S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3117
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO,  WOERNER,  STIRPE  -- read once and
   referred to the Committee on Energy
 
 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
 DEVELOPMENT  COUNCIL  REGION  SHALL HAVE SOLAR DEVELOPED AND ENSURE THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-01-3
              

 A. 3117                             2
 
 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
 A. 3117                             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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3117--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO,  WOERNER,  STIRPE  -- read once and
   referred to the Committee on  Energy  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.
                                                            LBD05683-05-3
              

 A. 3117--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;
 A. 3117--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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3117--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO,  WOERNER,  STIRPE  -- read once and
   referred to the Committee on  Energy  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05683-07-3
              

 A. 3117--B                          2
 
 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;
   (4) CATEGORIES BASED  ON  SOLAR  ARRAY  DESIGN,  INCLUDING  SPECIFYING
 WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
 A. 3117--B                          3
 
   (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.