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A03117 Summary:

BILL NOA03117C
 
SAME ASSAME AS S01793-C
 
SPONSORLupardo
 
COSPNSRWoerner, Stirpe, Colton, Tague
 
MLTSPNSR
 
Amd 94-c, Exec L
 
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.
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A03117 Actions:

BILL NOA03117C
 
02/02/2023referred to energy
04/17/2023amend and recommit to energy
04/17/2023print number 3117a
06/02/2023amend and recommit to energy
06/02/2023print number 3117b
06/06/2023amend and recommit to energy
06/06/2023print number 3117c
01/03/2024referred to energy
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A03117 Memo:

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.
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A03117 Text:



 
                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.
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