S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8020
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation to the renewable
   energy outreach and community  planning  assistance  program;  and  to
   repeal certain provisions of the public authorities law and the execu-
   tive law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The title heading of title 9-C of article 8 of  the  public
 authorities  law, as added by a chapter of the laws of 2023 amending the
 public authorities law and the executive law relating to authorizing the
 New York state energy research and development authority  to  develop  a
 clean  energy  outreach  and  community planning program, as proposed in
 legislative bills numbers S. 2956-A and A. 2888-A, is amended to read as
 follows:
          [CLEAN] RENEWABLE ENERGY OUTREACH AND COMMUNITY PLANNING
                            ASSISTANCE PROGRAM
   § 2. Paragraph (e) of subdivision 1 and subdivision 2 of section  1910
 of the public authorities law, as added by a chapter of the laws of 2023
 amending  the  public  authorities law and the executive law relating to
 authorizing the New York state energy research and development authority
 to develop a clean energy outreach and community  planning  program,  as
 proposed  in  legislative  bills  numbers  S.  2956-A and A. 2888-A, are
 amended to read as follows:
   (e) There has been a lack of information about the local benefits  and
 impacts of renewable energy TECHNOLOGY development and the best ways for
 communities to maximize benefits while avoiding and mitigating impacts.
   2.  Intent. It is the intent of the legislature in enacting this title
 to empower the authority to establish effective programs and  mechanisms
 to:
   (a)  Educate the public and build consensus on the benefits of a shift
 to renewable energy TECHNOLOGIES, which will provide jobs, lower  energy
 costs  and  reduce price volatility, and reduce the need for fossil fuel
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01444-06-4
              

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 based power, bringing clean air and public health benefits  and  reduced
 greenhouse gas emissions that lead to climate change and its impacts;
   (b) Provide information and assistance to communities and local repre-
 sentatives to promote the appropriate and successful siting of renewable
 energy  projects,  including  wind,  solar, storage and transmission and
 distribution system upgrades;
   (c) Equip local governments with the tools they  need  to  effectively
 consider  natural  and  working lands, the potential for co-location and
 dual-use solutions, effective utilization  of  previously  disturbed  or
 developed  sites, and protecting disadvantaged communities when planning
 for [clean] RENEWABLE energy projects in their communities; and
   (d) Help communities develop and  adopt  local  planning,  zoning  and
 other policies that support the sustainable and equitable development of
 local  [clean] RENEWABLE energy TECHNOLOGY through processes that ensure
 and enhance public outreach, education and engagement,  particularly  in
 frontline  communities  that  have historically been disenfranchised and
 discriminated against in the local land use decision-making process.
   § 3. Subdivision 4 of section 1911 of the public authorities  law,  as
 added  by  a chapter of the laws of 2023 amending the public authorities
 law and the executive law relating to authorizing  the  New  York  state
 energy  research  and  development  authority  to develop a clean energy
 outreach and community planning  program,  as  proposed  in  legislative
 bills numbers S.  2956-A and A. 2888-A, is amended and a new subdivision
 5 is added to read as follows:
   4. ["Renewable energy facility" shall have the same meaning as renewa-
 ble  energy  systems  as  defined  in  section sixty-six-p of the public
 service law.] "RENEWABLE ENERGY" SHALL HAVE THE SAME MEANING AS  DEFINED
 IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW.
   5. "RENEWABLE ENERGY TECHNOLOGY" SHALL MEAN ALL METHODS USED TO GENER-
 ATE, DISTRIBUTE, STORE, AND SUPPORT THE USE OF RENEWABLE ENERGY SYSTEMS.
   § 4. Section 1912 of the public authorities law, as added by a chapter
 of  the  laws of 2023 amending the public authorities law and the execu-
 tive law relating to authorizing the New York state energy research  and
 development  authority  to develop a clean energy outreach and community
 planning program, as proposed in legislative bills numbers S. 2956-A and
 A. 2888-A, is amended to read as follows:
   § 1912. Powers and duties. The  authority  is  hereby  authorized  and
 directed  to  undertake such actions it deems necessary or convenient to
 establish [a  clean],  AUGMENT,  OR  EXPAND  EXISTING  RENEWABLE  energy
 outreach  and  community planning [program] PROGRAMS to provide informa-
 tion, resources and technical assistance to support the siting, DEVELOP-
 MENT, and acceptance  of  renewable  energy  [facilities]  TECHNOLOGIES,
 including:
   1.  Developing  AND  ENHANCING  a  community  education and engagement
 program to inform New Yorkers about the climate crisis and the  benefits
 of shifting to a clean energy economy and conducting outreach, providing
 information  and  education, and building consensus on the environmental
 and local benefits of renewable energy [facilities]  TECHNOLOGIES.  Such
 strategic education and outreach shall include:
   (a)  Effective communication, engagement and public outreach to commu-
 nities, including disadvantaged communities, to  provide  education  and
 information  on maximizing the benefits that renewable energy [projects]
 TECHNOLOGIES can provide while demonstrating  strategies  and  solutions
 that  are available to ensure that community BENEFITS ARE MEANINGFUL AND
 NEGATIVE impacts are [minimized] AVOIDED, REDUCED, OR MITIGATED;
 S. 8020                             3
 
   (b) Comprehensive education and outreach to local governments that may
 host renewable energy [facilities]  TECHNOLOGIES  to  provide  objective
 information  about  the  impacts of [clean] RENEWABLE energy development
 and mitigation opportunities; and
   (c)  Facilitation  of  [regional  discussion]  forums  for communities
 [and], REGIONS, renewable energy developers, AND OTHER  STAKEHOLDERS  to
 exchange  information  and  ensure  that  all  have access to the [same]
 FACTUAL information necessary  to  support  the  appropriate  siting  OF
 FACILITIES and acceptance of renewable energy [facilities] TECHNOLOGIES.
   2.  Collaborating  with  community  stakeholders,  the agriculture and
 forestry sectors, and the renewable energy industry  to  develop  [new],
 FACILITATE,  AND PROVIDE CENTRALIZED ACCESS TO renewable energy planning
 [tools and] resources  AND  ASSISTANCE  for  local  governments.    Such
 resources  shall  include [a] publicly available [clean] DATA RESOURCES,
 INCLUDING A  MAPPING  TOOL,  RELATED  TO  RENEWABLE  energy  development
 [mapping  tool]  to help municipal representatives and local communities
 make informed land use decisions and  communicate  local  priorities  to
 developers.
   (a)  The  [clean]  RENEWABLE  energy  development  [mapping tool] DATA
 RESOURCES, INCLUDING A MAPPING TOOL, shall be available on the  authori-
 ty's  website  and  shall provide sufficient information and guidance to
 allow communities to undertake a comprehensive evaluation of the  poten-
 tial  for  [clean]  RENEWABLE energy development and to plan proactively
 for deployment that maximizes  local  benefit  and  [minimizes]  AVOIDS,
 REDUCES,  OR MITIGATES NEGATIVE impact on lands with agricultural soils,
 farming, forests, and other competing uses.
   (b) The [clean]  RENEWABLE  energy  development  [mapping  tool]  DATA
 RESOURCES  may  use  publicly  available [data] INFORMATION and shall be
 designed to facilitate participation  by  local  governments,  renewable
 energy  developers and [others] OTHER STAKEHOLDERS in existing renewable
 energy siting and planning processes.
   (c) The [clean]  RENEWABLE  energy  development  [mapping  tool]  DATA
 RESOURCES shall provide [mapped], TO THE EXTENT AVAILABLE information on
 agricultural,  environmental, energy system and other resources relevant
 to renewable energy TECHNOLOGY siting, [including, but not  limited  to]
 SUCH  AS:  land  use cover data; disadvantaged communities; BROWNFIELDS;
 previously disturbed and developed sites such as large rooftops, parking
 lots, landfills, etc.; agricultural soils  and  agricultural  districts;
 forests; wetlands, floodplains, and waterbodies; historic, cultural, and
 archaeological  resources;  public  parks,  preserves  and  recreational
 resources; conserved and protected  lands;  hosting  capacity;  distrib-
 ution,  and  transmission  lines;  and  topography as relevant to siting
 renewable energy [facilities] TECHNOLOGY.
   3. Providing technical assistance and training  to  local  governments
 and  other  stakeholders  on  the  use  of  such [tools] INFORMATION and
 resources, including the [clean] RENEWABLE energy  development  [mapping
 tool] DATA RESOURCES.
   4.  [Procuring]  CONSULTING,  COLLABORATING WITH, AND/OR PROCURING the
 services of service providers, including, BUT NOT LIMITED  TO:  regional
 planning  associations,  non-profits, and community-based organizations,
 to conduct outreach and education about [clean] RENEWABLE  energy  bene-
 fits, develop new renewable energy planning tools and resources, includ-
 ing   [a   clean]  RENEWABLE  energy  development  [mapping  tool]  DATA
 RESOURCES, and to provide technical assistance and training  to  munici-
 palities to support the authority's responsibilities under this section.
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   5. Managing, allocating, and spending any monies made available to the
 authority in furtherance of this title as the authority determines to be
 appropriate  for the proper administration of the program created pursu-
 ant to this title.
   6.  Requesting  and receiving the assistance of the departments or any
 other state  agency  or  authority,  within  their  respective  relevant
 subject  matter  expertise, to support the administration of the program
 created pursuant to this title.
   § 5. Section 1913 of the public authorities law, as added by a chapter
 of the laws of 2023 amending the public authorities law and  the  execu-
 tive  law relating to authorizing the New York state energy research and
 development authority to develop a clean energy outreach  and  community
 planning program, as proposed in legislative bills numbers S. 2956-A and
 A.  2888-A,  is  REPEALED  and  a  new  section 1913 is added to read as
 follows:
   § 1913. REPORTING. 1. EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FIVE,
 THE AUTHORITY SHALL ISSUE AN ANNUAL REPORT REGARDING THE RENEWABLE ENER-
 GY TECHNOLOGY OUTREACH AND COMMUNITY PLANNING  ASSISTANCE  PROGRAM,  AND
 PROVIDE  RECOMMENDATIONS  FOR  IMPROVEMENTS  TO THE PROGRAM. SUCH REPORT
 SHALL INCLUDE:
   (A) THE NUMBER AND IDENTITY  OF  LOCAL  GOVERNMENTS  DIRECTLY  REACHED
 THROUGH THE EDUCATION, ENGAGEMENT AND OUTREACH EFFORTS;
   (B)  THE  NUMBER OF FORUMS HELD FOR COMMUNITIES, DEVELOPERS, AND OTHER
 STAKEHOLDERS AND DESCRIPTION OF THE FINDINGS;
   (C) THE NUMBER, DESCRIPTION AND STATUS OF RENEWABLE ENERGY  TECHNOLOGY
 PLANNING TOOLS AND RESOURCES DEVELOPED, INCLUDING THE MAPPING TOOL;
   (D) THE NUMBER OF SERVICE PROVIDERS AND CONTRACTS AWARDED;
   (E)  THE AMOUNT OF FUNDS INVESTED IN THE RENEWABLE ENERGY OUTREACH AND
 COMMUNITY PLANNING ASSISTANCE PROGRAM; AND
   (F) ANY ADDITIONAL INFORMATION RELEVANT TO  ASSESSING  PROGRAM  EFFEC-
 TIVENESS.
   2.  THE AUTHORITY SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPO-
 RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. A COPY OF
 THE REPORT SHALL ALSO BE POSTED ON THE AUTHORITY'S WEBSITE.
   § 6. Paragraph (e) of subdivision 7 of section 94-c of  the  executive
 law,  as  added  by  a  chapter  of the laws of 2023 amending the public
 authorities law and the executive law relating to  authorizing  the  New
 York  state energy research and development authority to develop a clean
 energy outreach and community planning program, as proposed in  legisla-
 tive bills numbers S.  2956-A and A. 2888-A, is REPEALED.
   §  7.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2023 amending the public  authorities
 law  and  the  executive  law relating to authorizing the New York state
 energy research and development authority  to  develop  a  clean  energy
 outreach  and  community  planning  program,  as proposed in legislative
 bills numbers S. 2956-A and A. 2888-A, takes effect; provided  that  the
 amendments  to title 9-C of article 8 of the public authorities law made
 by sections one, two, three, four, and five of this act shall not affect
 the repeal of  such  title  and  shall  be  deemed  repealed  therewith;
 provided  further,  however, that such repeal shall not affect or impair
 any act done, any application filed, any right, permit or  authorization
 awarded, accrued, received or acquired, or any liability incurred, prior
 to the time such repeal takes effect.