Prohibits the issuing of major renewable energy and major electric transmission facility siting permits in designated grassland bird conservation centers including, but not limited to, three such centers in Jefferson county, one center in Saint Lawrence county, the Oak-Orchard-Iroquois center, the Washington County Grasslands center, the Finger Lakes National Forest center and the Shawangunk Grasslands.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9639
SPONSOR: Woerner TITLE OF BILL:
An act to amend the public service law, in relation to prohibiting the
issuing of major renewable energy and major electric transmission facil-
ity siting permits in designated grassland bird conservation centers
PURPOSE OR GENERAL IDEA OF BILL:
This bill prohibits the siting of solar farms and other renewable energy
facilities in DEC-designated grassland bird conservation centers.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 6 to Public Service Law 138 to prohibit
the siting of major renewable energy facilities in DEC-designated grass-
land bird conservation centers.
Section 2 adds a new subdivision 7 to Public Service Law 139 to prohibit
the siting of major electric transmission facilities in DEC-designated
grassland bird conservation centers.
Section 3 provides an effective date.
JUSTIFICATION:
Grasslands are among the most endangered habitats in the country, disap-
pearing quickly to development and sprawl. Many birds and .other species
of plants and animals that depend on grasslands for survival are endan-
gered, threatened or at risk of extinction or extirpation. Recognizing
the threat to grasslands, DEC has designated eight grassland tracts with
ecologically significant bird populations as "grassland bird conserva-
tion centers" around the state. Three of these centers are in Jefferson
County, and there is one center each in Washington, St. Lawrence and
Ulster counties, as well as two multi-county centers; the Oak Orchard-
Iroquois center in Niagara, Orleans and Genessee counties and the Finger
Lakes National Forest center in Seneca and Schuyler counties, These
centers are critical grassland bird habitat, housing some of our most
vulnerable bird species; short-eared owls, northern harriers, American
Kestrels, eastern meadowlarks, grasshopper sparrows, sedge wrens, upland
sandpipers, snowy owls, snow buntings and horned larks as well as more
common raptors like bald eagles and red-tailed hawks. When the grass-
lands disappear, the birds go with them.
Solar farms are often sited in grasslands. Grasslands are open and easy
to develop, making them attractive to solar providers, with few trees to
be cut down and no other major geographic or human-built obstacles.
Boralex, a global energy company headquartered in Quebec, is currently
seeking permission to site a 527-acre solar farm in the middle of the
Washington County Grassland Bird Conservation Center in Fort Edward, New
York. Despite broad public condemnation of the project, ORES seems to be
ready to grant the company permission to build its massive solar farm in
this fragile ecosystem that should be protected by the state, requiring
only 0.2 acres of mitigation for every acre of bird breeding habitat or
bird overwintering habitat taken by Boralex.
This should not be happening. While no one disputes the importance of
strengthening our state's renewable energy system, under no circum-
stances should the growth of renewable energy outweigh the need to
protect and preserve our unique and rich natural environment. New York
is a large state; no solar project need ever be installed in an environ-
mentally sensitive bird conservation area.
This bill would prohibit the siting of solar. wind farms or other renew-
able energy facilities in DEC-designated bird conservation centers.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9639
IN ASSEMBLY
January 21, 2026
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to prohibiting the
issuing of major renewable energy and major electric transmission
facility siting permits in designated grassland bird conservation
centers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 138 of the public service law is amended by adding
2 a new subdivision 6 to read as follows:
3 6. Notwithstanding any other provision of the law, no major renewable
4 energy siting permit shall be issued for a site located in a department
5 of environmental conservation designated grassland bird conservation
6 center, including, but not limited to, three such centers in Jefferson
7 county, one center in Saint Lawrence county, the Oak-Orchard-Iroquois
8 center, the Washington County Grasslands center, the Finger Lakes
9 National Forest center and the Shawangunk Grasslands.
10 § 2. Section 139 of the public service law is amended by adding a new
11 subdivision 7 to read as follows:
12 7. Notwithstanding any other provision of the law, no major electric
13 transmission facility siting permit shall be issued for a site located
14 in a department of environmental conservation designated grassland bird
15 conservation center, including, but not limited to, three such centers
16 in Jefferson county, one center in Saint Lawrence county, the Oak-Orch-
17 ard-Iroquois center, the Washington County Grasslands center, the Finger
18 Lakes National Forest center and the Shawangunk Grasslands.
19 § 2. This act shall take effect immediately; provided, however, that
20 the amendments made to sections 138 and 139 of the public service law
21 made by sections one and two of this act shall not affect the repeal of
22 such sections and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14504-01-6
