* § 1902. Powers and duties. The authority is hereby authorized and
directed to undertake such actions it deems necessary or convenient to
foster and encourage the siting and development of build-ready sites
throughout the state in accordance with this title, work in
collaboration with the department of public service and the New York
state urban development corporation and any of their affiliates,
including without limitation:

1. (a) Locate, identify and assess sites within the state that appear
suitable for the development of build-ready sites with a priority given
to dormant electric generating sites, and preference to previously
developed sites, provided that land used in agricultural production as
defined by the department of agriculture and markets, with additional
consideration for land within an agricultural district or land that
contains mineral soil groups 1-4, shall not be deemed suitable for the
development of a build-ready site except when necessary for generator
lead lines and other equipment needed for interconnection of projects to
the electric system. Such assessment may include but need not be limited
to the following considerations:

(i) natural conditions at the site that are favorable to renewable
energy generation;

(ii) current land uses at or near the site;

(iii) environmental conditions at or near the site;

(iv) the availability and characteristics of any transmission or
distribution facilities on or near the site that could be used to
facilitate the delivery of energy from the site, including existing or
potential constraints on such facilities;

(v) the potential for the development of energy storage facilities at
or near the site;

(vi) potential impacts of development on environmental justice
communities; and

(vii) expressions of commercial interest in the site or general
location by developers of major renewable energy facilities.

(b) (i) In making such assessment the authority shall give priority to
previously developed sites, existing or abandoned commercial sites,
including without limitation brownfields, landfills, former commercial
or industrial sites, dormant electric generating sites, or otherwise
underutilized sites; and

(ii) the authority may establish a renewable energy generation project
in furtherance of an agrivolatic project, where "agrivoltaic project"
shall mean the simultaneous use of areas of land for both solar power
generation and agriculture, specific to the practice of such dual-use
solar energy project, where any of the previously developed sites listed
in subparagraph (i) of this paragraph is reclaimed as farmland.

2. Notwithstanding any provision of law to the contrary that would
require the authority to locate sites through a competitive procurement,
negotiate and enter into agreements with persons who own or control
interests in favorable sites for the purpose of securing the rights and
interests necessary to enable the authority to establish build-ready
sites;

3. Establish procedures and protocols for the purpose of establishment
and transfer of build-ready sites which shall include, at a minimum: (a)
written notice at the earliest practicable time to a municipality in
which a potential build-ready site has been identified, provided
however, that the authority shall not deem any site for qualified energy
storage systems suitable without first consulting any municipalities
with jurisdiction over the potential build-ready site and obtaining
their approval; and (b) a preliminary screening process to determine, in
consultation with the department of environmental conservation, whether
the potential build-ready site is located in or near an environmental
justice area and whether an environmental justice area would be
adversely affected by development of a build-ready site;

4. Undertake all work and secure such permits as the authority deems
necessary or convenient to facilitate the process of establishing
build-ready sites and for the transfer of the build-ready sites to
developers selected pursuant to a publicly noticed, competitive bidding
process authorized by law;

* 5. Notwithstanding title five-A of article nine of this chapter or
section two thousand eight hundred twenty-seven-a of this chapter,
establish a build-ready program, including eligibility and other
criteria, pursuant to which the authority would, through a competitive
and transparent bidding process, and using single purpose project
holding companies established by or on behalf of the authority and
having no separate and independent operational control, acquire, sell
and transfer rights and other interests in build-ready sites and
development rights to developers for the purpose of facilitating the
development of renewable energy facilities on such build-ready sites,
which single purpose project holding companies shall be subject to the
laws of this chapter until conveyed to third parties. Such transactions
may include the transfer of rights, interests and obligations existing
under agreements providing for host community benefits negotiated by the
authority pursuant to programs established pursuant to subdivision six
of this section on such terms and conditions as the authority deems
appropriate;

* NB Effective until April 19, 2030

* 5. Notwithstanding title five-A of article nine of this chapter,
establish a build-ready program, including eligibility and other
criteria, pursuant to which the authority would, through a competitive
and transparent bidding process, transfer rights and other interests in
build-ready sites and development rights to developers for the purpose
of facilitating the development of renewable energy facilities on such
build-ready sites. Such transactions may include the transfer of rights,
interests and obligations existing under agreements providing for host
community benefits negotiated by the authority pursuant to programs
established pursuant to subdivision six of this section on such terms
and conditions as the authority deems appropriate;

* NB Effective April 19, 2030

6. Establish one or more programs pursuant to which property owners
and communities would receive incentives to host major renewable energy
facilities or qualified energy storage systems developed for the purpose
of advancing the state policies embodied in this article. Such program
may include without limitation, and notwithstanding any other provision
of law to the contrary, provisions for the authority to negotiate and
enter into agreements with property owners and host communities
providing for incentives, including a payment in lieu of taxes, the
transfer of the authority's interests in such agreements to developers
to whom build-ready sites are transferred, and the provision of
information and guidance to stakeholders concerning incentives. The
authority shall maintain a record of such programs and incentives, and
shall publish such record on the authority's website;

7. Procure the services of one or more service providers, including
without limitation environmental consultants, engineers and attorneys,
to support the authority's responsibilities under this section and
perform such other functions as the authority deems appropriate;

8. In consultation with the department of economic development, the
department of labor and other state agencies and authorities having
experience with job training programs, assess the need for and
availability of workforce training in the local area of build-ready
sites to support green jobs development with special attention to
environmental justice communities and, subject to available funding,
establish one or more programs pursuant to which financial support can
be made available for the local workforce and under-employed populations
in the area;

9. Manage, allocate and spend any monies made available to the
authority in furtherance of this title as the authority determines to be
appropriate for the proper administration of programs created pursuant
to this title. The authority shall, in identifying build-ready sites,
consider the ability to recoup funds allocated or spent in furtherance
of the programs created pursuant to this title. Any proceeds, less
program expenses and administration, so earned by the authority pursuant
to this title shall be reinvested in accordance with a plan approved by
the commission;

10. Where the authority determines that it would be beneficial to the
policy embodied in this title, offer financing or other incentives to
eligible developers through a competitive process, including without
limitation measures and activities undertaken by the authority in
conjunction with its administration of the state's clean energy standard
or similar program as established in commission orders, including
without limitation orders issued in commission case number 15-E-0302;
and

11. Request and receive the assistance of, the departments or any
other state agency or authority, within their respective relevant
subject matter expertise, to support the administration of the program
created pursuant to this title.

* NB Repealed December 31, 2030