S08712 Summary:
| BILL NO | S08712B |
|   | |
| SAME AS | SAME AS A10519-A |
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| SPONSOR | HINCHEY |
|   | |
| COSPNSR | FAHY, GONZALEZ, SALAZAR |
|   | |
| MLTSPNSR | |
|   | |
| Amd §§137 & 138, Pub Serv L | |
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| Requires the office of renewable energy siting and electric transmission to establish and/or amend rules and regulations pertaining to standards related to the siting, design, construction and operation of major renewable energy facilities; requires such rules and regulations to include information relating to farmland protection and application procedures; provides for the repeal of such provisions upon expiration thereof. | |
S08712 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 8712--B IN SENATE January 7, 2026 ___________ Introduced by Sens. HINCHEY, FAHY, GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law, in relation to the siting, design, construction and operation of major renewable energy facili- ties and to applications therefor; 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. Section 137 of the public service law is amended by adding 2 a new subdivision 14 to read as follows: 3 14. "Agrivoltaics project" shall mean an agrivoltaic project as 4 defined pursuant to section nineteen hundred two of the public authori- 5 ties law. 6 § 2. Section 137 of the public service law is amended by adding two 7 new subdivisions 14 and 15 to read as follows: 8 14. "Agrivoltaics project" shall mean the simultaneous use of areas of 9 land for both solar power generation and agriculture through a ground- 10 mounted photovoltaic solar energy system constructed, installed, and 11 operated to achieve integrated and simultaneous production of both solar 12 energy and marketable agricultural products or activities by an agricul- 13 tural producer, provided that such use: 14 (a) is constructed, installed, and operated to achieve integrated and 15 simultaneous production of both solar energy and marketable agricultural 16 products or activities consistent with commercial agricultural 17 production, as soon as agronomically feasible and continuing until 18 decommissioning, on land beneath or between solar panels; 19 (b) has been intentionally planned and designed with agricultural 20 producers or experts; 21 (c) has provisions for decommissioning to protect the land's agricul- 22 tural resources and utility; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14269-05-6S. 8712--B 2 1 (d) does not significantly displace farming activity. 2 15. "Agricultural products or activities" shall include: (a) crop 3 production; (b) animal husbandry; and (c) livestock grazing or cattle 4 grazing; provided, however, that agricultural products or activities 5 shall not include sheep grazing as the sole farming activity except 6 where the land utilized is currently utilized primarily or exclusively 7 for such purpose; and provided further, however, that agricultural 8 products or activities shall not include pollinator habitats, apiaries, 9 or both as the sole farming activities. 10 § 3. Subdivision 1 of section 138 of the public service law is amended 11 by adding a new paragraph (d) to read as follows: 12 (d) In its review of applications for permits pursuant to this arti- 13 cle, ORES shall give priority to previously developed sites and existing 14 or abandoned commercial sites, including without limitation brownfields, 15 landfills, former commercial or industrial sites, dormant electric 16 generating sites, parking lots as defined in section one hundred twen- 17 ty-nine-b of the vehicle and traffic law, warehouse distribution centers 18 as defined in section seven hundred eighty of the labor law, correction- 19 al facilities as defined in article one of the correction law, retail 20 establishments of greater than twenty-five thousand square feet, road- 21 side rest areas pursuant to section twenty of the highway law, and 22 otherwise underutilized sites. 23 § 4. Subdivision 4 of section 138 of the public service law, as added 24 by section 11 of part O of chapter 58 of the laws of 2024, is amended to 25 read as follows: 26 4. The uniform standards and conditions established pursuant to this 27 section shall be designed to avoid, minimize, or mitigate to the maximum 28 extent practicable, potential significant adverse impacts to land used 29 in agricultural production, with additional consideration for land with- 30 in an agricultural district [or], land that contains mineral soil groups 31 1-4, and land that contains mineral soil groups 5-7 to the extent that 32 such land is currently in commercial agricultural use. In its review of 33 an application for a permit pursuant to this article, ORES, in consulta- 34 tion with the department of agriculture and markets, shall ensure that a 35 critical mass of farmland within the designated region is not currently 36 and/or projected to be developed with photovoltaic solar generating 37 projects. The department of agriculture and markets shall determine 38 what constitutes a critical mass of farmland for a given region and 39 consider factors such as: the future security of the state and region's 40 food supply, the growth or decrease of new or existing farms or total 41 farmland in the state or region, and impacts of photovoltaic solar 42 generating projects on soil quality. Two years after the effective date 43 of the chapter of the laws of two thousand twenty-six that amended this 44 subdivision, ORES, in conjunction with the public service commission, 45 the New York state energy research and development authority and the 46 department of agriculture and markets, shall reevaluate the efficacy of 47 this subdivision and propose recommendations to the legislature, includ- 48 ing but not limited to, the consideration of new pertinent technology 49 and/or information. The provisions of this subdivision shall not apply 50 in the consideration of any permits for siting, design, construction, or 51 operation of a major renewable energy facility for which a completed 52 application has been received by the office of renewable energy siting 53 and electric transmissions prior to the adoption of amended uniform 54 standards and conditions consistent with this subdivision.S. 8712--B 3 1 § 5. Subdivision 3 of section 138 of the public service law, as added 2 by section 11 of part O of chapter 58 of the laws of 2024, is amended to 3 read as follows: 4 3. (a) ORES, in consultation with the department, shall promulgate 5 rules and regulations with respect to all necessary requirements to 6 implement the siting permit program established in this article and 7 promulgate modifications to such rules and regulations as it deems 8 necessary; provided that ORES shall promulgate regulations requiring the 9 service of applications on affected municipalities and political subdi- 10 visions simultaneously with submission of an application. Any such rules 11 and regulations, or any amendments or modifications thereto, shall be 12 subject to the approval of the public service commission before they 13 become effective. 14 (b) Such rules and regulations shall: 15 (i) ensure that a critical mass of farmland within the designated 16 region is not currently and/or projected to be developed with photovol- 17 taic solar generating projects, as determined by the department of agri- 18 culture and markets, in consultation with the New York state energy 19 research and development authority. Within two years after the effective 20 date of the chapter of the laws of two thousand twenty-six that amended 21 this subdivision, the office, in conjunction with the public service 22 commission and the department of agriculture and markets, shall reevalu- 23 ate the efficacy of this subdivision and propose recommendations to the 24 legislature, including but not limited to, the consideration of new 25 pertinent technology and/or information; 26 (ii) provide that, in the event that a photovoltaic solar generation 27 project has been previously denied a permit by ORES on two or more occa- 28 sions and resubmitted, such project shall be required to submit an affi- 29 davit of financial solvency, including financial statements to ORES in 30 the project's next application and shall be required to deliver to ORES 31 a surety bond worth twenty percent of the total cost of such project, 32 which shall be executed by a surety company authorized by the department 33 of financial services to transact business in the state. If the project 34 has been approved by ORES upon the expiration of two years following the 35 date of resubmission, the bond shall be discontinued. If the project has 36 not been approved by ORES upon the expiration of two years following the 37 date of resubmission, then ORES shall be entitled to recover the full 38 amount of the surety bond and shall remit forty percent of the full 39 amount of the surety bond to the political subdivision in which the 40 photovoltaic solar generation project was intended to be sited; and 41 (iii) require documentation for any major photovoltaic solar gener- 42 ation project specifying: 43 (1) application procedures for major photovoltaic solar generation 44 projects. Such procedures shall require that each application for such 45 permits include the submission of documentation which includes the 46 following criteria: 47 (A) categories based on solar array size, specifying the array capaci- 48 ty and how much power or electricity is expected to be generated, 49 on-site or associated electric load, including the acreage of land 50 underlying the array; 51 (B) specifying whether solar arrays will be roof-mounted and/or ground 52 mounted, and designating preferred sites for the project; and 53 (C) categories based on the solar project's design, including specify- 54 ing whether such solar project is intended to be an agrivoltaics 55 project; andS. 8712--B 4 1 (2) for major photovoltaic solar generation projects sited on land 2 required to receive additional consideration pursuant to subdivision 3 four of this section, the submission by the applicant of draft decommis- 4 sioning plans for projects on such agricultural land and a letter of 5 intent from the applicant stating the applicant's intention to secure a 6 decommissioning bond. Final decommissioning plans shall be filed upon 7 completion of the project in a post construction compliance filing, 8 along with a record of the project securing a decommissioning bond in 9 the amount prescribed by ORES upon approval and issuance of a project's 10 construction permit. 11 § 6. This act shall take effect on the ninetieth day after it shall 12 have become a law; provided, however, that section one of this act shall 13 expire and be deemed repealed two years after such date, when upon such 14 date the provisions of section two of this act shall take effect; 15 provided further, however, that the amendments to article 8 of the 16 public service law made by sections one, two, three, four and five of 17 this act shall not affect the repeal of such article and shall be deemed 18 repealed therewith. Effective immediately, the addition, amendment 19 and/or repeal of any rule or regulation necessary for the implementation 20 of this act on its effective date are authorized to be made and 21 completed on or before such effective date.