NY State Senate Bill 2023-S9931

Senate Bill S9931

2023-2024 Legislative Session

Authorizes local municipalities and political subdivisions to have final say on if a renewable energy power plant can be sited in such municipalities or political subdivision's jurisdiction

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Current Bill Status - In Senate Committee Rules 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
Oct 11, 2024	referred to rules

2023-S9931 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§142 & 144, add §§142-a & 149, Pub Serv L; add §5-338, Gen Ob L; add Art 45-A §§1510 - 1512, Gen Bus L

2023-S9931 (ACTIVE) - Summary

Authorizes local municipalities and political subdivisions to have final say on if a renewable energy power plant can be sited in such municipalities' or political subdivisions' jurisdiction; establishes conflict of interest standards for approving the siting of a renewable energy power plant in a local municipality or political subdivision; requires the office of renewable energy siting and electric transmissions establish a database to collect and display host agreements and land contracts for renewable energy power plants; establishes contract standards concerning the forfeiture of mineral rights for the siting of renewable energy power plants

2023-S9931 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9931

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the public service law, the general obligations law and
the general business law, in relation to regulating the placement of
renewable energy sources on public and private land; and providing for
the repeal of certain provisions upon expiration thereof

 
PURPOSE:

The bill authorizes local municipalities and political subdivisions to
have final say on whether a renewable energy power plant can be sited in
such municipalities or political subdivision's jurisdiction.

 
SUMMARY OF PROVISIONS:

Section 1. Any municipality, political subdivision or agency that has
received notice of the filing of an application, pursuant to re gula-
tions promulgated in accordance with this article, the municipality or
political subdivision or agency shall within the time frame established

by this subdivision submit a statement to ORES indicating whether the
proposed project is constructed or operated in compliance with local
laws and regulations. If the proposed project is not compliant with
local laws and regulations the application sh all be denied. ORES will
no longer hold a nonadjudicatory hearing about the application in or
near one or more of the affected munici palities or political subdivi-
sions. ORES and the department will no longer designate members of its
staff to represent the public interest.

Section 2. An application will not be considered complete if it provides
compensation or a host agreement to a local elected official of a muni-
cipality or political subdivision, government employee, or their immedi-
ate family members. If a municipality or political subdivision is decid-
ing on the siting of a proposed project, any individual who stands to
receive compensation or a host agreement due to the project's approval
shall be required to recuse themselves from the vote. Furthermore, such
individual or individuals are not allowed to participate in any
discussions or deliberations regarding the project's approval.

Section 3. The Office of Renewable Energy Siting and Electric Trans-
missions shall create and maintain a publicly accessible database of all
host agreements and land contracts related to major renewable energy
facilities in New York State. This database must be avail able in an
electronic format on the Office's website, and all host agreements and
land contracts must be unredacted.

Section 4. No state agency, department, authority, municipality, poli-
tical subdivision, or any of their agencies may require the deco mmis-
sioning of a major electric transmission facility for which a siting
permit application has been filed, except as expressly authorized under
this article or its rules and regulations.

In the case of a major renewable energy facilities agreements with a
municipality or political subdivision, the municipality or subdi vision
may require various approvals, consents, permits, certificates,
contracts, agreements, or other conditions for the development , design,
construction, operation, or decommissioning of the facility before
approving an application. They must hire independent att orneys to
review these agreements, and the renewable energy facility (providing
wind or solar power) is prohibited from supplying attorneys to the muni-
cipality or political subdivision.

Section 5. Any agreement or promise, whether written or verbal, explicit
or implied, in any contract or employment agreement between any person,
company, or organization and any municipality, political subdivision, or
private landowner for selling land to build a ma jor renewable energy
facility must not include a clause that requires the seller to give up
mineral rights.

Section 6. Renewable Energy Solicitors.

Definitions:

"Renewable Energy Resources" shall include sources which are capable of
being continuously restored by natural or other means or are so large as
to be useable for centuries without significant depletion and include
but are not limited to solar, wind, plant and forest products, wastes,
tidal, hydro, geothermal, deuterium, and hydrogen.

"Renewable Energy Resources Agency" a person, firm or corporation
engaged in business, the principal purpose of which is to solicit public
agencies, municipalities, or private individuals to purchase a renewable
energy resource power plant.

"Communication" the conveying of information regarding renewable energy
resources directly or indirectly to any person through any medium.

"Renewable Energy Resources Solicitor" an individual who, as part of
such individual's job, to solicit agencies, municipalities, or private
individuals to purchase a renewable energy resource power plant.

Prohibited practices. No renewable energy resources agency or its agents
shall, Impersonate a law enforcement officer or a representa tive of any
governmental agency of the state of New York or its political subdivi-
sions in any manner; Communicate with agencies, muni cipalities, or
private individuals, including their family or household members, with
such frequency, at such unusual hours, or in such a manner that could
reasonably be expected to abuse or harass the agency, municipality, or
private individual; Use any communicati on that simulates legal or judi-
cial processes or gives the appearance of being authorized, issued, or
approved by a government, governmental agency, or attorney at law when
it is not.

violations and penalties. Any person who violates the prohibited prac-
tices is guilty of a misdemeanor, and each such violation shall be
deemed a separate offense. The attorney general or the district attorney
of any county may bring an action in the name of the people of the state
to restrain or prevent any violation of this article or any continuance
of any such violation.

Section 7. This act shall take effect immediately; provided, however,
the amendments to article eight of the public service law made by
sections one, two, three, and four of this act shall not affect the
repeal of such article and shall be deemed repealed therewith; and
provided further, that sections five and six of this act shall expire
and be deemed repealed on the same date and in the same ma nner as
section 11 of part 0 of chapter 58 of the laws of 2024.

 
JUSTIFICATION:

This legislation is designed to ensure that renewable energy projects
are developed with responsibility, transparency, and adherence to local
and state regulations, thereby fostering public trust and promoting
sustainable development.

Under this bill, project applications that do not comply with local laws
will be denied, empowering municipalities to enforce their r egulations
and retain control over developments within their jurisdictions. Addi-
tionally, it prohibits compensation or host agreements with local offi-
cials and their immediate family members, while requiring recusal from
votes related to any compensation received.  This measure is crucial for
maintaining impartiality in decision-making, thus strengthening public
trust and integrity in the approval process.

Furthermore, all host agreements and land contracts must be publicly
accessible, enhancing transparency and enabling public oversight.  This
openness can deter unethical practices and promote fairness, ensuring
that taxpayers have full access to all relevant document s related to
projects funded by their contributions. Since virtually all these
projects involve taxpayer subsidies, all contracts and agreements should
be public.

The bill also clarifies that state, and local agencies cannot mandate
the decommissioning of major electric transmission facilities u nless
specifically authorized by law. This provision provides legal clarity
and stability, preventing arbitrary decommissioning that could disrupt
energy infrastructure. For major renewable energy facilities, munici-
palities can impose various requirements for develo pment and operation,
including hiring independent attorneys for agreement reviews. This
requirement ensures unbiased legal counsel an d addresses local
concerns, promoting better integration with community standards.

Moreover, the bill prohibits clauses that force landowners to relinquish
mineral rights when signing host agreements. By doing so, it protects
landowners' control over their resources and prevents exploitation by
renewable energy developers, ensuring that they retain the rights to any
minerals beneath their property.

Finally, the legislation establishes clear boundaries for renewable
energy solicitors to prevent impersonation of law enforcement or govern-
ment officials and to curb abusive communication practices.  Violations
of these boundaries will be classified as misdemeanors, with penalties
aimed at deterring such behavior.

Overall, this bill is vital for ensuring responsible development of
renewable energy projects, protecting local governance, and fostering an
environment of trust and accountability within communities.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to article eight of the public service law made by sections one,
two, three, and four of this act shall not affect the repeal of such
article and shall be deemed repealed therewith; and provid ed further,
that sections five and six of this act shall expire and be deemed
repealed on the same date and in the same manner as section 11 of part 0
of chapter 58 of the laws of 2024.

2023-S9931 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9931
 
                             I N  S E N A T E
 
                             October 11, 2024
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public service law, the general obligations law  and
   the  general  business law, in relation to regulating the placement of
   renewable energy sources on public and private land; and providing for
   the repeal of certain provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 142 of the public service law, as
 added by section 11 of part O of chapter 58 of  the  laws  of  2024,  is
 amended to read as follows:
   3.  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 article, the munici-
 pality or political subdivision or agency thereof shall within the time-
 frames established by this subdivision submit a statement to ORES  indi-
 cating whether the proposed project is designed to be sited, constructed
 and  operated  in compliance with applicable local laws and regulations,
 if any, concerning the environment, or public health and safety. In  the
 event  that  a  municipality, political subdivision or an agency thereof
 submits a statement to ORES that the proposed project is not designed to
 be sited, constructed or operated in  compliance  with  local  laws  and
 regulations  [and ORES determines not to hold an adjudicatory hearing on
 the application, ORES shall hold a non-adjudicatory public hearing in or
 near one or more of the affected municipalities  or  political  subdivi-
 sions.  In  any such adjudicatory hearing, ORES or the department, shall
 designate members of its staff to represent the public interest, includ-
 ing with respect to the application of local and state laws] SUCH APPLI-
 CATION SHALL BE DENIED.
   § 2. The public service law is amended by adding a new  section  142-a
 to read as follows:
   § 142-A. PROHIBITION ON CONFLICTS OF INTEREST. 1. NO APPLICATION SHALL
 BE  DEEMED COMPLETED IF SUCH APPLICATION PROVIDES COMPENSATION OR A HOST
 AGREEMENT TO A LOCAL ELECTED OFFICIAL OF  A  MUNICIPALITY  OR  POLITICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16212-01-4
 S. 9931                             2
 
 SUBDIVISION, GOVERNMENT EMPLOYEE, OR  AN IMMEDIATE FAMILY MEMBER OF SUCH
 A LOCAL ELECTED OFFICIAL OR GOVERNMENT EMPLOYEE.
   2.  WHERE  A  MUNICIPALITY  OR  POLITICAL  SUBDIVISION IS TO DETERMINE
 WHETHER A PROPOSED PROJECT IS DESIGNED TO BE SITED, CONSTRUCTED OR OPER-
 ATED IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND  REGULATIONS  PURSUANT
 TO  SECTION ONE HUNDRED FORTY-TWO OF THIS ARTICLE,  IF ANY INDIVIDUAL OR
 INDIVIDUALS WHO PARTICIPATE IN VOTING ON APPROVING  SUCH  PROJECT  WOULD
 RECEIVE  COMPENSATION  OR  A  HOST AGREEMENT AS A RESULT OF SUCH PROJECT
 BEING APPROVED, SUCH INDIVIDUAL OR  INDIVIDUALS  SHALL  BE  REQUIRED  TO
 RECUSE  THEMSELVES FROM SUCH VOTE. FURTHERMORE, SUCH INDIVIDUAL OR INDI-
 VIDUALS SHALL NOT PARTICIPATE IN ANY  DISCUSSIONS  OR  DELIBERATIONS  ON
 WHETHER SUCH PROPOSED PROJECT SHOULD BE APPROVED.
   §  3. The public service law is amended by adding a new section 149 to
 read as follows:
   § 149. TRANSPARENCY  REQUIREMENTS.  THE  OFFICE  OF  RENEWABLE  ENERGY
 SITING  AND  ELECTRIC TRANSMISSIONS SHALL ESTABLISH AND MAINTAIN A DATA-
 BASE OF ALL HOST AGREEMENTS AND LAND CONTRACTS RELATED TO MAJOR  RENEWA-
 BLE  ENERGY  FACILITIES  BUILT  IN  THE STATE OF NEW YORK. SUCH DATABASE
 SHALL BE IN AN ELECTRONIC FORMAT  ON  THE  OFFICE  OF  RENEWABLE  ENERGY
 SITING  AND  ELECTRIC  TRANSMISSIONS  WEBSITE  AND MADE AVAILABLE TO THE
 PUBLIC. SUCH HOST AGREEMENTS AND LAND CONTRACTS SHALL BE UNREDACTED.
   § 4. Section 144 of the public service law, as added by section 11  of
 part O of chapter 58 of the laws of 2024, is amended to read as follows:
   § 144. Powers of municipalities and state agencies and authorities. 1.
 Applicants  shall, prior to filing an application, conduct meetings with
 the respective chief executive officer of all  municipalities  in  which
 the proposed major renewable generation facility or major electric tran-
 smission  facility  will be located. The applicant shall provide as part
 of the application presentation materials and  a  summary  of  questions
 raised, and responses provided during such meetings with municipalities.
 In the event the applicant is unable to secure a meeting with a relevant
 municipality the application shall contain a detailed explanation of all
 of  the  applicant's best efforts and reasonable attempts to secure such
 meeting, including, but not limited to, written  communications  between
 the applicant and the municipality.
   2. Notwithstanding any other provision of law, including without limi-
 tation  article  eight of the environmental conservation law and article
 VII of this chapter, no other state agency, department or authority,  or
 any  municipality  or  political  subdivision or any agency thereof may,
 except as expressly authorized under this article or the rules and regu-
 lations promulgated under this article, require any  approval,  consent,
 permit,  certificate,  contract,  agreement,  or other condition for the
 development, design, construction, operation, or decommissioning  of  [a
 major renewable energy facility or] a major electric transmission facil-
 ity  with  respect  to which an application for a siting permit has been
 filed, provided in the case of a municipality, political subdivision  or
 an  agency thereof, such entity has received notice of the filing of the
 application therefor. Notwithstanding the foregoing, the  department  of
 environmental  conservation  shall  be the permitting agency for permits
 issued pursuant to federally delegated or federally approved programs.
   3. IN THE CASE OF A MAJOR RENEWABLE ENERGY FACILITIES AGREEMENTS  WITH
 A  MUNICIPALITY OR POLITICAL SUBDIVISION, SUCH MUNICIPALITY OR POLITICAL
 SUBDIVISION MAY REQUIRE  ANY  APPROVAL,  CONSENT,  PERMIT,  CERTIFICATE,
 CONTRACT,  AGREEMENT,  OR  OTHER  CONDITION FOR THE DEVELOPMENT, DESIGN,
 CONSTRUCTION, OPERATION, OR DECOMMISSIONING OF A MAJOR RENEWABLE  ENERGY
 FACILITY  PRIOR TO GIVING APPROVAL FOR AN APPLICATION. SUCH MUNICIPALITY
 S. 9931                             3
 
 OR POLITICAL SUBDIVISION SHALL HIRE AND RETAIN INDEPENDENT ATTORNEYS  TO
 REVIEW  SUCH  AGREEMENTS  AND  APPLICANTS  FOR  A MAJOR RENEWABLE ENERGY
 FACILITY THAT PROVIDES WIND OR SOLAR  POWER  SHALL  BE  PROHIBITED  FROM
 PROVIDING ATTORNEYS TO SUCH MUNICIPALITY OR POLITICAL SUBDIVISION.
   4.  This  section  shall  not impair or abrogate any federal, state or
 local  labor  laws  or  any  otherwise  applicable  state  law  for  the
 protection  of  employees engaged in the construction and operation of a
 major renewable energy facility or major electric transmission facility.
   [4.] 5. ORES and the department shall monitor, enforce and  administer
 compliance  with  any  terms and conditions set forth in a siting permit
 issued pursuant to this article and in doing so  may  use  and  rely  on
 authority otherwise available under this chapter.
   §  5.  The  general obligations law is amended by adding a new section
 5-338 to read as follows:
   § 5-338. AGREEMENTS CONCERNING THE SITING OF  MAJOR  RENEWABLE  ENERGY
 FACILITIES.  EVERY  UNDERTAKING  OR  PROMISE,  WHETHER  WRITTEN OR ORAL,
 EXPRESS OR IMPLIED, CONSTITUTING OR CONTAINED, IN ANY CONTRACT OR AGREE-
 MENT OF HIRING OR EMPLOYMENT  BETWEEN  ANY  INDIVIDUAL,  FIRM,  COMPANY,
 ASSOCIATION OR CORPORATION AND ANY MUNICIPALITY OR POLITICAL SUBDIVISION
 AND  PRIVATE  LANDOWNER  FOR  THE SALE OF LAND FOR THE SITING OF A MAJOR
 RENEWABLE ENERGY FACILITY AS CONTEMPLATED BY ARTICLE EIGHT OF THE PUBLIC
 SERVICE LAW SHALL NOT CONTAIN  A  CLAUSE  REQUIRING  THE  FORFEITURE  OF
 MINERAL RIGHTS.
   §  6. The general business law is amended by adding a new article 45-A
 to read as follows:
                               ARTICLE 45-A
                        RENEWABLE ENERGY SOLICITORS
 SECTION 1510. DEFINITIONS.
         1511. PROHIBITED PRACTICES.
         1512. VIOLATIONS AND PENALTIES.
   § 1510. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS  THE  CONTEXT  OR
 SUBJECT MATTER OTHERWISE REQUIRES:
   1. "RENEWABLE ENERGY RESOURCES" SHALL HAVE THE SAME MEANING AS DEFINED
 IN SECTION 1-103 OF THE ENERGY LAW.
   2.  "RENEWABLE  ENERGY  RESOURCES AGENCY" SHALL MEAN A PERSON, FIRM OR
 CORPORATION ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE OF  WHICH  IS  TO
 SOLICIT  PUBLIC  AGENCIES,  MUNICIPALITIES,  OR  PRIVATE  INDIVIDUALS TO
 PURCHASE A RENEWABLE ENERGY RESOURCE POWER PLANT.
   3. "COMMUNICATION" SHALL MEAN THE CONVEYING OF  INFORMATION  REGARDING
 RENEWABLE  ENERGY RESOURCES DIRECTLY OR INDIRECTLY TO ANY PERSON THROUGH
 ANY MEDIUM.
   4. "RENEWABLE ENERGY RESOURCES SOLICITOR" MEANS AN INDIVIDUAL WHO,  AS
 PART  OF  SUCH INDIVIDUAL'S JOB, TO SOLICIT AGENCIES, MUNICIPALITIES, OR
 PRIVATE INDIVIDUALS TO PURCHASE A RENEWAL ENERGY RESOURCE POWER PLANT.
   § 1511. PROHIBITED PRACTICES. NO RENEWABLE ENERGY RESOURCES AGENCY  AS
 DEFINED BY THIS ARTICLE, OR SUCH AGENCY'S AGENT SHALL:
   1.  SIMULATE  IN  ANY MANNER A LAW ENFORCEMENT OFFICER, OR A REPRESEN-
 TATIVE OF ANY GOVERNMENTAL AGENCY OF THE STATE OF NEW YORK OR ANY OF ITS
 POLITICAL SUBDIVISIONS;
   2. COMMUNICATE WITH AGENCIES, MUNICIPALITIES, OR PRIVATE  INDIVIDUALS,
 INCLUDING, BUT NOT LIMITED TO, ANY PRIVATE INDIVIDUALS' FAMILY OR HOUSE-
 HOLD  MEMBERS, WITH SUCH FREQUENCY OR AT SUCH UNUSUAL HOURS OR IN SUCH A
 MANNER AS CAN REASONABLY BE EXPECTED TO  ABUSE  OR  HARASS  THE  AGENCY,
 MUNICIPALITY OR PRIVATE INDIVIDUAL; OR
   3. USE A COMMUNICATION WHICH SIMULATES IN ANY MANNER LEGAL OR JUDICIAL
 PROCESS,  OR  WHICH GIVES THE APPEARANCE OF BEING AUTHORIZED, ISSUED, OR
 S. 9931                             4
 
 APPROVED BY A GOVERNMENT, GOVERNMENTAL AGENCY, OR ATTORNEY AT  LAW  WHEN
 IT IS NOT.
   §  1512.  VIOLATIONS AND PENALTIES. 1. EXCEPT AS OTHERWISE PROVIDED BY
 LAW, ANY PERSON WHO VIOLATES THE TERMS OF SECTION FIFTEEN HUNDRED ELEVEN
 OF THIS ARTICLE IS GUILTY OF A  MISDEMEANOR,  AND  EACH  SUCH  VIOLATION
 SHALL BE DEEMED A SEPARATE OFFENSE.
   2.  THE  ATTORNEY  GENERAL  OR THE DISTRICT ATTORNEY OF ANY COUNTY MAY
 BRING AN ACTION IN THE NAME OF THE PEOPLE OF THE STATE  TO  RESTRAIN  OR
 PREVENT  ANY  VIOLATION  OF  THIS ARTICLE OR ANY CONTINUANCE OF ANY SUCH
 VIOLATION.
   § 7. This act shall take effect immediately;  provided,  however,  the
 amendments  to article 8 of the public service law made by sections one,
 two, three and four of this act shall not  affect  the  repeal  of  such
 article  and  shall  be deemed repealed therewith; and provided further,
 that sections five and six of  this  act  shall  expire  and  be  deemed
 repealed on the same date and in the same manner as section 11 of part O
 of chapter 58 of the laws of 2024.

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