S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2888--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2023
                                ___________
 
 Introduced  by  M. of A. BARRETT, LUPARDO, GUNTHER, KELLES, GONZALEZ-RO-
   JAS, COLTON, SIMON -- read once and referred to the Committee on Ener-
   gy -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the public authorities law and  the  executive  law,  in
   relation  to authorizing the New York state energy research and devel-
   opment authority to develop a  clean  energy  outreach  and  community
   planning program; and providing for the repeal of such provisions upon
   expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 8 of the  public  authorities  law  is  amended  by
 adding a new title 9-C to read as follows:
                                 TITLE 9-C
           CLEAN ENERGY OUTREACH AND COMMUNITY PLANNING PROGRAM
 SECTION 1910. STATEMENT OF LEGISLATIVE FINDINGS AND INTENT.
         1911. DEFINITIONS.
         1912. POWERS AND DUTIES.
         1913. FUNDING.
         1914. REPORTING.
   § 1910. STATEMENT OF LEGISLATIVE FINDINGS AND INTENT. 1. FINDINGS. THE
 LEGISLATURE HEREBY FINDS, DETERMINES, AND DECLARES:
   (A) NEW YORK WILL NEED TO ACCELERATE THE DEPLOYMENT OF RENEWABLE ENER-
 GY  PROJECTS,  BOTH LARGE-SCALE AND DISTRIBUTED ENERGY SYSTEMS, IN ORDER
 TO ACHIEVE THE MANDATES OF THE NEW YORK  STATE  CLIMATE  LEADERSHIP  AND
 COMMUNITY  PROTECTION ACT ENACTED AS CHAPTER ONE HUNDRED SIX OF THE LAWS
 OF TWO THOUSAND NINETEEN (THE "CLCPA").
   (B) IN ADDITION TO THE AUTHORITY'S PROCUREMENT PROGRAMS  AND  IMPROVED
 STATE  PERMITTING  PROCESSES,  RENEWABLE ENERGY PROJECTS REQUIRE COLLAB-
 ORATION BETWEEN HOST COMMUNITIES  AND  RENEWABLE  ENERGY  DEVELOPERS  IN
 ORDER TO BE SUCCESSFULLY AND APPROPRIATELY SITED AND CONSTRUCTED.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01444-04-3
              

 A. 2888--A                          2
 
   (C) LOCAL LAND USE DECISIONS ARE IMPORTANT TO MEETING THE GOALS OF THE
 CLCPA,  BUT  COMMUNITIES  OFTEN DO NOT HAVE CAPACITY OR SUFFICIENT TOOLS
 AND INFORMATION TO EFFECTIVELY PLAN FOR RENEWABLE ENERGY SITING.
   (D)  COMMUNITY CONCERNS REGARDING THE POTENTIAL IMPACTS OF LARGE-SCALE
 AND DISTRIBUTED ENERGY SYSTEMS ARE DIFFERENT, BUT BOTH CAN PROVIDE ENER-
 GY COST SAVINGS FOR RESIDENTS AND BUSINESSES  IN  THE  COMMUNITY,  LOCAL
 INFRASTRUCTURE  IMPROVEMENT,  LOCAL  TAX  REVENUE AND ECONOMIC BENEFITS,
 LOCAL JOB CREATION, AND CLEANER AIR.
   (E) THERE HAS BEEN A LACK OF INFORMATION ABOUT THE LOCAL BENEFITS  AND
 IMPACTS  OF  RENEWABLE ENERGY DEVELOPMENT AND THE BEST WAYS FOR COMMUNI-
 TIES TO MAXIMIZE BENEFITS WHILE AVOIDING AND MITIGATING IMPACTS.
   (F) A MULTI-PRONGED APPROACH  IS  NECESSARY  TO  PROVIDE  COMMUNITIES,
 INCLUDING  DISADVANTAGED COMMUNITIES AS DESIGNATED UNDER THE CLCPA, WITH
 THE INFORMATION AND TOOLS NECESSARY TO SUPPORT  THE  APPROPRIATE  SITING
 AND ACCEPTANCE OF RENEWABLE ENERGY SOURCES, INCLUDING WIND, SOLAR, STOR-
 AGE AND TRANSMISSION AND DISTRIBUTION UPGRADES.
   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, WHICH WILL PROVIDE JOBS,  LOWER  ENERGY  COSTS  AND
 REDUCE  PRICE  VOLATILITY,  AND  REDUCE  THE  NEED FOR FOSSIL FUEL BASED
 POWER, BRINGING CLEAN AIR AND PUBLIC HEALTH BENEFITS AND REDUCED  GREEN-
 HOUSE 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 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  ENERGY  THROUGH  PROCESSES  THAT ENSURE AND ENHANCE PUBLIC
 OUTREACH, EDUCATION AND ENGAGEMENT, PARTICULARLY IN  FRONTLINE  COMMUNI-
 TIES  THAT  HAVE  HISTORICALLY  BEEN  DISENFRANCHISED  AND DISCRIMINATED
 AGAINST IN THE LOCAL LAND USE DECISION-MAKING PROCESS.
   § 1911. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "AUTHORITY"  SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
 SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
   2. "DEPARTMENTS" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL  CONSERVA-
 TION,  THE  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS, THE DEPARTMENT OF
 ECONOMIC DEVELOPMENT, AND THE DEPARTMENT OF PUBLIC SERVICE.
   3. "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS  DEFINED
 IN SUBDIVISION FIVE OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION
 LAW.
   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.
   §  1912.  POWERS  AND  DUTIES.  THE AUTHORITY IS HEREBY AUTHORIZED AND
 DIRECTED TO UNDERTAKE SUCH ACTIONS IT DEEMS NECESSARY OR  CONVENIENT  TO
 ESTABLISH  A  CLEAN  ENERGY  OUTREACH  AND COMMUNITY PLANNING PROGRAM TO
 A. 2888--A                          3
 
 PROVIDE INFORMATION, RESOURCES AND TECHNICAL ASSISTANCE TO  SUPPORT  THE
 SITING AND ACCEPTANCE OF RENEWABLE ENERGY FACILITIES, INCLUDING:
   1.  DEVELOPING  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  BENE-
 FITS  OF  RENEWABLE  ENERGY  FACILITIES.  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
 CAN PROVIDE WHILE DEMONSTRATING STRATEGIES AND SOLUTIONS THAT ARE AVAIL-
 ABLE TO ENSURE THAT COMMUNITY IMPACTS ARE MINIMIZED;
   (B) COMPREHENSIVE EDUCATION AND OUTREACH TO LOCAL GOVERNMENTS THAT MAY
 HOST  RENEWABLE ENERGY FACILITIES TO PROVIDE OBJECTIVE INFORMATION ABOUT
 THE IMPACTS OF CLEAN ENERGY DEVELOPMENT  AND  MITIGATION  OPPORTUNITIES;
 AND
   (C)  FACILITATION  OF  REGIONAL  DISCUSSION FORUMS FOR COMMUNITIES AND
 RENEWABLE ENERGY DEVELOPERS TO EXCHANGE INFORMATION AND ENSURE THAT  ALL
 HAVE ACCESS TO THE SAME INFORMATION NECESSARY TO SUPPORT THE APPROPRIATE
 SITING AND ACCEPTANCE OF RENEWABLE ENERGY FACILITIES.
   2.  COLLABORATING  WITH  COMMUNITY  STAKEHOLDERS,  THE AGRICULTURE AND
 FORESTRY SECTORS AND THE RENEWABLE ENERGY INDUSTRY TO DEVELOP NEW RENEW-
 ABLE ENERGY PLANNING TOOLS AND RESOURCES FOR LOCAL  GOVERNMENTS.    SUCH
 RESOURCES  SHALL  INCLUDE  A PUBLICLY AVAILABLE CLEAN 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 ENERGY DEVELOPMENT MAPPING TOOL SHALL  BE  AVAILABLE  ON
 THE  AUTHORITY'S  WEBSITE  AND  SHALL PROVIDE SUFFICIENT INFORMATION AND
 GUIDANCE TO ALLOW COMMUNITIES TO UNDERTAKE A COMPREHENSIVE EVALUATION OF
 THE POTENTIAL FOR CLEAN ENERGY DEVELOPMENT AND TO PLAN  PROACTIVELY  FOR
 DEPLOYMENT  THAT  MAXIMIZES  LOCAL BENEFIT AND MINIMIZES IMPACT ON LANDS
 WITH AGRICULTURAL SOILS, FARMING, FORESTS, AND OTHER COMPETING USES.
   (B) THE CLEAN ENERGY DEVELOPMENT MAPPING TOOL MAY USE PUBLICLY  AVAIL-
 ABLE  DATA  AND  SHALL  BE DESIGNED TO FACILITATE PARTICIPATION BY LOCAL
 GOVERNMENTS, RENEWABLE ENERGY DEVELOPERS AND OTHERS IN EXISTING  RENEWA-
 BLE ENERGY SITING AND PLANNING PROCESSES.
   (C)  THE  CLEAN  ENERGY  DEVELOPMENT MAPPING TOOL SHALL PROVIDE MAPPED
 INFORMATION ON AGRICULTURAL,  ENVIRONMENTAL,  ENERGY  SYSTEM  AND  OTHER
 RESOURCES RELEVANT TO RENEWABLE ENERGY SITING, INCLUDING, BUT NOT LIMIT-
 ED  TO:  LAND  USE  COVER  DATA;  DISADVANTAGED  COMMUNITIES; 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 ARCHAEO-
 LOGICAL  RESOURCES;  PUBLIC PARKS, PRESERVES AND RECREATIONAL RESOURCES;
 CONSERVED AND PROTECTED LANDS; HOSTING CAPACITY; DISTRIBUTION, AND TRAN-
 SMISSION LINES; AND TOPOGRAPHY AS RELEVANT TO  SITING  RENEWABLE  ENERGY
 FACILITIES.
   3.  PROVIDING  TECHNICAL  ASSISTANCE AND TRAINING TO LOCAL GOVERNMENTS
 AND OTHER STAKEHOLDERS ON THE USE OF SUCH TOOLS AND RESOURCES, INCLUDING
 THE CLEAN ENERGY DEVELOPMENT MAPPING TOOL.
   4. PROCURING THE SERVICES OF  SERVICE  PROVIDERS,  INCLUDING  REGIONAL
 PLANNING  ASSOCIATIONS,  NON-PROFITS, AND COMMUNITY-BASED ORGANIZATIONS,
 TO CONDUCT OUTREACH AND EDUCATION ABOUT CLEAN ENERGY  BENEFITS,  DEVELOP
 NEW  RENEWABLE  ENERGY  PLANNING  TOOLS AND RESOURCES, INCLUDING A CLEAN
 A. 2888--A                          4
 
 ENERGY DEVELOPMENT MAPPING TOOL, AND TO PROVIDE TECHNICAL ASSISTANCE AND
 TRAINING TO MUNICIPALITIES TO SUPPORT THE  AUTHORITY'S  RESPONSIBILITIES
 UNDER THIS SECTION.
   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.
   §  1913.  FUNDING.  1. THE AUTHORITY MAY UTILIZE FEES COLLECTED BY THE
 OFFICE OF RENEWABLE ENERGY SITING PURSUANT TO PARAGRAPH (E) OF  SUBDIVI-
 SION  SEVEN  OF SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW TO ADMINISTER
 THE PROGRAM CREATED PURSUANT TO THIS TITLE.
   2. THE AUTHORITY SHALL ANNUALLY NOTIFY THE OFFICE OF RENEWABLE  ENERGY
 SITING OF THE AMOUNT NECESSARY TO FUND SUCH PROGRAM.
   § 1914. REPORTING. 1. EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FOUR,
 THE  AUTHORITY  SHALL ISSUE AN ANNUAL REPORT REGARDING THE EFFECTIVENESS
 OF THE PROGRAM AND PROVIDING RECOMMENDATIONS  FOR  IMPROVEMENTS  TO  THE
 PROGRAM. SUCH REPORT SHALL INCLUDE:
   (A)  THE  NUMBER  AND  IDENTITY  OF  COMMUNITIES AND LOCAL GOVERNMENTS
 REACHED THROUGH THE COMPREHENSIVE  EDUCATION,  ENGAGEMENT  AND  OUTREACH
 EFFORT;
   (B)  THE NUMBER OF REGIONAL DISCUSSION FORUMS HELD FOR COMMUNITIES AND
 DEVELOPERS, AND IDENTIFICATION OF ATTENDEES AND DESCRIPTION OF OUTCOMES;
   (C) THE NUMBER, DESCRIPTION AND STATUS OF  RENEWABLE  ENERGY  PLANNING
 TOOLS  AND  RESOURCES  DEVELOPED, INCLUDING THE CLEAN ENERGY DEVELOPMENT
 MAPPING TOOL;
   (D) THE NUMBER AND IDENTITY OF LOCAL GOVERNMENTS  RECEIVING  TECHNICAL
 ASSISTANCE  AND  TRAINING  ON  THE  CLEAN  ENERGY MAPPING TOOL AND OTHER
 RESOURCES;
   (E) THE NUMBER OF SERVICE PROVIDERS AND CONTRACTS AWARDED;
   (F) THE AMOUNT OF FUNDS INVESTED IN  THE  CLEAN  ENERGY  OUTREACH  AND
 COMMUNITY PLANNING PROGRAM; AND
   (G)  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.
   §  2. Subdivision 7 of section 94-c of the executive law is amended by
 adding a new paragraph (e) to read as follows:
   (E) IN ADDITION TO THE FEES ESTABLISHED PURSUANT TO PARAGRAPHS (A) AND
 (D) OF THIS SUBDIVISION, THE OFFICE,  PURSUANT  TO  REGULATIONS  ADOPTED
 PURSUANT TO THIS SECTION, MAY ASSESS A FEE FOR THE PURPOSE OF RECOVERING
 COSTS  THE  NEW  YORK  STATE  ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY
 INCURS PURSUANT TO TITLE NINE-C OF ARTICLE EIGHT OF THE PUBLIC  AUTHORI-
 TIES LAW.
   §  3. This act shall take effect immediately and shall expire December
 31, 2031 when upon such date this act shall be deemed repealed; provided
 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; provided, 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 liabil-
 ity incurred, prior to the time such repeal takes effect,  and  provided
 A. 2888--A                          5
 
 further  that  any  project for which the New York state energy research
 and development authority has expended, or committed to a third-party to
 expend, funds towards the development of a  build-ready  site  prior  to
 such  repeal shall be permitted to continue in accordance with title 9-C
 of article 8 of the public authorities law notwithstanding such repeal.