2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 138 - General Provisions Related to Establishing Standards Related to Siting Major Renewable Energy Facilities.

* § 138. General  provisions related to establishing standards related
to siting major renewable  energy  facilities.  1.  (a)  ORES  shall  be
authorized  to  establish  and  amend,  subject  to  the approval of the
commission, a set of uniform standards and conditions  for  the  siting,
design,  construction  and  operation  of  each  type of major renewable
energy facility subject to this article  relevant  to  issues  that  are
common  for  particular classes and categories of major renewable energy
facilities, in consultation with other offices  within  the  department,
the  New  York  state  energy  research  and  development authority, the
department of environmental conservation, the department of  agriculture
and  markets,  and  other  relevant  state agencies and authorities with
subject matter expertise.
(b) The uniform standards and conditions established pursuant to  this
subdivision  shall  be  designed  to  avoid  or minimize, to the maximum
extent practicable,  any  potential  significant  adverse  environmental
impacts  related  to the siting, design, construction and operation of a
major renewable energy facility. Such uniform standards  and  conditions
shall apply to those environmental impacts ORES determines are common to
each type of major renewable energy facility.
(c)  In  its  review  of  an  application  for  a  permit to develop a
major-renewable  energy  facility,  ORES,  in  consultation   with   the
department   of   environmental   conservation,   shall  identify  those
site-specific adverse environmental impacts, if any, that may be  caused
or contributed to by a specific proposed major renewable energy facility
and  are unable to be addressed by the uniform standards and conditions.
ORES shall draft, in consultation with the department  of  environmental
conservation,   site-specific  permit  terms  and  conditions  for  such
impacts, including provisions for the avoidance or  mitigation  thereof,
taking  into account the CLCPA targets and the environmental benefits of
the proposed major renewable energy facility;  provided,  however,  that
ORES  shall  require  that  the  application  of  uniform  standards and
conditions and site-specific conditions shall achieve a net conservation
benefit to any impacted endangered and threatened species.
2. To the extent that adverse environmental impacts are not completely
addressed by uniform standards and conditions  and  site-specific  major
renewable energy facility siting permit conditions proposed by ORES, and
ORES  determines  that  mitigation  of  such  impacts may be achieved by
off-site mitigation, ORES may require payment of a fee by the  applicant
to achieve such off-site mitigation. If ORES determines, in consultation
with  the  department  of environmental conservation, that mitigation of
impacts  to  endangered  or  threatened  species  that  achieves  a  net
conservation  benefit can be achieved by off-site mitigation, the amount
to be paid for such off-site mitigation shall be set forth in the  final
major  renewable energy facility siting permit. ORES may require payment
of funds sufficient to  implement  such  off-site  mitigation  into  the
endangered  and  threatened  species  mitigation  bank  fund established
pursuant to section ninety-nine-hh of the state finance law.
3. ORES, in consultation with the department, shall  promulgate  rules
and  regulations with respect to all necessary requirements to implement
the siting permit program established in  this  article  and  promulgate
modifications  to  such  rules  and  regulations  as it deems necessary;
provided that ORES shall promulgate regulations requiring the service of
applications  on  affected  municipalities  and  political  subdivisions
simultaneously  with  submission  of  an application. Any such rules and
regulations, or  any  amendments  or  modifications  thereto,  shall  be
subject  to  the  approval  of the public service commission before they
become effective.
4. The uniform standards and conditions established pursuant  to  this
section shall be designed to avoid, minimize, or mitigate to the maximum
extent  practicable,  potential significant adverse impacts to land used
in agricultural  production,  with  additional  consideration  for  land
within  an  agricultural  district  or  land  that contains mineral soil
groups 1-4. The provisions of this subdivision shall not  apply  in  the
consideration  of  any  permits  for  siting,  design,  construction, or
operation of a major renewable energy facility  for  which  a  completed
application  has  been received by the office of renewable energy siting
and electric transmissions prior to  the  adoption  of  amended  uniform
standards and conditions consistent with this subdivision.
5.  The  office  of  renewable energy siting and electric transmission
pursuant to section three-c of this chapter, in  consultation  with  the
department,  shall post, maintain, and regularly update on its website a
statewide map with the location,  approximate  acreage,  and  generation
capacity of each approved and proposed facility pursuant to this article
or  renewable  electric  generating  facility pursuant to article ten of
this chapter for which permitted, complete, or  incomplete  applications
or  notices  of  intent  have been received by such office or the public
service commission.  Such  statewide  map  may  include  any  additional
information  such  office  deems  necessary.  The  information  required
pursuant to this subdivision shall be updated  upon  the  completion  of
each new or updated application for a proposed facility.
* NB Repealed December 31, 2040