2023 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  dormant  electric  generating  sites,  and  preference to previously
developed sites, provided that land used in agricultural  production  as
defined  by  the  department of agriculture and markets, with additional
consideration for land within an  agricultural  district  or  land  that
contains  mineral  soil groups 1-4, shall not be deemed suitable for the
development of a build-ready site except when  necessary  for  generator
lead lines and other equipment needed for interconnection of projects to
the electric system. 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) (i) 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; and
(ii) the authority may establish a renewable energy generation project
in  furtherance  of  an agrivolatic project, where "agrivoltaic project"
shall mean the simultaneous use of areas of land for  both  solar  power
generation  and  agriculture,  specific to the practice of such dual-use
solar energy project, where any of the previously developed sites listed
in subparagraph (i) of this paragraph is reclaimed as farmland.
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,  provided
however, that the authority shall not deem any site for qualified energy
storage systems suitable without  first  consulting  any  municipalities
with  jurisdiction  over  the  potential  build-ready site and obtaining
their approval; 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, 2030
* 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, 2030
6.  Establish  one  or more programs pursuant to which property owners
and communities would receive incentives to host major renewable  energy
facilities or qualified energy storage systems 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