S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5908
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Energy
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08114-01-5
              

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   § 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
 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,
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 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
 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
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 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
 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.