Bill Text: NY S06591 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the major renewable energy development program; establishes the significant farmland identification program; establishes the farmland and agricultural preservation fund; provides for the repeal of such provisions upon the expiration thereof.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO FINANCE [S06591 Detail]
Download: New_York-2021-S06591-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6591 2021-2022 Regular Sessions IN SENATE May 7, 2021 ___________ Introduced by Sens. JORDAN, OBERACKER -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to the major renewable energy development program; to amend the agriculture and markets law, in relation to establishing the significant farmland identification program; to amend the state finance law, in relation to establishing the farmland and agricultural preservation fund; and to provide 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. This act shall be known and may be cited as the "signif- 2 icant farmland preservation act". 3 § 2. Legislative intent. It is the intent of this legislature to 4 support and maintain significant farmland for future generations. The 5 legislature recognizes that soil health and viability is a critical part 6 not only of the environment and ecosystem, but also plays a critical 7 role in the health of the economy. Significant farmland is the lasting 8 legacy of major parts of New York state and has provided for the wellbe- 9 ing and survival of generations of farmers. Those farmers, in turn, have 10 provided for the state in numerous ways, not only economically, but with 11 respect to providing food and sustenance for people in all parts of the 12 state as well as in other parts of our nation. It is incumbent on this 13 legislature to preserve, to all extent possible, nationally significant 14 farmland for use by future generations while simultaneously providing 15 for protection against climate change, which poses a risk to significant 16 farmland. The legislature hereby determines that the public interest 17 require that renewable energy be encouraged to the greatest extent 18 possible while simultaneously recognizing that significant farmland must 19 be protected and preserved. 20 § 3. Subdivision 2 of section 94-c of the executive law is amended by 21 adding a new paragraph (k) to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10468-02-1S. 6591 2 1 (k) "Significant farmland" shall mean farmland identified by the 2 commissioner of the department of agriculture and markets through the 3 significant farmland identification program established by subdivision 4 2-g of section sixteen of the agriculture and markets law. 5 § 4. Subdivision 3 of section 94-c of the executive law, as added by 6 section 4 of part JJJ of chapter 58 of the laws of 2020, paragraph (i) 7 as amended by section 2 of part BBB of chapter 55 of the laws of 2021, 8 is amended to read as follows: 9 3. Office of renewable energy siting; responsibilities. (a) There is 10 hereby established within the department an office of renewable energy 11 siting which is charged with accepting applications and evaluating, 12 issuing, amending, approving the assignment and/or transfer of siting 13 permits. The office shall exercise its authority by and through the 14 executive director. 15 (b) The office shall within [one year] three months of the effective 16 date of a chapter of the laws of two thousand twenty-one that amended 17 this section establish a set of uniform standards and conditions for the 18 siting, design, construction and operation of each type of major renewa- 19 ble energy facility relevant to issues that are common for particular 20 classes and categories of major renewable energy facilities, in consul- 21 tation with the New York state energy research and development authori- 22 ty, the department of environmental conservation, the department of 23 public service, the department of agriculture and markets, and other 24 relevant state agencies and authorities with subject matter expertise. 25 Prior to adoption of uniform standards and conditions, the office shall 26 hold four public hearings in different regions of the state to solicit 27 comment from municipal, or political subdivisions, and the public on 28 proposed uniform standards and conditions to avoid, minimize or mitigate 29 potential adverse significant farmland or environmental impacts from the 30 siting, design, construction and operation of a major renewable energy 31 facility. 32 (c) The uniform standards and conditions established pursuant to this 33 section shall be designed to avoid or minimize, to the maximum extent 34 practicable, any potential [significant] adverse significant farmland or 35 environmental impacts related to the siting, design, construction and 36 operation of a major renewable energy facility. Such uniform standards 37 and conditions shall apply to those environmental impacts the office 38 determines are common to each type of major renewable energy facility. 39 (d) In its review of an application for a permit to develop a major 40 renewable energy facility, the office, in consultation with the depart- 41 ment of environmental conservation, shall identify those site-specific 42 significant farmland or environmental impacts, if any, that may be 43 caused or contributed to by a specific proposed major renewable energy 44 facility and are unable to be addressed by the uniform standards and 45 conditions. The office shall draft in consultation with the department 46 of environmental conservation site specific permit terms and conditions 47 for such impacts, including provisions for the avoidance or mitigation 48 thereof, taking into account the CLCPA targets and the environmental 49 benefits of the proposed major renewable energy facility, provided, 50 however, that the office shall require that the application of uniform 51 standards and conditions and site-specific conditions shall achieve a 52 net conservation benefit to any impacted endangered and threatened 53 species. 54 (e) To the extent that environmental impacts are not completely 55 addressed by uniform standards and conditions and site-specific permit 56 conditions proposed by the office, and the office determines that miti-S. 6591 3 1 gation of such impacts may be achieved by off-site mitigation, the 2 office may require payment of a fee by the applicant to achieve such 3 off-site mitigation. If the office determines, in consultation with the 4 department of environmental conservation, that mitigation of impacts to 5 endangered or threatened species that achieves a net conservation bene- 6 fit can be achieved by off-site mitigation, the amount to be paid for 7 such off-site mitigation shall be set forth in the final siting permit. 8 The office may require payment of funds sufficient to implement such 9 off-site mitigation into the endangered and threatened species miti- 10 gation fund established pursuant to section ninety-nine-hh of the state 11 finance law. 12 (f) To the extent that significant farmland impacts are not completely 13 addressed by uniform standards and conditions and site-specific permit 14 conditions proposed by the office, and the office determines that miti- 15 gation of such impact is not substantially possible, the office shall 16 require payment of a fee, to be established by the commissioner of agri- 17 culture and markets, by the applicant to the farmland and agricultural 18 preservation fund established by section eighty-nine-j of the state 19 finance law. 20 (g) The office, by and through the executive director, shall be 21 authorized to conduct hearings and dispute resolution proceedings, issue 22 permits, and adopt such rules, regulations and procedures as may be 23 necessary, convenient, or desirable to effectuate the purposes of this 24 section. 25 [(g)] (h) The office shall within one year of the effective date of 26 this section promulgate rules and regulations with respect to all neces- 27 sary requirements to implement the siting permit program established in 28 this section and promulgate modifications to such rules and regulations 29 as it deems necessary; provided that the office shall promulgate regu- 30 lations requiring the service of applications on affected municipalities 31 and political subdivisions simultaneously with submission of the appli- 32 cation to the office. 33 [(h)] (i) At the request of the office, all other state agencies and 34 authorities are hereby authorized to provide support and render services 35 to the office within their respective functions. 36 [(i)] (j) Notwithstanding any other provision of law, rule, or regu- 37 lation to the contrary and consistent with appropriations therefor, 38 employees of any state agency who are necessary to the functions of the 39 office and who may be substantially engaged in the performance of its 40 functions shall be transferred to the office in accordance with the 41 provisions of section seventy of the civil service law. Employees trans- 42 ferred pursuant to this section shall be transferred without further 43 examination or qualification and shall retain their respective civil 44 service classifications. Nothing set forth in this subdivision shall be 45 construed to impede, infringe, or diminish the rights and benefits that 46 accrue to employees through collective bargaining agreements, impact or 47 change an employee's membership in a bargaining unit, or otherwise 48 diminish the integrity of the collective bargaining relationship. 49 § 5. Subparagraph (ii) of paragraph c of subdivision 5 of section 94-c 50 of the executive law, as added by section 4 of part JJJ of chapter 58 of 51 the laws of 2020, is amended to read as follows: 52 (ii) For any municipality, political subdivision or an agency thereof 53 that has received notice of the filing of an application, pursuant to 54 regulations promulgated in accordance with this section, the munici- 55 pality or political subdivision or agency thereof shall within the time- 56 frames established by this subdivision submit a statement to the officeS. 6591 4 1 indicating whether the proposed facility is designed to be sited, 2 constructed and operated in compliance with applicable local laws and 3 regulations, if any, concerning the environment, farmland, or public 4 health and safety. In the event that a municipality, political subdivi- 5 sion or an agency thereof submits a statement to the office that the 6 proposed facility is not designed to be sited, constructed or operated 7 in compliance with local laws and regulations and the office determines 8 not to hold an adjudicatory hearing on the application, the department 9 shall hold non-adjudicatory public hearing in the affected municipality 10 or political subdivision. 11 § 6. Section 16 of the agriculture and markets law is amended by 12 adding a new subdivision 2-g to read as follows: 13 2-g. Oversee and administer a program entitled "significant farmland 14 identification program" to identify significant farmland for the 15 purposes of the major renewable energy development program established 16 by section ninety-four-c of the executive law and establish fees pursu- 17 ant to paragraph (f) of subdivision three of section ninety-four-c of 18 the executive law. The program shall identify significant farmland 19 throughout the state. The commissioner, in consultation with American 20 Farmland Trust shall promulgate a standard for significant farmland in 21 the state and shall promulgate rules and regulations for the program. 22 § 7. The state finance law is amended by adding a new section 89-j to 23 read as follows: 24 § 89-j. Farmland and agricultural preservation fund. 1. There is here- 25 by established in the joint custody of the state comptroller and the 26 commissioner of taxation and finance a special fund to be known as the 27 "farmland and agricultural preservation fund". 28 2. Such fund shall consist of all revenues received from significant 29 farmland mitigation funds pursuant to paragraph (f) of subdivision three 30 of section ninety-four-c of the executive law and all revenues received 31 from contributions, donations and all other moneys credited or trans- 32 ferred thereto from any other fund or source pursuant to law. 33 3. The moneys in such fund shall be expended for the purpose of making 34 grants to eligible applicant organizations that take part in preserva- 35 tion and furtherance of farmland. 36 4. Moneys of the account shall be paid out of the account on the audit 37 and warrant of the state comptroller on vouchers certified or approved 38 by the commissioner of agriculture and markets. 39 5. The commissioner of agriculture and markets shall promulgate rules 40 and regulations establishing the criteria governing the eligibility of 41 organizations to receive an award of grants as authorized by this 42 section. 43 § 8. This act shall take effect on the one hundred eightieth day after 44 it shall have become a law; provided, however, that: 45 (a) the amendments to section 94-c of the executive law made by 46 sections three, four and five of this act shall be subject to the expi- 47 ration and repeal of such section and shall expire and be deemed 48 repealed therewith; 49 (b) this act shall expire and be deemed repealed on the same date and 50 in the same manner as section 4 of part JJJ of chapter 58 of the laws of 51 2020 expires and is repealed; and 52 (c) any moneys remaining in the farmland and agricultural preservation 53 fund established by section seven of this act on the date such section 54 is repealed shall be deposited to the credit of the state general fund.
