Senate Bill S7677

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7677
 
                             I N  S E N A T E
 
                              January 6, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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:
 
   Section 1. Paragraph (c) of subdivision 3 of section 94-c of the exec-
 utive law, as added by section 4 of part JJJ of chapter 58 of  the  laws
 of 2020, is amended to read as follows:
   (c)  The uniform standards and conditions established pursuant to this
 section shall be designed to avoid or minimize, to  the  maximum  extent
 practicable,  any  potential  significant  adverse environmental impacts
 AND, TO THE MAXIMUM EXTENT PRACTICABLE, AVOID,  MINIMIZE,  AND  MITIGATE
 AGRICULTURAL IMPACTS TO ACTIVE AGRICULTURAL LANDS related to the siting,
 design, construction and operation of a major renewable energy facility.
 Such uniform standards and conditions shall apply to those environmental
 impacts the office determines are common to each type of major renewable
 energy facility.
   §  2.  Paragraphs  (e),  (f),  (g),  (h),  and (i) of subdivision 3 of
 section 94-c of the executive law are relettered  paragraphs  (f),  (g),
 (h), (i), and (j) and a new paragraph (e) is added to read as follows:
   (E)  IN  ITS  REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
 RENEWABLE ENERGY FACILITY, THE OFFICE, IN CONSULTATION WITH THE  DEPART-
 MENT  OF  AGRICULTURE  AND  MARKETS SHALL ENSURE THAT A CRITICAL MASS OF
 FARMLAND WITHIN THE DESIGNATED REGION IS NOT THREATENED,  ENSURING  THAT
 NO  MORE  THAN  FIVE  PERCENT  OF PRIME SOILS WITHIN A REGIONAL ECONOMIC
 DEVELOPMENT COUNCIL REGION SHALL HAVE SOLAR DEVELOPED  AND  ENSURE  THAT
 SOLAR DEVELOPMENT SHALL NOT GREATLY HINDER THE AMOUNT OF FARMLAND WITHIN
 NEW YORK STATE AND/OR BE A POTENTIAL THREAT TO NEW YORK'S FOOD SECURITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13542-04-1
 S. 7677                             2
 
   §  3.  Section  94-c  of  the executive law is amended by adding a new
 subdivision 9 to read as follows:
   9. RULES AND REGULATIONS.  THE OFFICE SHALL ESTABLISH AND/OR AMEND THE
 RULES  AND  REGULATIONS PERTAINING TO SUCH OFFICE TO INCLUDE THE FOLLOW-
 ING:
   (A) THE DEFINITION OF PRIME FARMLAND AS DEFINED IN PART 622.04 OF  THE
 USDA  HANDBOOK  AND THE DEFINITIONS OF UNIQUE FARMLAND, SPECIFIC CHARAC-
 TERISTICS OF UNIQUE FARMLAND, ADDITIONAL FARMLAND  OF  STATEWIDE  IMPOR-
 TANCE,  AND  ADDITIONAL  FARMLAND  OF LOCAL IMPORTANCE AS SUCH TERMS ARE
 DEFINED IN 7 CFR § 657.5.
   (B)(I) PREAPPLICATION PROCEDURES WHICH REQUIRE APPLICANTS TO:
   (1) SUBMIT A REPORT DELINEATING THE IMPACTS TO PRIME AGRICULTURAL LAND
 AND PRIME SOILS, UNIQUE FARMLAND AND FARMLAND  OF  STATEWIDE  AND  LOCAL
 IMPORTANCE, INCLUDING SOIL CLASSIFICATIONS AS ESTABLISHED BY THE NATURAL
 RESOURCES CONSERVATION SERVICE;
   (2) SUBMIT A CUMULATIVE IMPACT STUDY AS TO HOW THE USE OF FARMLAND FOR
 SOLAR  SITING WILL IMPACT THE REGIONAL FOOD ECONOMY AND REGIONAL OVERALL
 FARMLAND PROTECTION PLAN; AND
   (3) ENSURE THAT A CRITICAL MASS  OF  FARMLAND  WITHIN  THE  DESIGNATED
 REGION  IS  NOT  THREATENED,  ENSURING THAT NO MORE THAN FIVE PERCENT OF
 PRIME SOILS ARE BEING SITED WITHIN A REGIONAL ECONOMIC DEVELOPMENT COUN-
 CIL REGION; AND
   (II) PREFERENCE TO BE GIVEN TO SITES FOR SOLAR DEVELOPMENT THAT ARE ON
 BROWNFIELDS, LANDFILLS, PARKING LOTS, ROOFTOPS, GRAVEL  PITS  AND  OTHER
 AREAS  WHERE  DISTURBANCE  TO  LOCAL ECOSYSTEMS IS MINIMIZED. SUCH SITES
 SHALL BE GRANTED EXPEDITED APPROVAL.
   (C) APPLICATION PROCEDURES FOR MAJOR RENEWABLE ENERGY FACILITY  SITING
 PERMITS.  EACH APPLICATION FOR SUCH PERMIT SHALL REQUIRE:
   (I)  THE  SUBMISSION OF A CUMULATIVE IMPACT STATEMENT WITHIN THE STUDY
 AREA WHICH INCLUDES THE FOLLOWING CRITERIA:
   (1) CATEGORIES BASED ON SOLAR ARRAY SIZE, SPECIFYING THE ARRAY CAPACI-
 TY AND HOW MUCH POWER  OR  ELECTRICITY  IS  EXPECTED  TO  BE  GENERATED,
 ON-SITE OR ASSOCIATED ELECTRIC LOAD, AND THE LAND USE FOOTPRINT, INCLUD-
 ING THE ACREAGE OF LAND UNDERLYING THE ARRAY;
   (2)  CUSTOMER  TYPE  BY  IDENTIFYING  THE END-USE ENTITY CONSUMING THE
 ELECTRICITY OR RECEIVING THE ELECTRIC CREDITS GENERATED BY  THE  PROJECT
 AND HOW SUCH END-USER IS CLASSIFIED IN A UTILITIES' ESTABLISHED ELECTRIC
 RATE  STRUCTURES  FOR DIFFERENT CUSTOMER CLASSES, INCLUDING RESIDENTIAL,
 COMMERCIAL, INDUSTRIAL, AGRICULTURAL OR LOW-INCOME;
   (3) CATEGORIES BASED ON SOLAR ARRAY LOCATION, SPECIFYING WHETHER SOLAR
 ARRAYS ARE ROOF-MOUNTED, DESIGNATING PREFERRED SITES FOR SOLAR  DEVELOP-
 MENT AND INELIGIBLE SITES;
   (4)  CATEGORIES  BASED  ON  SOLAR  ARRAY  DESIGN, INCLUDING SPECIFYING
 WHETHER SUCH SOLAR ARRAY UTILIZES DUAL USE OR AGRIVOLTAICS; AND
   (II) FOR MAJOR RENEWABLE ENERGY FACILITIES SITED  ON  PRIME  SOILS  OR
 FARMLANDS,  THE  APPLICANT TO SUBMIT DECOMMISSIONING PLANS FOR ARRAYS ON
 AGRICULTURAL  LAND  AND  DECOMMISSIONING  BONDS   FOR   COMMERCIAL-SCALE
 PROJECTS. SUCH APPLICATIONS SHALL REQUIRE THE APPLICANT TO:
   (1) INCLUDE A DECOMMISSIONING PLAN IN THE APPLICATION;
   (2)  SHOW  SUBSTANTIAL EVIDENCE THAT ALL STRUCTURES AND MATERIALS WILL
 BE REMOVED UPON DECOMMISSIONING OF SUCH  FACILITY  AND  TO  ENSURE  THAT
 SOILS WILL BE CAPABLE OF AGRICULTURAL PRODUCTION; AND
   (3)  OBTAIN  DECOMMISSIONING SURETY BONDS OR ANOTHER FORM OF INSURANCE
 TO SECURE ALL OR A PART OF DECOMMISSIONING COSTS REQUIRED AT THE CONCLU-
 SION OF THE LEASE.
 S. 7677                             3
 
   (D) REQUIRING THE SUBMISSION OF A FARMLAND  CONSERVATION  FEE  OF  ONE
 PERCENT  OF  THE  PRICE  PER  ACRE OF PRIME SOIL OR PRIME FARMLAND WHICH
 SOLAR IS DEVELOPED ON. SUCH FARMLAND CONSERVATION FEE SHALL BE DEPOSITED
 IN THE  FARMLAND  PRESERVATION  FUND  SUBACCOUNT  OF  THE  ENVIRONMENTAL
 PROTECTION FUND.
   (E)  FARMLAND  PROTECTION  AND  CONSIDERATION  OF LOCAL ECONOMIES. THE
 OFFICE SHALL TAKE INTO  ACCOUNT  THE  REGIONAL  IMPACTS,  BASED  ON  THE
 REGIONAL  ECONOMIC DEVELOPMENT COUNCIL REGION, ON FARMLAND PRESERVATION,
 LOCAL FOOD SUPPLY CHAINS, AND STATEWIDE FOOD SECURITY; PROVIDED THAT THE
 OFFICE SHALL ENSURE THAT A CRITICAL MASS OF FARMLAND WITHIN  THE  DESIG-
 NATED  REGION  IS NOT THREATENED AND SHALL ENSURE THAT NO MORE THAN FIVE
 PERCENT OF PRIME SOILS WITHIN A REGIONAL  ECONOMIC  DEVELOPMENT  COUNCIL
 REGION  MAY  BE  DEVELOPED  FOR  SOLAR  PROJECTS.  THE OFFICE SHALL ALSO
 REQUIRE THE PERMITTEE TO COORDINATE  WITH  COUNTY-LEVEL  GOVERNMENTS  TO
 ENSURE  NO  MORE THAN FIFTEEN PERCENT OF THE LAND MASS BY SQUARE MILE OF
 ANY COUNTY SHALL BE DEVELOPED FOR SOLAR ENERGY DEVELOPMENT  OR  NO  MORE
 LAND  MASS  THAN WILL SIGNIFICANTLY NEGATIVELY IMPACT THE LOCAL ECONOMY,
 WHICHEVER IS SMALLER.
   § 4. 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.