NY Pub Auth L § 1902 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 9-B - Clean Energy Resources Development and Incentives Program 1902 - Powers and Duties.

* §  1902.  Powers  and duties. The authority is hereby authorized and directed to undertake such actions it deems necessary or  convenient  to foster  and  encourage  the  siting and development of build-ready sites throughout  the  state  in  accordance  with   this   title,   work   in collaboration  with  the  department  of public service and the New York state  urban  development  corporation  and  any  of  their  affiliates, including without limitation:   1.  (a) Locate, identify and assess sites within the state that appear suitable for the development of build-ready sites with a priority  given to  previously developed sites. Such assessment may include but need not be limited to the following considerations:  (i) natural conditions at the site that  are  favorable  to  renewable energy generation;  (ii) current land uses at or near the site;  (iii) environmental conditions at or near the site;  (iv)  the  availability  and  characteristics  of  any transmission or distribution facilities on or near  the  site  that  could  be  used  to facilitate  the  delivery of energy from the site, including existing or potential constraints on such facilities;  (v) the potential for the development of energy storage facilities  at or near the site;  (vi)   potential  impacts  of  development  on  environmental  justice communities; and  (vii) expressions of  commercial  interest  in  the  site  or  general location by developers of major renewable energy facilities.  (b)  In  making  such  assessment the authority shall give priority to previously developed sites,  existing  or  abandoned  commercial  sites, including  without  limitation brownfields, landfills, former commercial or industrial sites, dormant electric  generating  sites,  or  otherwise underutilized sites;   2.  Notwithstanding  any  provision  of law to the contrary that would require the authority to locate sites through a competitive procurement, negotiate and enter into agreements with  persons  who  own  or  control interests  in favorable sites for the purpose of securing the rights and interests necessary to enable the  authority  to  establish  build-ready sites;   3. Establish procedures and protocols for the purpose of establishment and transfer of build-ready sites which shall include, at a minimum: (a) written  notice  at  the  earliest practicable time to a municipality in which a potential build-ready  site  has  been  identified;  and  (b)  a preliminary  screening  process  to  determine, in consultation with the department  of  environmental  conservation,   whether   the   potential build-ready site is located in or near an environmental justice area and whether  an  environmental  justice  area would be adversely affected by development of a build-ready site;   4. Undertake all work and secure such permits as the  authority  deems necessary  or  convenient  to  facilitate  the  process  of establishing build-ready sites and for the  transfer  of  the  build-ready  sites  to developers  selected pursuant to a publicly noticed, competitive bidding process authorized by law;   ** 5. Notwithstanding title five-A of article nine of this chapter  or section  two  thousand  eight  hundred  twenty-seven-a  of this chapter, establish  a  build-ready  program,  including  eligibility  and   other criteria,  pursuant  to which the authority would, through a competitive and transparent  bidding  process,  and  using  single  purpose  project holding  companies  established  by  or  on  behalf of the authority and having no separate and independent operational  control,  acquire,  sell and  transfer  rights  and  other  interests  in  build-ready  sites and  development rights to developers for the  purpose  of  facilitating  the development  of  renewable  energy facilities on such build-ready sites, which single purpose project holding companies shall be subject  to  the laws  of this chapter until conveyed to third parties. Such transactions may include the transfer of rights, interests and  obligations  existing under agreements providing for host community benefits negotiated by the authority  pursuant  to programs established pursuant to subdivision six of this section on such terms and  conditions  as  the  authority  deems appropriate;   ** NB Effective until April 19, 2024   ** 5.  Notwithstanding  title  five-A of article nine of this chapter, establish  a  build-ready  program,  including  eligibility  and   other criteria,  pursuant  to which the authority would, through a competitive and transparent bidding process, transfer rights and other interests  in build-ready  sites  and development rights to developers for the purpose of facilitating the development of renewable energy facilities  on  such build-ready sites. Such transactions may include the transfer of rights, interests  and  obligations existing under agreements providing for host community benefits negotiated by  the  authority  pursuant  to  programs established  pursuant  to  subdivision six of this section on such terms and conditions as the authority deems appropriate;   ** NB Effective April 19, 2024   6. Establish one or more programs pursuant to  which  property  owners and  communities would receive incentives to host major renewable energy facilities developed for the purpose of  advancing  the  state  policies embodied  in  this article. Such program may include without limitation, and  notwithstanding  any  other  provision  of  law  to  the  contrary, provisions for the authority to negotiate and enter into agreements with property owners and host communities providing for incentives, including a payment in lieu of taxes, the transfer of the authority's interests in such agreements to developers to whom build-ready sites are transferred, and the provision of information and guidance to stakeholders concerning incentives.  The  authority shall maintain a record of such programs and incentives, and shall publish such record on the authority's website;   7. Procure the services of one or more  service  providers,  including without  limitation  environmental consultants, engineers and attorneys, to support the  authority's  responsibilities  under  this  section  and perform such other functions as the authority deems appropriate;   8.  In  consultation  with the department of economic development, the department of labor and other  state  agencies  and  authorities  having experience   with  job  training  programs,  assess  the  need  for  and availability of workforce training in  the  local  area  of  build-ready sites  to  support  green  jobs  development  with  special attention to environmental justice communities and,  subject  to  available  funding, establish  one  or more programs pursuant to which financial support can be made available for the local workforce and under-employed populations in the area;   9. Manage, allocate  and  spend  any  monies  made  available  to  the authority in furtherance of this title as the authority determines to be appropriate  for  the proper administration of programs created pursuant to this title. The authority shall, in  identifying  build-ready  sites, consider  the  ability to recoup funds allocated or spent in furtherance of the programs created pursuant  to  this  title.  Any  proceeds,  less program expenses and administration, so earned by the authority pursuant to  this title shall be reinvested in accordance with a plan approved by the commission;   10. Where the authority determines that it would be beneficial to  the policy  embodied  in  this title, offer financing or other incentives to  eligible developers through a  competitive  process,  including  without limitation  measures  and  activities  undertaken  by  the  authority in conjunction with its administration of the state's clean energy standard or  similar  program  as  established  in  commission  orders, including without limitation orders issued in commission  case  number  15-E-0302; and   11.  Request  and  receive  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.   * NB Repealed December 31, 2030