Relates 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3117C
SPONSOR: Lupardo
 
TITLE OF BILL:
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 renew-
able energy siting to establish or amend rules and regulations pertain-
ing to renewable energy siting facilities
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to establish 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 require the office of renewable energy siting to
establish or amend rules and regulations pertaining to renewable energy
siting facilities.
 
SUMMARY OF PROVISIONS:
Section 1: Amends paragraph (c) of subdivision 3 of section 94-c of the
executive law by requiring the office of renewable energy siting to
consider agricultural impacts on active agricultural lands when review-
ing the siting, design, construction and operation of a major renewable
energy facility.
Section 2: Amends subdivision 3 of section 94-c of the executive law to
re-letter paragraphs (e), (f), (g), (h), and (i) and add new paragraph
(e) to ensure that solar development shall not greatly hinder the amount
of farmland within New York State.
Section 3: Amends section 94-c of the executive law by adding subdivi-
sion 9 which includes the rules and regulations the office of renewable
energy siting shall establish and/or amend.
Section 4: Establishes the effective date.
 
JUSTIFICATION:
In 2019, New York State passed the Climate Leadership and Community
Protection Act, setting the stage for our state to be the nation's lead-
er in renewable energy independence, including an emphasis on solar
energy capture. While this transition is fundamental to the future of
our planet, we must move forward in a way that does not negatively
impact other important and fragile resources, like agricultural lands
that are pivotal to our fight against the climate crisis and the future
of our nation's food security.
The COVID-19 pandemic unveiled the fragility of our food system when we
depend on international markets and a rigged supply chain, and through
that experience, it reminded us just how important it is to have a
robust, local and secure food system here in our state.
It's also important to note that we can no longer aim to be just carbon
neutral, we must be carbon negative, and agriculture holds the largest
and most efficient opportunity through carbon sequestration and healthy
soil practices that New York farmers adhere to every day. In our fight
to save the planet, we cannot afford to lose agricultural land.
And yet, at current levels, large-scale solar developments are overtak-
ing farmland by the day because they are not required to take the impor-
tance of agricultural land into consideration when siting projects.
Across the state, we're seeing dozens of projects sited within a single
municipality, destroying local commerce, food security, and environ-
mental preservation. In order to hit our goals in the CLCPA while simul-
taneously providing New Yorkers with fresh, healthy and nutritious food,
we must be more thoughtful of our resources and examine where and how we
choose to develop new solar projects across the state.
This legislation will create a program that maintains New York's robust
solar industry while protecting farmland and the surrounding communities
It creates criteria for the Office of Renewable Energy Siting to consid-
er upon receipt of a permit application and requires agricultural and
regional impacts to be reviewed. Nothing is more important than transi-
tioning to a renewable energy future, but it must be done through
sustainable and thoughtful practice with regard to communities and the
food systems we need to protect.
 
PRIOR LEGISLATIVE HISTORY:
Formerly A-9109 of 2022, died in Energy Committee.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This legislation will have no fiscal implications for State and local
governments.
 
EFFECTIVE DATE:
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.
STATE OF NEW YORK
________________________________________________________________________
3117--C
2023-2024 Regular Sessions
IN ASSEMBLY
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 -- 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:
1 Section 1. Paragraph (c) of subdivision 3 of section 94-c of the exec-
2 utive law, as added by section 4 of part JJJ of chapter 58 of the laws
3 of 2020, is amended to read as follows:
4 (c) The uniform standards and conditions established pursuant to this
5 section shall be designed to avoid or minimize, to the maximum extent
6 practicable, any potential significant adverse environmental impacts
7 and, to the maximum extent practicable, avoid, minimize, and mitigate
8 agricultural impacts to active agricultural lands related to the siting,
9 design, construction and operation of a major renewable energy facility.
10 Such uniform standards and conditions shall apply to those environmental
11 impacts the office determines are common to each type of major renewable
12 energy facility.
13 § 2. Paragraphs (e), (f), (g), (h), and (i) of subdivision 3 of
14 section 94-c of the executive law are relettered paragraphs (f), (g),
15 (h), (i), and (j) and a new paragraph (e) is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05683-09-3
A. 3117--C 2
1 (e) In its review of an application for a permit to develop a major
2 renewable energy facility, the office, in consultation with the depart-
3 ment of agriculture and markets, shall ensure that a critical mass of
4 farmland within the designated region is not threatened and ensure that
5 solar development shall not greatly hinder the amount of farmland within
6 New York state and/or be a potential threat to New York's food security.
7 Two years after the effective date of this paragraph, the office, in
8 conjunction with the public service commission and the department of
9 agriculture and markets, shall reevaluate the efficacy of this paragraph
10 and propose recommendations to the legislature, including but not limit-
11 ed to, the consideration of new pertinent technology and/or information.
12 § 3. Section 94-c of the executive law is amended by adding a new
13 subdivision 9 to read as follows:
14 9. Rules and regulations. The office shall establish and/or amend the
15 rules and regulations pertaining to such office to include the follow-
16 ing:
17 (a) the definition of prime farmland as defined in part 622.04 of the
18 USDA handbook and the definitions of unique farmland, specific charac-
19 teristics of unique farmland, additional farmland of statewide impor-
20 tance, and additional farmland of local importance as such terms are
21 defined in 7 CFR § 657.5.
22 (b)(i) preapplication procedures which require applicants to:
23 (1) submit a report delineating the impacts to prime agricultural land
24 and prime soils, unique farmland and farmland of statewide and local
25 importance, including Mineral Soils Group (MSG) 1-4 as defined by the
26 department of agriculture and markets;
27 (2) submit a cumulative impact study as to how the use of farmland for
28 solar siting will impact the regional food economy and regional overall
29 farmland protection plan; and
30 (3) ensure that a critical mass of farmland within the designated
31 region is not threatened. Two years after the effective date of this
32 subdivision, the office, in conjunction with the public service commis-
33 sion and the department of agriculture and markets, shall reevaluate the
34 efficacy of this clause and propose recommendations to the legislature,
35 including but not limited to, the consideration of new pertinent tech-
36 nology and/or information; and
37 (ii) preference to be given to sites for solar development that are on
38 brownfields, landfills, parking lots, rooftops, gravel pits and other
39 areas where disturbance to local ecosystems is minimized. Such sites
40 shall be granted expedited approval.
41 (c) application procedures for major renewable energy facility siting
42 permits. Each application for such permit shall require:
43 (i) the submission of a cumulative impact statement within the study
44 area which includes the following criteria:
45 (1) categories based on solar array size, specifying the array capaci-
46 ty and how much power or electricity is expected to be generated,
47 on-site or associated electric load, and the land use footprint, includ-
48 ing the acreage of land underlying the array;
49 (2) customer type by identifying the end-use entity consuming the
50 electricity or receiving the electric credits generated by the project
51 and how such end-user is classified in a utilities' established electric
52 rate structures for different customer classes, including residential,
53 commercial, industrial, agricultural or low-income;
54 (3) categories based on solar array location, specifying whether solar
55 arrays are roof-mounted, designating preferred sites for solar develop-
56 ment and ineligible sites;
A. 3117--C 3
1 (4) categories based on solar array design, including specifying
2 whether such solar array utilizes dual use or agrivoltaics; and
3 (ii) for major renewable energy facilities sited on prime soils or
4 farmlands, the applicant to submit decommissioning plans for arrays on
5 agricultural land and decommissioning bonds for commercial-scale
6 projects. Such applications shall require the applicant to:
7 (1) include a decommissioning plan in the application;
8 (2) show substantial evidence that all structures and materials will
9 be removed upon decommissioning of such facility and to ensure that
10 soils will be capable of agricultural production; and
11 (3) obtain decommissioning surety bonds or another form of insurance
12 to secure all or a part of decommissioning costs required at the conclu-
13 sion of the lease.
14 (d) requiring the submission of a farmland conservation fee of one
15 percent of the price per acre of prime soil or prime farmland which
16 solar is developed on. Such farmland conservation fee shall be deposited
17 in the agricultural and farmland viability protection fund established
18 pursuant to section ninety-nine-pp of the state finance law.
19 (e) farmland protection and consideration of local economies. The
20 office shall take into account the regional impacts, based on the
21 regional economic development council region, on farmland preservation,
22 local food supply chains, and statewide food security; provided that the
23 office shall ensure that a critical mass of farmland within the desig-
24 nated region is not threatened. The office shall also require the
25 permittee to coordinate with county-level governments to ensure no more
26 land mass shall be developed for solar energy development than will
27 significantly negatively impact the local economy. Two years after the
28 effective date of this subdivision, the office, in conjunction with the
29 public service commission and the department of agriculture and markets,
30 shall reevaluate the efficacy of this paragraph and propose recommenda-
31 tions to the legislature, including but not limited to, the consider-
32 ation of new pertinent technology and/or information.
33 § 4. This act shall take effect immediately; provided, however, that
34 the amendments to section 94-c of the executive law made by sections
35 one, two and three of this act shall not affect the repeal of such
36 section and shall be deemed repealed therewith.