMENT OF AGRICULTURE  AND  MARKETS,  SHALL  REEVALUATE  THE
 EFFICACY  OF  THIS PARAGRAPH AND PROPOSE RECOMMENDATIONS TO THE LEGISLA-
 TURE, INCLUDING BUT NOT LIMITED TO, THE CONSIDERATION OF  NEW  PERTINENT
 TECHNOLOGY AND/OR INFORMATION.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 94-c of the executive  law  made  by  sections
 one,  two  and  three  of  this  act shall not affect the repeal of such
 section and shall be deemed repealed therewith.

2023-S1793B - Details

See Assembly Version of this Bill:: A3117
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7677, A9109

2023-S1793B - Summary

2023-S1793B - Sponsor Memo

                                 
BILL NUMBER: S1793B

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the design of uniform
standards and conditions relating to the construction and operation of
major renewable energy facilities and the review of applications for
permits to develop such facilities; and requires the  office  of  renew-
able energy  siting to establish or amend rules and regulations pertain-
ing  to renewable energy siting facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to establish uniform standards and
conditions relating to the construction and operation of major renewable
energy facilities on farmland and the review of applications for permits
to develop such facilities; and require the office of renewable energy
siting to establish or amend rules and regulations pertaining to renewa-
ble energy siting facilities.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph. (c) of subdivision 3 of section 94-c of
the executive law by requiring the office of renewable energy siting to
consider agricultural impacts on active agricultural lands when review-
ing the siting, design, construction and operation of a major renewable
energy facility.

Section two amends subdivision 3 of section 94-c of the executive law to
re-letter paragraphs (e), (f), (h), and (i) and add new paragraph (e) to
ensure that solar development shall not greatly hinder the amount of
farmland within New York State.

Section three amends section 94-c of the executive law by adding subdi-
vision 9 which includes the rules and regulations the office of renewa-
ble energy siting shall establish and/or amend.

Section four establishes the effective date.

 
JUSTIFICATION:

In 2019, New York State passed the Climate Leadership and Community
Protection Act, setting the stage for our state to be the nation's lead-
er in renewable energy independence, including an emphasis on solar
energy capture. While this transition is fundamental to the future of
our planet, we must move forward in a way that does not negatively
impact other important and fragile natural resources, like the agricul-
tural lands that are pivotal to our fight against the climate crisis and
the future of our nation's food security.

The COVID-19 pandemic unveiled the fragility of our food system, showing
us what happens when we depend almost entirely on international markets
and a broken supply chain. That experience made clear just how important
it is to have a robust, local and secure food system here in our state.

It's also important to note that we can no longer aim to be just carbon
neutral, we must be carbon negative, and agriculture holds the largest
and most efficient opportunity through carbon sequestration and healthy
soil practices that New York farmers adhere to every day.  In our fight
to save the planet, we cannot afford to lose agricultural land.

And yet, at current levels, large-scale solar developments are overtak-
ing farmland because they are often the cheapest and easiest places to
site these projects. Across the state, we're seeing dozens of projects
sited within a single municipality, destroying local commerce, food
security, and environmental preservation. Regional impacts and collec-
tive farmland loss must be considered as part of the smart development
criteria we use for siting solar developments.  We cannot and must not
exchange a climate crisis for a food crisis.  In order to both hit our
goals in the CLCPA and keep a safe, local food supply providing New
Yorkers with fresh, healthy and nutritious meals, we must be more
thoughtful of our resources and examine where and how we choose to
develop new solar projects across the state.

This legislation will create a program that maintains New York's robust
solar industry while protecting farmland and the surrounding communi-
ties. It creates criteria for the Office of Renewable Energy Siting to
consider upon receipt of a permit application and requires agricultural
and regional impacts to be reviewed. Nothing is more important than
transitioning to a renewable energy future, but it must be done through
sustainable and thoughtful practice with regard to communities and the
food systems we need to protect.

 
PRIOR LEGISLATIVE HISTORY:

01/06/22 - S7677 REFERRED TO ENERGY AND TELECOMMUNICATIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 94-c of the executive law made by sections one,
two and three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

2023-S1793B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1793--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee and committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the executive law, in relation to the design of  uniform
   standards and conditions relating to the construction and operation of
   major  renewable  energy facilities and the review of applications for
   permits to develop such facilities; and  requires  the    office    of
   renewable  energy   siting to establish or amend rules and regulations
   pertaining  to renewable energy siting facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) 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:
   (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  environmental  impacts
 AND,  TO  THE  MAXIMUM EXTENT PRACTICABLE, AVOID, MINIMIZE, AND MITIGATE
 AGRICULTURAL IMPACTS TO ACTIVE AGRICULTURAL LANDS 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.
   § 2. Paragraphs (e), (f), (g),  (h),  and  (i)  of  subdivision  3  of
 section  94-c  of  the executive law are relettered paragraphs (f), (g),
 (h), (i), and (j) and a new paragraph (e) is added to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-06-3
 S. 1793--B                          2

 
   (E) 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 AGRICULTURE AND MARKETS, SHALL ENSURE THAT A  CRITICAL  MASS  OF
 FARMLAND  WITHIN THE DESIGNATED REGION IS NOT THREATENED AND ENSURE THAT
 SOLAR DEVELOPMENT SHALL NOT GREATLY HINDER THE AMOUNT OF FARMLAND WITHIN
 NEW YORK STATE AND/OR BE A POTENTIAL THREAT TO NEW YORK'S FOOD SECURITY.
 TWO  YEARS  AFTER  THE  EFFECTIVE DATE OF THIS PARAGRAPH, THE OFFICE, IN
 CONJUNCTION WITH THE PUBLIC SERVICE COMMISSION  AND  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS, SHALL REEVALUATE THE EFFICACY OF THIS PARAGRAPH
 AND PROPOSE RECOMMENDATIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMIT-
 ED TO, THE CONSIDERATION OF NEW PERTINENT TECHNOLOGY AND/OR INFORMATION.
   §  3.  Section  94-c  of  the executive law is amended by adding a new
 subdivision 9 to read as follows:
   9. RULES AND REGULATIONS.  THE OFFICE SHALL ESTABLISH AND/OR AMEND THE
 RULES AND REGULATIONS PERTAINING TO SUCH OFFICE TO INCLUDE  THE  FOLLOW-
 ING:
   (A)  THE DEFINITION OF PRIME FARMLAND AS DEFINED IN PART 622.04 OF THE
 USDA HANDBOOK AND THE DEFINITIONS OF UNIQUE FARMLAND,  SPECIFIC  CHARAC-
 TERISTICS  OF  UNIQUE  FARMLAND, ADDITIONAL FARMLAND OF STATEWIDE IMPOR-
 TANCE, AND ADDITIONAL FARMLAND OF LOCAL IMPORTANCE  AS  SUCH  TERMS  ARE
 DEFINED IN 7 CFR § 657.5.
   (B)(I) PREAPPLICATION PROCEDURES WHICH REQUIRE APPLICANTS TO:
   (1) SUBMIT A REPORT DELINEATING THE IMPACTS TO PRIME AGRICULTURAL LAND
 AND  PRIME  SOILS,  UNIQUE  FARMLAND AND FARMLAND OF STATEWIDE AND LOCAL
 IMPORTANCE, INCLUDING MINERAL SOILS GROUP (MSG) 1-4 AS  DEFINED  BY  THE
 DEPARTMENT OF AGRICULTURE AND MARKETS;
   (2) SUBMIT A CUMULATIVE IMPACT STUDY AS TO HOW THE USE OF FARMLAND FOR
 SOLAR  SITING WILL IMPACT THE REGIONAL FOOD ECONOMY AND REGIONAL OVERALL
 FARMLAND PROTECTION PLAN; AND
   (3) ENSURE THAT A CRITICAL MASS  OF  FARMLAND  WITHIN  THE  DESIGNATED
 REGION  IS  NOT THREATENED.   TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, THE OFFICE, IN CONJUNCTION WITH THE PUBLIC SERVICE  COMMIS-
 SION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL REEVALUATE THE
 EFFICACY  OF THIS CLAUSE AND PROPOSE RECOMMENDATIONS TO THE LEGISLATURE,
 INCLUDING BUT NOT LIMITED TO, THE CONSIDERATION OF NEW  PERTINENT  TECH-
 NOLOGY AND/OR INFORMATION; AND
   (II) PREFERENCE TO BE GIVEN TO SITES FOR SOLAR DEVELOPMENT THAT ARE ON
 BROWNFIELDS,  LANDFILLS,  PARKING  LOTS, ROOFTOPS, GRAVEL PITS AND OTHER
 AREAS WHERE DISTURBANCE TO LOCAL ECOSYSTEMS  IS  MINIMIZED.  SUCH  SITES
 SHALL BE GRANTED EXPEDITED APPROVAL.
   (C)  APPLICATION PROCEDURES FOR MAJOR RENEWABLE ENERGY FACILITY SITING
 PERMITS.  EACH APPLICATION FOR SUCH PERMIT SHALL REQUIRE:
   (I) THE SUBMISSION OF A CUMULATIVE IMPACT STATEMENT WITHIN  THE  STUDY
 AREA WHICH INCLUDES THE FOLLOWING CRITERIA:
   (1) CATEGORIES BASED ON SOLAR ARRAY SIZE, SPECIFYING THE ARRAY CAPACI-
 TY  AND  HOW  MUCH  POWER  OR  ELECTRICITY  IS EXPECTED TO BE GENERATED,
 ON-SITE OR ASSOCIATED ELECTRIC LOAD, AND THE LAND USE FOOTPRINT, INCLUD-
 ING THE ACREAGE OF LAND UNDERLYING THE ARRAY;
   (2) CUSTOMER TYPE BY IDENTIFYING  THE  END-USE  ENTITY  CONSUMING  THE
 ELECTRICITY  OR  RECEIVING THE ELECTRIC CREDITS GENERATED BY THE PROJECT
 AND HOW SUCH END-USER IS CLASSIFIED IN A UTILITIES' ESTABLISHED ELECTRIC
 RATE STRUCTURES FOR DIFFERENT CUSTOMER CLASSES,  INCLUDING  RESIDENTIAL,
 COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR LOW-INCOME;
   (3) CATEGORIES BASED ON SOLAR ARRAY LOCATION, SPECIFYING WHETHER SOLAR
 ARRAYS  ARE ROOF-MOUNTED, DESIGNATING PREFERRED SITES FOR SOLAR DEVELOP-
 MENT AND INELIGIBLE SITES;
 S. 1793--B                          3
 
   (4) CATEGORIES BASED  ON  SOLAR  ARRAY  DESIGN,  INCLUDING  SPECIFYING
 WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
   (II)  FOR  MAJOR  RENEWABLE  ENERGY FACILITIES SITED ON PRIME SOILS OR
 FARMLANDS, THE APPLICANT TO SUBMIT DECOMMISSIONING PLANS FOR  ARRAYS  ON
 AGRICULTURAL   LAND   AND  DECOMMISSIONING  BONDS  FOR  COMMERCIAL-SCALE
 PROJECTS. SUCH APPLICATIONS SHALL REQUIRE THE APPLICANT TO:
   (1) INCLUDE A DECOMMISSIONING PLAN IN THE APPLICATION;
   (2) SHOW SUBSTANTIAL EVIDENCE THAT ALL STRUCTURES AND  MATERIALS  WILL
 BE  REMOVED  UPON  DECOMMISSIONING  OF  SUCH FACILITY AND TO ENSURE THAT
 SOILS WILL BE CAPABLE OF AGRICULTURAL PRODUCTION; AND
   (3) OBTAIN DECOMMISSIONING SURETY BONDS OR ANOTHER FORM  OF  INSURANCE
 TO SECURE ALL OR A PART OF DECOMMISSIONING COSTS REQUIRED AT THE CONCLU-
 SION OF THE LEASE.
   (D)  REQUIRING  THE  SUBMISSION  OF A FARMLAND CONSERVATION FEE OF ONE
 PERCENT OF THE PRICE PER ACRE OF PRIME  SOIL  OR  PRIME  FARMLAND  WHICH
 SOLAR IS DEVELOPED ON. SUCH FARMLAND CONSERVATION FEE SHALL BE DEPOSITED
 IN  THE  FARMLAND  PRESERVATION  FUND  SUBACCOUNT  OF  THE ENVIRONMENTAL
 PROTECTION FUND.
   (E) FARMLAND PROTECTION AND  CONSIDERATION  OF  LOCAL  ECONOMIES.  THE
 OFFICE  SHALL  TAKE  INTO  ACCOUNT  THE  REGIONAL  IMPACTS, BASED ON THE
 REGIONAL ECONOMIC DEVELOPMENT COUNCIL REGION, ON FARMLAND  PRESERVATION,
 LOCAL FOOD SUPPLY CHAINS, AND STATEWIDE FOOD SECURITY; PROVIDED THAT THE
 OFFICE  SHALL  ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIG-
 NATED REGION IS NOT  THREATENED.  THE  OFFICE  SHALL  ALSO  REQUIRE  THE
 PERMITTEE  TO COORDINATE WITH COUNTY-LEVEL GOVERNMENTS TO ENSURE NO MORE
 LAND MASS SHALL BE DEVELOPED FOR  SOLAR  ENERGY  DEVELOPMENT  THAN  WILL
 SIGNIFICANTLY  NEGATIVELY IMPACT THE LOCAL ECONOMY.  TWO YEARS AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION, THE OFFICE, IN CONJUNCTION WITH  THE
 PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS,
 SHALL  REEVALUATE THE EFFICACY OF THIS PARAGRAPH AND PROPOSE RECOMMENDA-
 TIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMITED  TO,  THE  CONSIDER-
 ATION OF NEW PERTINENT TECHNOLOGY AND/OR INFORMATION.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 94-c of the executive  law  made  by  sections
 one,  two  and  three  of  this  act shall not affect the repeal of such
 section and shall be deemed repealed therewith.

co-Sponsors

2023-S1793C (ACTIVE) - Details

See Assembly Version of this Bill:: A3117
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7677, A9109

2023-S1793C (ACTIVE) - Summary

2023-S1793C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1793C

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the design of uniform
standards and conditions relating to the construction and operation of
major renewable energy facilities and the review of applications for
permits to develop such facilities; and requires the  office  of  renew-
able energy  siting to establish or amend rules and regulations pertain-
ing  to renewable energy siting facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to establish uniform standards and
conditions relating to the construction and operation of major renewable
energy facilities on farmland and the review of applications for permits
to develop such facilities; and require the office of renewable energy
siting to establish or amend rules and regulations pertaining to renewa-
ble energy siting facilities.

 
SUMMARY OF PROVISIONS:

Section one amends paragraph. (c) of subdivision 3 of section 94-c of
the executive law by requiring the office of renewable energy siting to
consider agricultural impacts on active agricultural lands when review-
ing the siting, design, construction and operation of a major renewable
energy facility.

Section two amends subdivision 3 of section 94-c of the executive law to
re-letter paragraphs (e), (f), (h), and (i) and add new paragraph

(e) to ensure that solar development shall not greatly hinder the amount
of farmland within New York State.

Section three amends section 94-c of the executive law by adding subdi-
vision 9 which includes the rules and regulations the office of renewa-
ble energy siting shall establish and/or amend.

Section four establishes the effective date.

 
JUSTIFICATION:

In 2019, New York State passed the Climate Leadership and Community
Protection Act, setting the stage for our state to be the nation's lead-
er in renewable energy independence, including an emphasis on solar
energy capture. While this transition is fundamental to the future of
our planet, we must move forward in a way that does not negatively
impact other important and fragile natural resources, like the agricul-
tural lands that are pivotal to our fight against the climate crisis and
the future of our nation's food security.  The COVID-19 pandemic
unveiled the fragility of our food system, showing us what happens when
we depend almost entirely on international markets and a broken supply
chain. That experience made clear just how important it is to have a
robust, local and secure food system here in our state.

It's also important to note that we can no longer aim to be just carbon
neutral, we must be carbon negative, and agriculture holds the largest
and most efficient opportunity through carbon sequestration and healthy
soil practices that New York farmers adhere to every day.  In our fight
to save the planet, we cannot afford to lose agricultural land.

And yet, at current levels, large-scale solar developments are overtak-
ing farmland because they are often the cheapest and easiest places to
site these projects. Across the state, we're seeing dozens of projects
sited within a single municipality, destroying local commerce, food
security, and environmental preservation. Regional impacts and collec-
tive farmland loss must be considered as part of the smart development
criteria we use for siting solar developments.  We cannot and must not
exchange a climate crisis for a food crisis.

In order to both hit our goals in the CLCPA and keep a safe, local food
supply providing New Yorkers with fresh, healthy and nutritious meals,
we must be more thoughtful of our resources and examine where and how we
choose to develop new solar projects across the state.  This legislation
will create a program that maintains New York's robust solar industry
while protecting farmland and the surrounding communities. It creates
criteria for the Office of Renewable Energy Siting to consider upon
receipt of a permit application and requires agricultural and regional
impacts to be reviewed. Nothing is more important than transitioning to
a renewable energy future, but it must be done through sustainable and
thoughtful practice with regard to communities and the food systems we
need to protect.

 
PRIOR LEGISLATIVE HISTORY:

01/06/22 - S7677 REFERRED TO ENERGY AND TELECOMMUNICATIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to section 94-c of the executive law made by sections one,
two and three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

2023-S1793C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1793--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee and committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the executive law, in relation to the design of uniform
   standards and conditions relating to the construction and operation of
   major renewable energy facilities and the review of  applications  for
   permits  to  develop  such  facilities; and requires the   office   of
   renewable energy  siting to establish or amend rules  and  regulations
   pertaining  to renewable energy siting facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) 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:
   (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 environmental impacts
 AND, TO THE MAXIMUM EXTENT PRACTICABLE, AVOID,  MINIMIZE,  AND  MITIGATE
 AGRICULTURAL IMPACTS TO ACTIVE AGRICULTURAL LANDS 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.
   §  2.  Paragraphs  (e),  (f),  (g),  (h),  and (i) of subdivision 3 of
 section 94-c of the executive law are relettered  paragraphs  (f),  (g),
 (h), (i), and (j) and a new paragraph (e) is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-08-3

 S. 1793--C                          2
 
   (E)  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  AGRICULTURE  AND MARKETS, SHALL ENSURE THAT A CRITICAL MASS OF
 FARMLAND WITHIN THE DESIGNATED REGION IS NOT THREATENED AND ENSURE  THAT
 SOLAR DEVELOPMENT SHALL NOT GREATLY HINDER THE AMOUNT OF FARMLAND WITHIN
 NEW YORK STATE AND/OR BE A POTENTIAL THREAT TO NEW YORK'S FOOD SECURITY.
 TWO  YEARS  AFTER  THE  EFFECTIVE DATE OF THIS PARAGRAPH, THE OFFICE, IN
 CONJUNCTION WITH THE PUBLIC SERVICE COMMISSION  AND  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS, SHALL REEVALUATE THE EFFICACY OF THIS PARAGRAPH
 AND PROPOSE RECOMMENDATIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMIT-
 ED TO, THE CONSIDERATION OF NEW PERTINENT TECHNOLOGY AND/OR INFORMATION.
   §  3.  Section  94-c  of  the executive law is amended by adding a new
 subdivision 9 to read as follows:
   9. RULES AND REGULATIONS.  THE OFFICE SHALL ESTABLISH AND/OR AMEND THE
 RULES AND REGULATIONS PERTAINING TO SUCH OFFICE TO INCLUDE  THE  FOLLOW-
 ING:
   (A)  THE DEFINITION OF PRIME FARMLAND AS DEFINED IN PART 622.04 OF THE
 USDA HANDBOOK AND THE DEFINITIONS OF UNIQUE FARMLAND,  SPECIFIC  CHARAC-
 TERISTICS  OF  UNIQUE  FARMLAND, ADDITIONAL FARMLAND OF STATEWIDE IMPOR-
 TANCE, AND ADDITIONAL FARMLAND OF LOCAL IMPORTANCE  AS  SUCH  TERMS  ARE
 DEFINED IN 7 CFR § 657.5.
   (B)(I) PREAPPLICATION PROCEDURES WHICH REQUIRE APPLICANTS TO:
   (1) SUBMIT A REPORT DELINEATING THE IMPACTS TO PRIME AGRICULTURAL LAND
 AND  PRIME  SOILS,  UNIQUE  FARMLAND AND FARMLAND OF STATEWIDE AND LOCAL
 IMPORTANCE, INCLUDING MINERAL SOILS GROUP (MSG) 1-4 AS  DEFINED  BY  THE
 DEPARTMENT OF AGRICULTURE AND MARKETS;
   (2) SUBMIT A CUMULATIVE IMPACT STUDY AS TO HOW THE USE OF FARMLAND FOR
 SOLAR  SITING WILL IMPACT THE REGIONAL FOOD ECONOMY AND REGIONAL OVERALL
 FARMLAND PROTECTION PLAN; AND
   (3) ENSURE THAT A CRITICAL MASS  OF  FARMLAND  WITHIN  THE  DESIGNATED
 REGION  IS  NOT THREATENED.   TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, THE OFFICE, IN CONJUNCTION WITH THE PUBLIC SERVICE  COMMIS-
 SION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL REEVALUATE THE
 EFFICACY  OF THIS CLAUSE AND PROPOSE RECOMMENDATIONS TO THE LEGISLATURE,
 INCLUDING BUT NOT LIMITED TO, THE CONSIDERATION OF NEW  PERTINENT  TECH-
 NOLOGY AND/OR INFORMATION; AND
   (II) PREFERENCE TO BE GIVEN TO SITES FOR SOLAR DEVELOPMENT THAT ARE ON
 BROWNFIELDS,  LANDFILLS,  PARKING  LOTS, ROOFTOPS, GRAVEL PITS AND OTHER
 AREAS WHERE DISTURBANCE TO LOCAL ECOSYSTEMS  IS  MINIMIZED.  SUCH  SITES
 SHALL BE GRANTED EXPEDITED APPROVAL.
   (C)  APPLICATION PROCEDURES FOR MAJOR RENEWABLE ENERGY FACILITY SITING
 PERMITS.  EACH APPLICATION FOR SUCH PERMIT SHALL REQUIRE:
   (I) THE SUBMISSION OF A CUMULATIVE IMPACT STATEMENT WITHIN  THE  STUDY
 AREA WHICH INCLUDES THE FOLLOWING CRITERIA:
   (1) CATEGORIES BASED ON SOLAR ARRAY SIZE, SPECIFYING THE ARRAY CAPACI-
 TY  AND  HOW  MUCH  POWER  OR  ELECTRICITY  IS EXPECTED TO BE GENERATED,
 ON-SITE OR ASSOCIATED ELECTRIC LOAD, AND THE LAND USE FOOTPRINT, INCLUD-
 ING THE ACREAGE OF LAND UNDERLYING THE ARRAY;
   (2) CUSTOMER TYPE BY IDENTIFYING  THE  END-USE  ENTITY  CONSUMING  THE
 ELECTRICITY  OR  RECEIVING THE ELECTRIC CREDITS GENERATED BY THE PROJECT
 AND HOW SUCH END-USER IS CLASSIFIED IN A UTILITIES' ESTABLISHED ELECTRIC
 RATE STRUCTURES FOR DIFFERENT CUSTOMER CLASSES,  INCLUDING  RESIDENTIAL,
 COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR LOW-INCOME;
   (3) CATEGORIES BASED ON SOLAR ARRAY LOCATION, SPECIFYING WHETHER SOLAR
 ARRAYS  ARE ROOF-MOUNTED, DESIGNATING PREFERRED SITES FOR SOLAR DEVELOP-
 MENT AND INELIGIBLE SITES;
 S. 1793--C                          3
 
   (4) CATEGORIES BASED  ON  SOLAR  ARRAY  DESIGN,  INCLUDING  SPECIFYING
 WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
   (II)  FOR  MAJOR  RENEWABLE  ENERGY FACILITIES SITED ON PRIME SOILS OR
 FARMLANDS, THE APPLICANT TO SUBMIT DECOMMISSIONING PLANS FOR  ARRAYS  ON
 AGRICULTURAL   LAND   AND  DECOMMISSIONING  BONDS  FOR  COMMERCIAL-SCALE
 PROJECTS. SUCH APPLICATIONS SHALL REQUIRE THE APPLICANT TO:
   (1) INCLUDE A DECOMMISSIONING PLAN IN THE APPLICATION;
   (2) SHOW SUBSTANTIAL EVIDENCE THAT ALL STRUCTURES AND  MATERIALS  WILL
 BE  REMOVED  UPON  DECOMMISSIONING  OF  SUCH FACILITY AND TO ENSURE THAT
 SOILS WILL BE CAPABLE OF AGRICULTURAL PRODUCTION; AND
   (3) OBTAIN DECOMMISSIONING SURETY BONDS OR ANOTHER FORM  OF  INSURANCE
 TO SECURE ALL OR A PART OF DECOMMISSIONING COSTS REQUIRED AT THE CONCLU-
 SION OF THE LEASE.
   (D)  REQUIRING  THE  SUBMISSION  OF A FARMLAND CONSERVATION FEE OF ONE
 PERCENT OF THE PRICE PER ACRE OF PRIME  SOIL  OR  PRIME  FARMLAND  WHICH
 SOLAR IS DEVELOPED ON. SUCH FARMLAND CONSERVATION FEE SHALL BE DEPOSITED
 IN  THE  AGRICULTURAL AND FARMLAND VIABILITY PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-PP OF THE STATE FINANCE LAW.
   (E) FARMLAND PROTECTION AND  CONSIDERATION  OF  LOCAL  ECONOMIES.  THE
 OFFICE  SHALL  TAKE  INTO  ACCOUNT  THE  REGIONAL  IMPACTS, BASED ON THE
 REGIONAL ECONOMIC DEVELOPMENT COUNCIL REGION, ON FARMLAND  PRESERVATION,
 LOCAL FOOD SUPPLY CHAINS, AND STATEWIDE FOOD SECURITY; PROVIDED THAT THE
 OFFICE  SHALL  ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN THE DESIG-
 NATED REGION IS NOT  THREATENED.  THE  OFFICE  SHALL  ALSO  REQUIRE  THE
 PERMITTEE  TO COORDINATE WITH COUNTY-LEVEL GOVERNMENTS TO ENSURE NO MORE
 LAND MASS SHALL BE DEVELOPED FOR  SOLAR  ENERGY  DEVELOPMENT  THAN  WILL
 SIGNIFICANTLY  NEGATIVELY IMPACT THE LOCAL ECONOMY.  TWO YEARS AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION, THE OFFICE, IN CONJUNCTION WITH  THE
 PUBLIC SERVICE COMMISSION AND THE DEPARTMENT OF AGRICULTURE AND MARKETS,
 SHALL  REEVALUATE THE EFFICACY OF THIS PARAGRAPH AND PROPOSE RECOMMENDA-
 TIONS TO THE LEGISLATURE, INCLUDING BUT NOT LIMITED  TO,  THE  CONSIDER-
 ATION OF NEW PERTINENT TECHNOLOGY AND/OR INFORMATION.
   §  4.  This act shall take effect immediately; provided, however, that
 the amendments to section 94-c of the executive  law  made  by  sections
 one,  two  and  three  of  this  act shall not affect the repeal of such
 section and shall be deemed repealed therewith.

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