* § 138. General provisions related to establishing standards related
to siting major renewable energy facilities. 1. (a) ORES shall be
authorized to establish and amend, subject to the approval of the
commission, a set of uniform standards and conditions for the siting,
design, construction and operation of each type of major renewable
energy facility subject to this article relevant to issues that are
common for particular classes and categories of major renewable energy
facilities, in consultation with other offices within the department,
the New York state energy research and development authority, the
department of environmental conservation, the department of agriculture
and markets, and other relevant state agencies and authorities with
subject matter expertise.

(b) The uniform standards and conditions established pursuant to this
subdivision shall be designed to avoid or minimize, to the maximum
extent practicable, any potential significant adverse environmental
impacts 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 ORES determines are common to
each type of major renewable energy facility.

(c) In its review of an application for a permit to develop a
major-renewable energy facility, ORES, in consultation with the
department of environmental conservation, shall identify those
site-specific adverse environmental impacts, if any, that may be caused
or contributed to by a specific proposed major renewable energy facility
and are unable to be addressed by the uniform standards and conditions.
ORES shall draft, in consultation with the department of environmental
conservation, site-specific permit terms and conditions for such
impacts, including provisions for the avoidance or mitigation thereof,
taking into account the CLCPA targets and the environmental benefits of
the proposed major renewable energy facility; provided, however, that
ORES shall require that the application of uniform standards and
conditions and site-specific conditions shall achieve a net conservation
benefit to any impacted endangered and threatened species.

2. To the extent that adverse environmental impacts are not completely
addressed by uniform standards and conditions and site-specific major
renewable energy facility siting permit conditions proposed by ORES, and
ORES determines that mitigation of such impacts may be achieved by
off-site mitigation, ORES may require payment of a fee by the applicant
to achieve such off-site mitigation. If ORES determines, in consultation
with the department of environmental conservation, that mitigation of
impacts to endangered or threatened species that achieves a net
conservation benefit can be achieved by off-site mitigation, the amount
to be paid for such off-site mitigation shall be set forth in the final
major renewable energy facility siting permit. ORES may require payment
of funds sufficient to implement such off-site mitigation into the
endangered and threatened species mitigation bank fund established
pursuant to section ninety-nine-hh of the state finance law.

3. ORES, in consultation with the department, shall promulgate rules
and regulations with respect to all necessary requirements to implement
the siting permit program established in this article and promulgate
modifications to such rules and regulations as it deems necessary;
provided that ORES shall promulgate regulations requiring the service of
applications on affected municipalities and political subdivisions
simultaneously with submission of an application. Any such rules and
regulations, or any amendments or modifications thereto, shall be
subject to the approval of the public service commission before they
become effective.

4. The uniform standards and conditions established pursuant to this
section shall be designed to avoid, minimize, or mitigate to the maximum
extent practicable, potential significant adverse impacts to land used
in agricultural production, with additional consideration for land
within an agricultural district or land that contains mineral soil
groups 1-4. The provisions of this subdivision shall not apply in the
consideration of any permits for siting, design, construction, or
operation of a major renewable energy facility for which a completed
application has been received by the office of renewable energy siting
and electric transmissions prior to the adoption of amended uniform
standards and conditions consistent with this subdivision.

5. The office of renewable energy siting and electric transmission
pursuant to section three-c of this chapter, in consultation with the
department, shall post, maintain, and regularly update on its website a
statewide map with the location, approximate acreage, and generation
capacity of each approved and proposed facility pursuant to this article
or renewable electric generating facility pursuant to article ten of
this chapter for which permitted, complete, or incomplete applications
or notices of intent have been received by such office or the public
service commission. Such statewide map may include any additional
information such office deems necessary. The information required
pursuant to this subdivision shall be updated upon the completion of
each new or updated application for a proposed facility.

* NB Repealed December 31, 2040