N.Y. Public Service Law Section 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 State Finance Law § 99-HH (Criminal justice discovery compensation fund)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 § 3-C (Office of renewable energy siting and electric transmission)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

Source: Section 138 — General provisions related to establishing standards related to siting major renewable energy facilities, https://www.­nysenate.­gov/legislation/laws/PBS/138 (updated Jun. 21, 2024; accessed Jul. 20, 2024).

Accessed:
Jul. 20, 2024

Last modified:
Jun. 21, 2024

§ 138’s source at nysenate​.gov

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