S T A T E O F N E W Y O R K
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11687
I N A S S E M B L Y
September 2, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simpson) --
read once and referred to the Committee on Energy
AN ACT to amend the environmental conservation law and the public
service law, in relation to requiring the office of renewable energy
siting and electric transmission function in line with the state's
commitment to environmental conservation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. In an effort to fulfill
New York's overly ambitious environmental goals, the Office of Renewable
Energy Siting was created with the intention of stream-lining the
permitting of major renewable energy projects. However, it has become
increasingly apparent that ORES does not function in line with the
state's purported commitment to environmental conservation. The enact-
ment of the RAPID Act in 2024 gave ORES the unchecked authority to over-
ride local control over proposed energy projects, even where such
projects would adversely affect the residents, wildlife, and overall
ecological value of the sited land. It is imperative that ORES is held
accountable for its actions, and that the rights of small towns and
municipal governments are restored.
§ 2. Section 49-0113 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
6. THE OFFICE OF RENEWABLE ENERGY SITING AND ELECTRIC TRANSMISSION,
ESTABLISHED PURSUANT TO SECTION THREE-C OF THE PUBLIC SERVICE LAW, SHALL
ADHERE TO THE GOALS, STRATEGIES, AND METHODOLOGIES STATED AND DEVELOPED
UNDER THIS SECTION.
§ 3. Section 138 of the public service law is amended by adding two
new subdivisions 6 and 7 to read as follows:
6. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(I) "THIRTY-BY-THIRTY" MEANS THE THIRTY BY THIRTY CONSERVATION GOAL
ESTABLISHED UNDER SECTION 49-0113 OF THE ENVIRONMENTAL CONSERVATION LAW.
(II) "CONSERVATION EASEMENT" MEANS A VOLUNTARY, LEGAL AGREEMENT THAT
PROTECTS THE NATURAL RESOURCES OF A PARCEL OF LAND BY RESTRICTING FUTURE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15554-01-6
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LAND USE AND/OR DEVELOPMENT ON THE PROPERTY IN PERPETUITY, THAT IS HELD
BETWEEN A PRIVATE LANDOWNER AND A GOVERNMENT AGENCY OR LAND TRUST, WITH
THE LANDOWNER MAINTAINING OWNERSHIP.
(III) "OPEN SPACE CONSERVATION PLAN" MEANS THE COMPREHENSIVE STATEWIDE
PLAN DEVELOPED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE
OFFICE OF PARKS, RECREATION, AND HISTORIC PRESERVATION THAT DESCRIBES
CURRENT OPEN SPACE CONSERVATION GOALS, ACTIONS, TOOLS, RESOURCES AND
PROGRAMS ADMINISTERED BY STATE AND FEDERAL AGENCIES AND CONSERVATION
NONPROFITS.
(IV) "CERTIFIED AGRICULTURAL DISTRICT" MEANS A DISTRICT ESTABLISHED
PURSUANT TO ARTICLE TWENTY-FIVE-AA OF THE AGRICULTURE AND MARKETS LAW.
(V) "MINERAL SOIL GROUPS ONE THROUGH FOUR" MEANS AGRICULTURAL LANDS
CLASSIFIED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT TO
SECTION THREE HUNDRED FOUR-A OF THE AGRICULTURE AND MARKETS LAW AS
MINERAL SOIL GROUPS 1A, 1B, 2A, 2B, 3A, 3B, 4A, AND 4B UNDER THE STATE
AGRICULTURAL LAND CLASSIFICATION SYSTEM.
(VI) "REGULATED WETLANDS" MEANS FRESHWATER WETLANDS AS DEFINED IN
SUBDIVISION ONE OF SECTION 24-0107 OF THE ENVIRONMENTAL CONSERVATION
LAW.
(VII) "GRASSLAND BIRD CONSERVATION CENTER" MEANS A GEOGRAPHIC AREA
DESIGNATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS A PRIORITY
AREA FOR THE CONSERVATION AND MANAGEMENT OF GRASSLAND BIRD HABITAT.
(VIII) "FOREST PRESERVE" MEANS THOSE LANDS OWNED OR HEREAFTER ACQUIRED
BY THE STATE WITHIN THE COUNTIES OF CLINTON, EXCEPT THE TOWNS OF ALTONA
AND DANNEMORA, DELAWARE, ESSEX, FRANKLIN, FULTON, HAMILTON, HERKIMER,
LEWIS, ONEIDA, SARATOGA, SAINT LAWRENCE, WARREN, WASHINGTON, GREENE,
ULSTER, AND SULLIVAN, AS IDENTIFIED IN SECTION 9-0101 OF THE ENVIRON-
MENTAL CONSERVATION LAW, WHICH LANDS ARE PROTECTED AS FOREVER WILD
PURSUANT TO SECTION ONE OF ARTICLE FOURTEEN OF THE CONSTITUTION OF THE
STATE OF NEW YORK.
(IX) "STATE FORESTS" MEANS THOSE LANDS OWNED BY THE STATE AND ADMINIS-
TERED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OUTSIDE THE
ADIRONDACK PARK AND THE CATSKILL PARK, INCLUDING REFORESTATION AREAS
ACQUIRED PURSUANT TO TITLE FIVE OF ARTICLE NINE OF THE ENVIRONMENTAL
CONSERVATION LAW, MULTIPLE-USE AREAS, UNIQUE AREAS, AND STATE NATURE AND
HISTORIC PRESERVES, WHICH LANDS ARE MANAGED FOR THE SUSTAINABLE USE OF
NATURAL RESOURCES, WATERSHED PROTECTION, AND PUBLIC RECREATION.
(X) "WILDLIFE MANAGEMENT AREAS" MEANS THOSE LANDS OWNED BY THE STATE
AND ADMINISTERED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSU-
ANT TO ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW FOR THE
PROTECTION, CONSERVATION, AND PROMOTION OF THE STATE'S FISH AND WILDLIFE
RESOURCES, WHICH LANDS ARE DESIGNATED AND MANAGED TO PROVIDE HABITAT FOR
FISH AND WILDLIFE SPECIES, INCLUDING GAME SPECIES, AND ARE OPEN TO THE
PUBLIC FOR COMPATIBLE RECREATIONAL USES INCLUDING HUNTING, FISHING,
TRAPPING, AND WILDLIFE OBSERVATION.
(XI) "ECOLOGICAL VALUE" MEANS THE RELATIVE CONSERVATION SIGNIFICANCE
OF A PARCEL OF LAND, AS DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION PURSUANT TO A STANDARDIZED SCORING METHODOLOGY ESTABLISHED
BY REGULATION, BASED ON THE FOLLOWING CRITERIA: (A) BIODIVERSITY AND
HABITAT QUALITY, INCLUDING THE PRESENCE OF SPECIES LISTED AS THREATENED
OR ENDANGERED UNDER ARTICLE ELEVEN OF THE ENVIRONMENTAL CONSERVATION LAW
OR THE FEDERAL ENDANGERED SPECIES ACT OF 1973; (B) HYDROLOGICAL FUNC-
TION, INCLUDING WETLAND COVERAGE, FLOODPLAIN CONNECTIVITY, AND CONTRIB-
UTION TO WATERSHED INTEGRITY; (C) SOIL CLASSIFICATION UNDER THE STATE
AGRICULTURAL LAND CLASSIFICATION SYSTEM; (D) CONTIGUITY WITH OR PROXIMI-
TY TO EXISTING PROTECTED LANDS, INCLUDING TIER ONE LANDS DESIGNATED
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UNDER THIS SUBDIVISION; (E) CARBON SEQUESTRATION CAPACITY; (F) FOREST
INTERIOR ACREAGE AND CANOPY COVER; AND (G) LANDSCAPE CONNECTIVITY VALUE
AS IDENTIFIED IN THE OPEN SPACE CONSERVATION PLAN.
(B) THE LANDS OF THE STATE SHALL BE DIVIDED INTO THREE TIERS:
(I) TIER ONE-PROHIBITED LANDS, WHICH SHALL CONSIST OF FOREST PRESERVE,
STATE FORESTS, AND WILDLIFE MANAGEMENT AREAS.
(II) TIER TWO-CONDITIONALLY ALLOWABLE LANDS REQUIRING COMPENSATORY
TRANSFER, WHICH SHALL CONSIST OF CERTIFIED AGRICULTURAL DISTRICTS, LAND
WITHIN MINERAL SOIL GROUPS ONE THROUGH FOUR, REGULATED WETLANDS, GRASS-
LAND BIRD CONSERVATION AREAS, LAND DESIGNATED IN THE OPEN SPACE PLAN,
AND LAND WITHIN A DEFINED PROXIMITY TO TIER ONE LANDS WHICH SHALL BE
DEFINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
(III) TIER THREE-ALL OTHER LANDS, WHICH SHALL CONSIST OF ALL LANDS NOT
ALREADY IN TIER ONE OR TIER TWO.
(C) ORES SHALL NOT PERMIT THE SITING, CONSTRUCTION OR OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY WHICH REQUIRES THE USE OF, ENCROACHMENT
UPON, OR PERMANENT ALTERATION OF ANY TIER ONE LAND, REGARDLESS OF
PROPOSED MITIGATION MEASURES.
(D) ORES SHALL ONLY PERMIT THE SITING, CONSTRUCTION OR OPERATION OF A
MAJOR RENEWABLE ENERGY FACILITY WHICH REQUIRES THE USE OF, ENCROACHMENT
UPON, OR PERMANENT ALTERATION OF ANY TIER TWO LAND WHERE:
(I) THE PERMITTEE TRANSFERS TO THE STATE, OR TO A LAND TRUST OPERATING
UNDER ARTICLE FORTY-NINE OF THE ENVIRONMENTAL CONSERVATION LAW, A
CONSERVATION EASEMENT MEETING THE REQUIREMENTS OF SUCH ARTICLE OR FEE
SIMPLE INTEREST IN LAND OF EQUIVALENT OR GREATER ECOLOGICAL VALUE WITHIN
THE SAME DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADMINISTRATIVE REGION.
SUCH LAND WILL BE IDENTIFIED BY ORES IN CONSULTATION WITH THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION AND THE HOST MUNICIPALITY, USING CRITERIA
INCLUDING, BUT NOT LIMITED TO: (A) HABITAT TYPE; (B) SOIL CLASSIFICA-
TION; (C) WATERSHED SIGNIFICANCE; (D) PROXIMITY TO EXISTING PROTECTED
LANDS; AND (E) ACREAGE OF LAND. SUCH TRANSFER SHALL OCCUR PRIOR TO THE
ISSUING OF ANY SITING PERMITS. THE RATIO OF LAND REQUIRED TO BE TRANS-
FERRED SHALL BE THREE ACRES OF LAND TRANSFERRED FOR EVERY ONE ACRE OF
TIER TWO LAND WHICH WILL BE USED, ENCROACHMENT UPON, OR PERMANENTLY
ALTERED BY THE SITING FOR THE OPERATIONAL LIFE OF THE MAJOR RENEWABLE
ENERGY FACILITY. FOR THE PURPOSES OF CALCULATING SUCH ACREAGE, ONLY
THOSE ACRES DIRECTLY OCCUPIED BY SOLAR INFRASTRUCTURE, INCLUDING PANELS,
INVERTERS, ACCESS ROADS, AND ASSOCIATED EQUIPMENT, SHALL COUNT TOWARD
THE ACREAGE TOTAL; PROVIDED, HOWEVER, THAT ANY TIER TWO LAND PERMANENTLY
REMOVED FROM AGRICULTURAL PRODUCTION OR ECOLOGICAL FUNCTION, REGARDLESS
OF DIRECT INFRASTRUCTURE COVERAGE, SHALL ALSO BE INCLUDED IN THE ACREAGE
CALCULATION. THE TOTAL ACREAGE OF LAND TO BE TRANSFERRED SHALL BE DETER-
MINED PRIOR TO THE ISSUANCE OF A FINAL SITING PERMIT AND SHALL BE INCOR-
PORATED AS A BINDING CONDITION THEREOF.
(II) THE SITE DESIGN, CONSTRUCTION AND OPERATION ADHERES TO ANY
UNIFORM STANDARDS AND CONDITIONS ESTABLISHED BY ORES IN CONSULTATION
WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN CONSIDERATION OF
THE OPEN SPACE PLAN AND THIRTY-BY-THIRTY PRIORITIES.
(III) IF ORES IDENTIFIES ANY PARCELS WILL BE USED, ENCROACHED UPON, OR
PERMANENTLY ALTERED BY THE SITING, CONSTRUCTION OR OPERATION OF THE
MAJOR RENEWABLE ENERGY FACILITY AS PRIORITY CONSERVATION TARGETS UNDER
THE OPEN SPACE PLAN OR THIRTY-BY-THIRTY, SUCH PARCELS SHALL REQUIRE
SITE-SPECIFIC CONDITIONS ADDRESSING THEIR CONSERVATION VALUE PRIOR TO
PERMIT ISSUANCE.
(E) ANY PARCEL OF LAND THAT IS TRANSFERRED UNDER SUBPARAGRAPH (I) OF
PARAGRAPH (D) OF THIS SUBDIVISION SHALL BE SUBJECT TO AN UNCAPPED
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PAYMENT IN LIEU OF TAXES, PAID ANNUALLY BY THE STATE TO THE HOST MUNICI-
PALITY, CALCULATED AT NO LESS THAN THE FULL ASSESSED VALUE OF THE TRANS-
FERRED PARCEL AT THE TIME OF TRANSFER AND ADJUSTED ANNUALLY THEREAFTER
TO REFLECT CHANGES IN ASSESSED VALUE. SUCH PAYMENTS SHALL CONTINUE FOR
THE OPERATIONAL LIFE OF THE SITING PERMIT AND ANY RENEWAL THEREOF.
7. A FINAL SITING PERMIT SHALL ONLY BE ISSUED IF ORES MAKES A FINDING
THAT THE PROPOSED PROJECT, TOGETHER WITH ANY APPLICABLE UNIFORM AND
SITE-SPECIFIC STANDARDS AND CONDITIONS, WOULD COMPLY WITH APPLICABLE
LAWS AND REGULATIONS, INCLUDING ALL LOCAL LAWS AND ORDINANCES OF THE
HOST MUNICIPALITY. WHERE A HOST MUNICIPALITY HAS ENACTED A LOCAL LAW OR
ORDINANCE THAT PROHIBITS OR RESTRICTS THE SITING OF A MAJOR RENEWABLE
ENERGY FACILITY WITHIN ITS JURISDICTION, ORES SHALL HAVE NO AUTHORITY TO
WAIVE, SUPERSEDE, OR PREEMPT LOCAL LAW OR ORDINANCE. A WRITTEN DETERMI-
NATION BY THE GOVERNING BOARD OF THE HOST MUNICIPALITY THAT A PROPOSED
FACILITY DOES NOT COMPLY WITH APPLICABLE LOCAL LAW SHALL BE BINDING ON
ORES, AND SHALL CONSTITUTE GROUNDS FOR DENIAL OF THE SITING PERMIT.
§ 4. This act shall take effect immediately and shall apply to all
projects under the jurisdiction of the office of renewable energy siting
which have not been approved on or before such effective date; provided,
however, that the amendments to section 49-0113 of the environmental
conservation law made by section two of this act shall not affect the
repeal of such section and shall be deemed repealed therewith; and
provided further, however, that the amendments to section 138 of the
public service law made by section three of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.