N.Y. PBS Law § 138 — New York Code / Act PBS / Article 8 / Section 138
General provisions related to establishing standards related to siting major renewable energy facilities
Status: in_force

* § 138. General provisions related to establishing standards related\nto siting major renewable energy facilities. 1. (a) ORES shall be\nauthorized to establish and amend, subject to the approval of the\ncommission, a set of uniform standards and conditions for the siting,\ndesign, construction and operation of each type of major renewable\nenergy facility subject to this article relevant to issues that are\ncommon for particular classes and categories of major renewable energy\nfacilities, in consultation with other offices within the department,\nthe New York state energy research and development authority, the\ndepartment of environmental conservation, the department of agriculture\nand markets, and other relevant state agencies and authorities with\nsubject matter expertise.\n  (b) The uniform standards and conditions established pursuant to this\nsubdivision shall be designed to avoid or minimize, to the maximum\nextent practicable, any potential significant adverse environmental\nimpacts related to the siting, design, construction and operation of a\nmajor renewable energy facility. Such uniform standards and conditions\nshall apply to those environmental impacts ORES determines are common to\neach type of major renewable energy facility.\n  (c) In its review of an application for a permit to develop a\nmajor-renewable energy facility, ORES, in consultation with the\ndepartment of environmental conservation, shall identify those\nsite-specific adverse environmental impacts, if any, that may be caused\nor contributed to by a specific proposed major renewable energy facility\nand are unable to be addressed by the uniform standards and conditions.\nORES shall draft, in consultation with the department of environmental\nconservation, site-specific permit terms and conditions for such\nimpacts, including provisions for the avoidance or mitigation thereof,\ntaking into account the CLCPA targets and the environmental benefits of\nthe proposed major renewable energy facility; provided, however, that\nORES shall require that the application of uniform standards and\nconditions and site-specific conditions shall achieve a net conservation\nbenefit to any impacted endangered and threatened species.\n  2. To the extent that adverse environmental impacts are not completely\naddressed by uniform standards and conditions and site-specific major\nrenewable energy facility siting permit conditions proposed by ORES, and\nORES determines that mitigation of such impacts may be achieved by\noff-site mitigation, ORES may require payment of a fee by the applicant\nto achieve such off-site mitigation. If ORES determines, in consultation\nwith the department of environmental conservation, that mitigation of\nimpacts to endangered or threatened species that achieves a net\nconservation benefit can be achieved by off-site mitigation, the amount\nto be paid for such off-site mitigation shall be set forth in the final\nmajor renewable energy facility siting permit. ORES may require payment\nof funds sufficient to implement such off-site mitigation into the\nendangered and threatened species mitigation bank fund established\npursuant to section ninety-nine-hh of the state finance law.\n  3. ORES, in consultation with the department, shall promulgate rules\nand regulations with respect to all necessary requirements to implement\nthe siting permit program established in this article and promulgate\nmodifications to such rules and regulations as it deems necessary;\nprovided that ORES shall promulgate regulations requiring the service of\napplications on affected municipalities and political subdivisions\nsimultaneously with submission of an application. Any such rules and\nregulations, or any amendments or modifications thereto, shall be\nsubject to the approval of the public service commission before they\nbecome effective.\n  4. The uniform standards and conditions established pursuant to this\nsection shall be designed to avoid, minimize, or mitigate to the maximum\nextent practicable, potential significant adverse impacts to land used\nin agricultural production, with additional consideration for land\nwithin an agricultural district or land that contains mineral soil\ngroups 1-4. The provisions of this subdivision shall not apply in the\nconsideration of any permits for siting, design, construction, or\noperation of a major renewable energy facility for which a completed\napplication has been received by the office of renewable energy siting\nand electric transmissions prior to the adoption of amended uniform\nstandards and conditions consistent with this subdivision.\n  5. The office of renewable energy siting and electric transmission\npursuant to section three-c of this chapter, in consultation with the\ndepartment, shall post, maintain, and regularly update on its website a\nstatewide map with the location, approximate acreage, and generation\ncapacity of each approved and proposed facility pursuant to this article\nor renewable electric generating facility pursuant to article ten of\nthis chapter for which permitted, complete, or incomplete applications\nor notices of intent have been received by such office or the public\nservice commission. Such statewide map may include any additional\ninformation such office deems necessary. The information required\npursuant to this subdivision shall be updated upon the completion of\neach new or updated application for a proposed facility.\n  * NB Repealed December 31, 2040\n