S T A T E O F N E W Y O R K
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11237--A
I N A S S E M B L Y
May 1, 2026
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Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Economic Development -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the economic development law, in relation to certain
construction project contracts to include siting of renewable energy
systems, qualified energy storage systems, or electric major utility
transmission facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The economic development law is amended by adding a new
section 107 to read as follows:
§ 107. RENEWABLE ENERGY AND TRANSMISSION SITING CONSIDERATIONS. ANY
CONTRACT FOR NEW CONSTRUCTION PROJECTS ENTERED INTO, OVERSEEN, OR
ENFORCED BY THE DEPARTMENT OR THE EMPIRE STATE DEVELOPMENT CORPORATION
WITH A VALUE OF GREATER THAN OR EQUAL TO FIVE MILLION DOLLARS IN STATE
FUNDING PARTICIPATION SHALL INCLUDE, TO THE GREATEST EXTENT FEASIBLE,
SITING OF RENEWABLE ENERGY SYSTEMS AS DEFINED IN SECTION SIXTY-SIX-P OF
THE PUBLIC SERVICE LAW, QUALIFIED ENERGY STORAGE SYSTEMS AS DEFINED IN
SECTION SEVENTY-FOUR OF THE PUBLIC SERVICE LAW, OR ELECTRIC MAJOR UTILI-
TY TRANSMISSION FACILITIES AS DEFINED IN SECTION ONE HUNDRED TWENTY OF
THE PUBLIC SERVICE LAW WITHIN THE TERMS OF CONSTRUCTION OF SUCH PROJECT.
THE DEPARTMENT OR THE EMPIRE STATE DEVELOPMENT CORPORATION MAY CONSULT
WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, OR
ANY OTHER RELEVANT AGENCY OR AUTHORITY WHEN CONSIDERING THE SITING OF
QUALIFIED ENERGY STORAGE SYSTEMS, RENEWABLE ENERGY SYSTEMS AND ELECTRIC
MAJOR UTILITY TRANSMISSION FACILITIES. IF SUCH A PROJECT CANNOT ACCOMMO-
DATE THE SITING OF RENEWABLE ENERGY SYSTEMS, ELECTRIC MAJOR UTILITY
TRANSMISSION FACILITIES, OR A QUALIFIED ENERGY STORAGE SYSTEM, THE
DEPARTMENT OR THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL ISSUE A
BRIEF DETERMINATION IN WRITING INCLUDING A DESCRIPTION OF THE REASONS
FOR THE DECISION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11820-04-6