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
S. 8020 2
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.
