Amd §§142 & 144, add §§142-a & 149, Pub Serv L; add §5-338, Gen Ob L; add Art 45-A §§1510 - 1512, Gen Bus L
Authorizes local municipalities and political subdivisions to have final say on if a renewable energy power plant can be sited in such municipalities' or political subdivisions' jurisdiction; establishes conflict of interest standards for approving the siting of a renewable energy power plant in a local municipality or political subdivision; requires the office of renewable energy siting and electric transmissions establish a database to collect and display host agreements and land contracts for renewable energy power plants; establishes contract standards concerning the forfeiture of mineral rights for the siting of renewable energy power plants; regulates the conduct of businesses engaged in the conduct of selling renewable energy power plants.
STATE OF NEW YORK
________________________________________________________________________
5908
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the public service law, the general obligations law and
the general business law, in relation to regulating the placement of
renewable energy sources on public and private land; and providing for
the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 142 of the public service law, as
2 added by section 11 of part O of chapter 58 of the laws of 2024, is
3 amended to read as follows:
4 3. For any municipality, political subdivision or an agency thereof
5 that has received notice of the filing of an application, pursuant to
6 regulations promulgated in accordance with this article, the munici-
7 pality or political subdivision or agency thereof shall within the time-
8 frames established by this subdivision submit a statement to ORES indi-
9 cating whether the proposed project is designed to be sited, constructed
10 and operated in compliance with applicable local laws and regulations,
11 if any, concerning the environment, or public health and safety. In the
12 event that a municipality, political subdivision or an agency thereof
13 submits a statement to ORES that the proposed project is not designed to
14 be sited, constructed or operated in compliance with local laws and
15 regulations [and ORES determines not to hold an adjudicatory hearing on
16 the application, ORES shall hold a non-adjudicatory public hearing in or
17 near one or more of the affected municipalities or political subdivi-
18 sions. In any such adjudicatory hearing, ORES or the department, shall
19 designate members of its staff to represent the public interest, includ-
20 ing with respect to the application of local and state laws] such appli-
21 cation shall be denied.
22 § 2. The public service law is amended by adding a new section 142-a
23 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08114-01-5
A. 5908 2
1 § 142-a. Prohibition on conflicts of interest. 1. No application shall
2 be deemed completed if such application provides compensation or a host
3 agreement to a local elected official of a municipality or political
4 subdivision, government employee, or an immediate family member of such
5 a local elected official or government employee.
6 2. Where a municipality or political subdivision is to determine
7 whether a proposed project is designed to be sited, constructed or oper-
8 ated in compliance with applicable local laws and regulations pursuant
9 to section one hundred forty-two of this article, if any individual or
10 individuals who participate in voting on approving such project would
11 receive compensation or a host agreement as a result of such project
12 being approved, such individual or individuals shall be required to
13 recuse themselves from such vote. Furthermore, such individual or indi-
14 viduals shall not participate in any discussions or deliberations on
15 whether such proposed project should be approved.
16 § 3. The public service law is amended by adding a new section 149 to
17 read as follows:
18 § 149. Transparency requirements. The office of renewable energy
19 siting and electric transmissions shall establish and maintain a data-
20 base of all host agreements and land contracts related to major renewa-
21 ble energy facilities built in the state of New York. Such database
22 shall be in an electronic format on the office of renewable energy
23 siting and electric transmissions website and made available to the
24 public. Such host agreements and land contracts shall be unredacted.
25 § 4. Section 144 of the public service law, as added by section 11 of
26 part O of chapter 58 of the laws of 2024, is amended to read as follows:
27 § 144. Powers of municipalities and state agencies and authorities. 1.
28 Applicants shall, prior to filing an application, conduct meetings with
29 the respective chief executive officer of all municipalities in which
30 the proposed major renewable generation facility or major electric tran-
31 smission facility will be located. The applicant shall provide as part
32 of the application presentation materials and a summary of questions
33 raised, and responses provided during such meetings with municipalities.
34 In the event the applicant is unable to secure a meeting with a relevant
35 municipality the application shall contain a detailed explanation of all
36 of the applicant's best efforts and reasonable attempts to secure such
37 meeting, including, but not limited to, written communications between
38 the applicant and the municipality.
39 2. Notwithstanding any other provision of law, including without limi-
40 tation article eight of the environmental conservation law and article
41 VII of this chapter, no other state agency, department or authority, or
42 any municipality or political subdivision or any agency thereof may,
43 except as expressly authorized under this article or the rules and regu-
44 lations promulgated under this article, require any approval, consent,
45 permit, certificate, contract, agreement, or other condition for the
46 development, design, construction, operation, or decommissioning of [a
47 major renewable energy facility or] a major electric transmission facil-
48 ity with respect to which an application for a siting permit has been
49 filed, provided in the case of a municipality, political subdivision or
50 an agency thereof, such entity has received notice of the filing of the
51 application therefor. Notwithstanding the foregoing, the department of
52 environmental conservation shall be the permitting agency for permits
53 issued pursuant to federally delegated or federally approved programs.
54 3. In the case of a major renewable energy facilities agreements with
55 a municipality or political subdivision, such municipality or political
56 subdivision may require any approval, consent, permit, certificate,
A. 5908 3
1 contract, agreement, or other condition for the development, design,
2 construction, operation, or decommissioning of a major renewable energy
3 facility prior to giving approval for an application. Such municipality
4 or political subdivision shall hire and retain independent attorneys to
5 review such agreements and applicants for a major renewable energy
6 facility that provides wind or solar power shall be prohibited from
7 providing attorneys to such municipality or political subdivision.
8 4. This section shall not impair or abrogate any federal, state or
9 local labor laws or any otherwise applicable state law for the
10 protection of employees engaged in the construction and operation of a
11 major renewable energy facility or major electric transmission facility.
12 [4.] 5. ORES and the department shall monitor, enforce and administer
13 compliance with any terms and conditions set forth in a siting permit
14 issued pursuant to this article and in doing so may use and rely on
15 authority otherwise available under this chapter.
16 § 5. The general obligations law is amended by adding a new section
17 5-338 to read as follows:
18 § 5-338. Agreements concerning the siting of major renewable energy
19 facilities. Every undertaking or promise, whether written or oral,
20 express or implied, constituting or contained, in any contract or agree-
21 ment of hiring or employment between any individual, firm, company,
22 association or corporation and any municipality or political subdivision
23 and private landowner for the sale of land for the siting of a major
24 renewable energy facility as contemplated by article eight of the public
25 service law shall not contain a clause requiring the forfeiture of
26 mineral rights.
27 § 6. The general business law is amended by adding a new article 45-A
28 to read as follows:
29 ARTICLE 45-A
30 RENEWABLE ENERGY SOLICITORS
31 Section 1510. Definitions.
32 1511. Prohibited practices.
33 1512. Violations and penalties.
34 § 1510. Definitions. As used in this article, unless the context or
35 subject matter otherwise requires:
36 1. "Renewable energy resources" shall have the same meaning as defined
37 in section 1-103 of the energy law.
38 2. "Renewable energy resources agency" shall mean a person, firm or
39 corporation engaged in business, the principal purpose of which is to
40 solicit public agencies, municipalities, or private individuals to
41 purchase a renewable energy resource power plant.
42 3. "Communication" shall mean the conveying of information regarding
43 renewable energy resources directly or indirectly to any person through
44 any medium.
45 4. "Renewable energy resources solicitor" means an individual who, as
46 part of such individual's job, to solicit agencies, municipalities, or
47 private individuals to purchase a renewal energy resource power plant.
48 § 1511. Prohibited practices. No renewable energy resources agency as
49 defined by this article, or such agency's agent shall:
50 1. Simulate in any manner a law enforcement officer, or a represen-
51 tative of any governmental agency of the state of New York or any of its
52 political subdivisions;
53 2. Communicate with agencies, municipalities, or private individuals,
54 including, but not limited to, any private individuals' family or house-
55 hold members, with such frequency or at such unusual hours or in such a
A. 5908 4
1 manner as can reasonably be expected to abuse or harass the agency,
2 municipality or private individual; or
3 3. Use a communication which simulates in any manner legal or judicial
4 process, or which gives the appearance of being authorized, issued, or
5 approved by a government, governmental agency, or attorney at law when
6 it is not.
7 § 1512. Violations and penalties. 1. Except as otherwise provided by
8 law, any person who violates the terms of section fifteen hundred eleven
9 of this article is guilty of a misdemeanor, and each such violation
10 shall be deemed a separate offense.
11 2. The attorney general or the district attorney of any county may
12 bring an action in the name of the people of the state to restrain or
13 prevent any violation of this article or any continuance of any such
14 violation.
15 § 7. This act shall take effect immediately; provided, however, the
16 amendments to article 8 of the public service law made by sections one,
17 two, three and four of this act shall not affect the repeal of such
18 article and shall be deemed repealed therewith; and provided further,
19 that sections five and six of this act shall expire and be deemed
20 repealed on the same date and in the same manner as section 11 of part O
21 of chapter 58 of the laws of 2024.
