Bill Text: NY A02888 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Authorizes the New York state energy research and development authority to develop a clean energy outreach and community planning program.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2023-06-07 - substituted by s2956a [A02888 Detail]

Download: New_York-2023-A02888-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2888

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 31, 2023
                                       ___________

        Introduced  by  M. of A. BARRETT, LUPARDO, GUNTHER, KELLES, GONZALEZ-RO-
          JAS, COLTON, SIMON -- read once and referred to the Committee on Ener-
          gy

        AN ACT to amend the public authorities law, in relation  to  authorizing
          the New York state energy research and development authority to devel-
          op a clean energy outreach and community planning program; and provid-
          ing for the repeal of such provisions upon the expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 8 of the  public  authorities  law  is  amended  by
     2  adding a new title 9-C to read as follows:
     3                                  TITLE 9-C
     4            CLEAN ENERGY OUTREACH AND COMMUNITY PLANNING PROGRAM
     5  Section 1910. Statement of legislative findings and intent.
     6          1911. Definitions.
     7          1912. Powers and duties.
     8          1913. Funding.
     9          1914. Reporting.
    10    § 1910. Statement of legislative findings and intent. 1. Findings. The
    11  legislature hereby finds, determines, and declares:
    12    (a) New York will need to accelerate the deployment of renewable ener-
    13  gy  projects,  both large-scale and distributed energy systems, in order
    14  to achieve the mandates of the New York  state  climate  leadership  and
    15  community  protection act enacted as chapter one hundred six of the laws
    16  of two thousand nineteen (the "CLCPA").
    17    (b) In addition to the authority's procurement programs  and  improved
    18  state  permitting  processes,  renewable energy projects require collab-
    19  oration between host communities  and  renewable  energy  developers  in
    20  order to be successfully and appropriately sited and constructed.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01444-01-3
        A. 2888                             2

     1    (c) Local land use decisions are important to meeting the goals of the
     2  CLCPA,  but  communities  often do not have capacity or sufficient tools
     3  and information to effectively plan for renewable energy siting.
     4    (d)  Community concerns regarding the potential impacts of large-scale
     5  and distributed energy systems are different, but both can provide ener-
     6  gy cost savings for residents and businesses  in  the  community,  local
     7  infrastructure  improvement,  local  tax  revenue and economic benefits,
     8  local job creation, and cleaner air.
     9    (e) There has been a lack of information about the local benefits  and
    10  impacts  of  renewable energy development and the best ways for communi-
    11  ties to maximize benefits while avoiding and mitigating impacts.
    12    (f) A multi-pronged approach  is  necessary  to  provide  communities,
    13  including  disadvantaged communities as designated under the CLCPA, with
    14  the information, tools and funding necessary to support the  appropriate
    15  siting  and  acceptance  of  renewable  energy  sources, including wind,
    16  solar, storage and transmission and distribution upgrades.
    17    2. Intent. It is the intent of the legislature in enacting this  title
    18  to  empower the authority to establish effective programs and mechanisms
    19  to:
    20    (a) Educate the public and build consensus on the benefits of a  shift
    21  to  renewable  energy,  which  will provide jobs, lower energy costs and
    22  reduce price volatility, and reduce  the  need  for  fossil  fuel  based
    23  power,  bringing clean air and public health benefits and reduced green-
    24  house gas emissions that lead to climate change and its impacts;
    25    (b) Provide information and assistance to communities and local repre-
    26  sentatives to promote the appropriate and successful siting of renewable
    27  energy projects, including wind, solar,  storage  and  transmission  and
    28  distribution system upgrades;
    29    (c)  Equip  local  governments with the tools and funding they need to
    30  effectively consider natural and working lands, the potential for co-lo-
    31  cation and  dual-use  solutions,  effective  utilization  of  previously
    32  disturbed  or  developed sites, and protecting disadvantaged communities
    33  when planning for clean energy projects in their communities; and
    34    (d) Help communities develop and  adopt  local  planning,  zoning  and
    35  other policies that support the sustainable and equitable development of
    36  local  clean  energy  through  processes  that ensure and enhance public
    37  outreach, education and engagement, particularly in  frontline  communi-
    38  ties  that  have  historically  been  disenfranchised  and discriminated
    39  against in the local land use decision-making process.
    40    § 1911. Definitions. As used in this title, the following terms  shall
    41  have the following meanings:
    42    1.  "Authority"  shall  have the same meaning as in subdivision two of
    43  section eighteen hundred fifty-one of this article.
    44    2. "Departments" shall mean the department of environmental  conserva-
    45  tion,  the  department  of  agriculture  and  markets, the department of
    46  economic development, and the department of public service.
    47    3. "Disadvantaged communities" means communities that bear burdens  of
    48  negative  public health effects, environmental pollution, and impacts of
    49  climate change, and possess certain socioeconomic criteria, or  comprise
    50  high-concentrations  of  low- and moderate-income households, as identi-
    51  fied pursuant to section 75-0111 of the environmental conservation law.
    52    4. "Renewable energy facility" shall have the same meaning as  renewa-
    53  ble  energy  systems  as  defined  in  section sixty-six-p of the public
    54  service law.
    55    § 1912. Powers and duties. The  authority  is  hereby  authorized  and
    56  directed  to  undertake such actions it deems necessary or convenient to
        A. 2888                             3

     1  establish a clean energy outreach  and  community  planning  program  to
     2  provide  information,  resources  and  funding to support the siting and
     3  acceptance of renewable energy facilities,  including,  without  limita-
     4  tion:
     5    1.  Developing  a community education and engagement program to inform
     6  New Yorkers about the climate crisis and the benefits of shifting  to  a
     7  clean  energy economy and conducting outreach, providing information and
     8  education, and building consensus on the environmental and  local  bene-
     9  fits  of  renewable  energy  facilities.  Such  strategic  education and
    10  outreach shall include:
    11    (a) Strong communication, engagement and public outreach  to  communi-
    12  ties,  including  disadvantaged  communities,  to  provide education and
    13  information on maximizing the benefits that  renewable  energy  projects
    14  can provide while demonstrating strategies and solutions that are avail-
    15  able to ensure that community impacts are minimized;
    16    (b) Comprehensive education and outreach to local governments that may
    17  host  renewable energy facilities to provide objective information about
    18  the impacts of clean energy development  and  mitigation  opportunities;
    19  and
    20    (c)  Facilitation  of  regional  discussion forums for communities and
    21  renewable energy developers to exchange information and ensure that  all
    22  have access to the same information necessary to support the appropriate
    23  siting and acceptance of renewable energy facilities.
    24    2.  Collaborating  with  community  stakeholders,  the agriculture and
    25  forestry sectors, the renewable energy industry, and utilities to devel-
    26  op new renewable energy planning tools and resources for  local  govern-
    27  ments.   Such resources shall include a clean energy development mapping
    28  tool to  help  municipal  representatives  and  local  communities  make
    29  informed land use decisions and communicate local priorities to develop-
    30  ers.
    31    (a)  The  clean  energy development mapping tool should provide suffi-
    32  cient information and guidance  to  allow  communities  to  undertake  a
    33  comprehensive  evaluation  of the potential for clean energy development
    34  and to plan proactively for deployment that maximizes local benefit  and
    35  minimizes impact on lands with agricultural soils, farming, forests, and
    36  other competing uses.
    37    (b)  The  clean  energy development mapping tool should be designed to
    38  facilitate participation by local governments, renewable energy develop-
    39  ers and others in existing renewable energy siting  and  planning  proc-
    40  esses  and programs administered by the authority and the public service
    41  commission, including NY-Sun, large-scale renewables solicitations,  and
    42  the coordinated grid planning process.
    43    (c)  The  clean  energy development mapping tool should provide mapped
    44  information on agricultural,  environmental,  energy  system  and  other
    45  resources relevant to renewable energy siting including, but not limited
    46  to:  land  use cover data; disadvantaged communities as designated under
    47  the CLCPA; previously disturbed and developed sites such as large  roof-
    48  tops, parking lots, landfills, etc.; agricultural soils and agricultural
    49  districts;  forests  and  important  areas  for  biodiversity; wetlands,
    50  floodplains, and waterbodies;  historic,  cultural,  and  archaeological
    51  resources; public parks, preserves and recreational resources; conserved
    52  and protected lands; hosting capacity; distribution, local transmission,
    53  and  transmission  lines; and slope, aspect and landforms as relevant to
    54  siting renewable energy facilities.
        A. 2888                             4

     1    3. Providing technical assistance and training  to  local  governments
     2  and other stakeholders on the use of such tools and resources, including
     3  the clean energy development mapping tool.
     4    4.  Contracting  with and procuring the services of service providers,
     5  including regional planning associations,  non-profits,  and  community-
     6  based organizations, to conduct outreach and education about clean ener-
     7  gy  benefits, develop new renewable energy planning tools and resources,
     8  including a clean energy development mapping tool, and to provide  tech-
     9  nical  assistance and training to municipalities to support the authori-
    10  ty's responsibilities under this section and perform  such  other  func-
    11  tions as the authority deems appropriate.
    12    5. Managing, allocating, and spending any monies made available to the
    13  authority in furtherance of this title as the authority determines to be
    14  appropriate  for the proper administration of the program created pursu-
    15  ant to this title.
    16    6. Requesting and receiving the assistance of the departments  or  any
    17  other  state  agency  or  authority,  within  their  respective relevant
    18  subject matter expertise, to support the administration of  the  program
    19  created pursuant to this title.
    20    § 1913. Funding. The authority may seek funding from any authorized or
    21  other  available  source  to  administer the program created pursuant to
    22  this title.
    23    § 1914. Reporting. 1. Effective April first, two thousand twenty-four,
    24  the authority shall issue an annual report regarding  the  effectiveness
    25  of  the  program  and  providing recommendations for improvements to the
    26  program. Such report shall include:
    27    (a) the number and  identity  of  communities  and  local  governments
    28  reached  through  the  comprehensive  education, engagement and outreach
    29  effort;
    30    (b) the number of regional discussion forums held for communities  and
    31  developers, and identification of attendees and description of outcomes;
    32    (c)  the  number,  description and status of renewable energy planning
    33  tools and resources developed, including the  clean  energy  development
    34  mapping tool;
    35    (d)  the  number and identity of local governments receiving technical
    36  assistance and training on the  clean  energy  mapping  tool  and  other
    37  resources;
    38    (e) the number of service providers and contracts awarded;
    39    (f)  the  amount  of  funds  invested in the clean energy outreach and
    40  community planning program; and
    41    (g) any additional information relevant to  assessing  program  effec-
    42  tiveness.
    43    2.  The authority shall submit such report to the governor, the tempo-
    44  rary president of the senate, and the speaker of the assembly. A copy of
    45  the report shall also be posted on the authority's website.
    46    § 2. This act shall take effect immediately and shall expire  December
    47  31, 2031 when upon such date this act shall be deemed repealed; provided
    48  that  such  repeal shall not affect or impair any act done, any applica-
    49  tion  filed,  any  right,  permit  or  authorization  awarded,  accrued,
    50  received  or acquired, or any liability incurred, prior to the time such
    51  repeal takes effect, and provided further that any project for which the
    52  New York state energy research and development authority  has  expended,
    53  or  committed  to a third-party to expend, funds towards the development
    54  of a build-ready site prior to such repeal shall be permitted to contin-
    55  ue in accordance with title 9-C of article 8 of the  public  authorities
    56  law notwithstanding such repeal.