S T A T E O F N E W Y O R K
________________________________________________________________________
3959--A
2025-2026 Regular Sessions
I N A S S E M B L Y
January 30, 2025
___________
Introduced by M. of A. WOERNER, TAPIA, GLICK, GIGLIO, KASSAY, BUTTENS-
CHON, BURDICK -- read once and referred to the Committee on Energy --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the public service law, in relation to siting permits
for grassland bird breeding habitats or grassland bird wintering habi-
tats
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 139 of the public service law is amended by adding
a new subdivision 2-a to read as follows:
2-A. IF A MAJOR ELECTRIC TRANSMISSION FACILITY SITING PERMIT IS
PROPOSED FOR A SITE WHICH IS GRASSLAND BIRD BREEDING HABITAT OR GRASS-
LAND BIRD WINTERING HABITAT WITHIN A DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION DESIGNATED GRASSLAND BIRD CONSERVATION CENTER, ORES SHALL REQUIRE
A MITIGATION RATIO OF ONE ACRE FOR EVERY ACRE OF OCCUPIED GRASSLAND BIRD
BREEDING HABITAT AND ONE ACRE OF MITIGATION FOR EVERY ACRE OF GRASSLAND
BIRD WINTERING HABITAT DETERMINED TO BE TAKEN. IN ORDER TO PROVIDE A NET
CONSERVATION BENEFIT IN SUCH GRASSLAND BIRD CONSERVATION CENTERS, THESE
MITIGATION REQUIREMENTS SHALL NOT BE MODIFIED BY DIVIDING THE IMPACT OF
HABITAT TAKEN BY FIVE LIFE CYCLES OF HABITAT SUCCESSION OR ANY OTHER
ADDITIONAL CALCULATION.
§ 2. This act shall take effect immediately and shall apply to any
major electric transmission facility siting permit, or any application
for a major facility siting permit, for which the final net conservation
benefit plan has not yet been approved by the office of renewable energy
siting and electric transmission, provided, however, that the amendments
to section 139 of the public service law made by section one of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07808-06-5