S T A T E O F N E W Y O R K
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1733
2023-2024 Regular Sessions
I N A S S E M B L Y
January 20, 2023
___________
Introduced by M. of A. GOODELL -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the public service law and the executive law, in
relation to requiring financial security for reclamation for solar and
wind electric generating systems
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
66-u to read as follows:
§ 66-U. FINANCIAL SECURITY FOR RECLAMATION FOR SOLAR AND WIND ELECTRIC
GENERATING SYSTEMS. 1. BEFORE THE COMMISSION MAY ISSUE A PERMIT OR FIND
A SOLAR OR WIND ELECTRIC GENERATING SYSTEM IN COMPLIANCE WITH ANY TERMS
AND CONDITIONS SET FORTH IN ANY PERMIT ALREADY ISSUED, THE APPLICANT
SHALL FURNISH FINANCIAL SECURITY TO ENSURE THE PERFORMANCE OF RECLAMA-
TION AS PROVIDED IN THE APPROVED PLAN FOR A SOLAR OR WIND ELECTRIC
GENERATING SYSTEM AND NAMING THE STATE AS BENEFICIARY. FINANCIAL SECURI-
TY SHALL BE IN THE FORM OF A BOND FROM A CORPORATE SURETY LICENSED TO DO
BUSINESS AS SUCH IN THE STATE OR ANY OTHER FORM THE COMMISSION DEEMS
ACCEPTABLE. ANY INTEREST ACCRUING AS A RESULT OF SUCH SECURITY SHALL BE
THE EXCLUSIVE PROPERTY OF THE PERMITTEE.
2. THE COMMISSION SHALL DETERMINE THE AMOUNT, CONDITION, AND TERMS OF
THE FINANCIAL SECURITY. THE AMOUNT SHALL BE BASED UPON THE ESTIMATED
COST OF RECLAIMING THE AFFECTED LAND, WHICH SHALL BE BASED ON INFORMA-
TION CONTAINED IN THE PERMIT APPLICATION AND UPON SUCH INFORMATION AS AN
INVESTIGATION BY THE COMMISSION MAY DISCLOSE.
3. THE FINANCIAL SECURITY SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL
THE COMMISSION HAS APPROVED THE RECLAMATION. AT THE DISCRETION OF THE
COMMISSION, THE PERMITTEE MAY SECURE THE RELEASE OF THAT PORTION OF THE
FINANCIAL SECURITY FOR AFFECTED LAND ON WHICH RECLAMATION HAS BEEN
COMPLETED AND APPROVED BY THE COMMISSION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03973-01-3
A. 1733 2
4. IF THE FINANCIAL SECURITY SHALL FOR ANY REASON BE CANCELLED, WITHIN
THIRTY DAYS AFTER RECEIVING NOTICE THEREOF, THE PERMITTEE SHALL PROVIDE
A VALID REPLACEMENT UNDER THE SAME CONDITIONS AS DESCRIBED IN THIS
SECTION. FAILURE TO PROVIDE A REPLACEMENT BOND WITHIN SUCH PERIOD MAY,
AT THE DISCRETION OF THE COMMISSION, RESULT IN THE IMMEDIATE SUSPENSION
OF THE PERMIT.
5. IF A PERMIT IS SUSPENDED OR REVOKED, THE COMMISSION MAY REQUIRE THE
PERMITTEE TO COMMENCE RECLAMATION UPON THIRTY DAYS NOTICE.
6. IF THE PERMITTEE FAILS TO COMMENCE OR TO COMPLETE THE RECLAMATION
AS REQUIRED, THE COMMISSION MAY ATTACH THE FINANCIAL SECURITY FURNISHED
BY THE PERMITTEE. IN ANY EVENT, THE FULL COST OF COMPLETING RECLAMATION
SHALL BE THE PERSONAL LIABILITY OF THE PERMITTEE AND/OR THE PERSON
OWNING OR OPERATING THE SOLAR OR WIND ELECTRIC GENERATING SYSTEM AND THE
COMMISSION, ACTING BY THE ATTORNEY GENERAL, MAY BRING SUIT TO RECOVER
ALL COSTS TO SECURE THE RECLAMATION NOT COVERED BY THE FINANCIAL SECURI-
TY. THE MATERIALS, MACHINERY, IMPLEMENTS AND TOOLS OF EVERY DESCRIPTION
WHICH MAY BE FOUND AT THE SOLAR OR WIND ELECTRIC GENERATING SYSTEM SITE,
OR OTHER ASSETS OF THE PERMITTEE AND/OR THE PERSON OWNING OR OPERATING
THE SOLAR OR WIND ELECTRIC GENERATING SYSTEM SHALL BE SUBJECT TO A LIEN
OF THE COMMISSION FOR THE AMOUNT EXPENDED FOR RECLAMATION OF AFFECTED
LANDS AND SHALL NOT BE REMOVED WITHOUT THE WRITTEN CONSENT OF THE
COMMISSION. SUCH LIEN MAY BE FORECLOSED BY THE ATTORNEY GENERAL IN THE
SAME MANNER AS A MECHANIC'S LIEN.
7. POLITICAL SUBDIVISIONS, MUNICIPALITIES, THE UNITED STATES AND ANY
OF ITS AGENCIES AND AGENCIES OF THE STATE SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THIS SECTION.
§ 2. Section 94-c of the executive law is amended by adding a new
subdivision 9 to read as follows:
9. FINANCIAL SECURITY FOR RECLAMATION FOR SOLAR AND WIND ELECTRIC
GENERATING SYSTEMS. (A) BEFORE THE OFFICE MAY ISSUE A SITING PERMIT FOR
A SOLAR OR WIND ELECTRIC GENERATING SYSTEM OR FIND A SOLAR OR WIND ELEC-
TRIC GENERATING SYSTEM IN COMPLIANCE WITH ANY TERMS AND CONDITIONS SET
FORTH IN ANY SITING PERMIT ALREADY ISSUED, THE APPLICANT SHALL FURNISH
FINANCIAL SECURITY TO ENSURE THE PERFORMANCE OF RECLAMATION AS PROVIDED
IN THE APPROVED PRE-APPLICATION PUBLIC INVOLVEMENT PROGRAM PLAN FOR A
SOLAR OR WIND ELECTRIC GENERATING SYSTEM AND NAMING THE STATE AS BENEFI-
CIARY. FINANCIAL SECURITY SHALL BE IN THE FORM OF A BOND FROM A CORPO-
RATE SURETY LICENSED TO DO BUSINESS AS SUCH IN THE STATE OR ANY OTHER
FORM THE OFFICE DEEMS ACCEPTABLE. ANY INTEREST ACCRUING AS A RESULT OF
SUCH SECURITY SHALL BE THE EXCLUSIVE PROPERTY OF THE PERMITTEE.
(B) THE OFFICE SHALL DETERMINE THE AMOUNT, CONDITION, AND TERMS OF THE
FINANCIAL SECURITY. THE AMOUNT SHALL BE BASED UPON THE ESTIMATED COST OF
RECLAIMING THE AFFECTED LAND, WHICH SHALL BE BASED ON INFORMATION
CONTAINED IN THE SITING PERMIT APPLICATION AND UPON SUCH INFORMATION AS
AN INVESTIGATION BY THE OFFICE MAY DISCLOSE.
(C) THE FINANCIAL SECURITY SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL
THE OFFICE HAS APPROVED THE RECLAMATION. AT THE DISCRETION OF THE
OFFICE, THE PERMITTEE MAY SECURE THE RELEASE OF THAT PORTION OF THE
FINANCIAL SECURITY FOR AFFECTED LAND ON WHICH RECLAMATION HAS BEEN
COMPLETED AND APPROVED BY THE OFFICE.
(D) IF THE FINANCIAL SECURITY SHALL FOR ANY REASON BE CANCELLED, WITH-
IN THIRTY DAYS AFTER RECEIVING NOTICE THEREOF, THE PERMITTEE SHALL
PROVIDE A VALID REPLACEMENT UNDER THE SAME CONDITIONS AS DESCRIBED IN
THIS SECTION. FAILURE TO PROVIDE A REPLACEMENT BOND WITHIN SUCH PERIOD
MAY, AT THE DISCRETION OF THE OFFICE, RESULT IN THE IMMEDIATE SUSPENSION
OF THE SITING PERMIT.
A. 1733 3
(E) IF A SITING PERMIT IS SUSPENDED OR REVOKED, THE OFFICE MAY REQUIRE
THE PERMITTEE TO COMMENCE RECLAMATION UPON THIRTY DAYS NOTICE.
(F) IF THE PERMITTEE FAILS TO COMMENCE OR TO COMPLETE THE RECLAMATION
AS REQUIRED, THE OFFICE MAY ATTACH THE FINANCIAL SECURITY FURNISHED BY
THE PERMITTEE. IN ANY EVENT, THE FULL COST OF COMPLETING RECLAMATION
SHALL BE THE PERSONAL LIABILITY OF THE PERMITTEE AND/OR THE PERSON
OWNING OR OPERATING THE SOLAR OR WIND ELECTRIC GENERATING SYSTEM AND THE
OFFICE, ACTING BY THE ATTORNEY GENERAL, MAY BRING SUIT TO RECOVER ALL
COSTS TO SECURE THE RECLAMATION NOT COVERED BY THE FINANCIAL SECURITY.
THE MATERIALS, MACHINERY, IMPLEMENTS AND TOOLS OF EVERY DESCRIPTION
WHICH MAY BE FOUND AT THE SOLAR OR WIND ELECTRIC GENERATING SYSTEM SITE,
OR OTHER ASSETS OF THE PERMITTEE AND/OR THE PERSON OWNING OR OPERATING
THE SOLAR OR WIND ELECTRIC GENERATING SYSTEM SHALL BE SUBJECT TO A LIEN
OF THE OFFICE FOR THE AMOUNT EXPENDED FOR RECLAMATION OF AFFECTED LANDS
AND SHALL NOT BE REMOVED WITHOUT THE WRITTEN CONSENT OF THE OFFICE. SUCH
LIEN MAY BE FORECLOSED BY THE ATTORNEY GENERAL IN THE SAME MANNER AS A
MECHANIC'S LIEN.
(G) POLITICAL SUBDIVISIONS, MUNICIPALITIES, THE UNITED STATES AND ANY
OF ITS AGENCIES AND AGENCIES OF THE STATE SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THIS SECTION.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the amendments to
section 94-c of the executive law, made by section two of this act,
shall not affect the repeal of such section and shall be deemed repealed
therewith. Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed on or
before such effective date.