BILL NUMBER: S3671
SPONSOR: BORRELLO
 
TITLE OF BILL:
An act to amend the public service law, the general obligations law and
the general business law, in relation to regulating the placement of
renewable energy sources on public and private land; and providing for
the repeal of certain provisions upon expiration thereof
 
PURPOSE:
The bill authorizes local municipalities and political subdivisions to
have final say on whether a renewable energy power plant can be sited in
such municipalities or political subdivision's jurisdiction.
 
SUMMARY OF PROVISIONS:
Section 1. Any municipality, political subdivision or agency that has
received notice of the filing of an application, pursuant to regulations
promulgated in accordance with this article, the municipality or poli-
tical subdivision or agency shall within the time frame established by
this subdivision submit a statement to ORES indicating whether the
proposed project is constructed or operated in compliance with local
laws and regulations. If the proposed project is not compliant with
local laws and regulations the application shall be denied. ORES will no
longer hold a nonadjudicatory hearing about the application in or near
one or more of the affected municipalities or political subdivisions.
ORES and the department will no longer designate members of its staff to
represent the public interest.
Section 2. An application will not be considered complete if it provides
compensation or a host agreement to a local elected official of a muni-
cipality or political subdivision, government employee, or their immedi-
ate family members. If a municipality or political subdivision is decid-
ing on the siting of a proposed project, any individual who stands to
receive compensation or a host agreement due to the project's approval
shall be required to recuse themselves from the vote. Furthermore, such
individual or individuals are not allowed to participate in any
discussions or deliberations regarding the project's approval.
Section 3. The Office of Renewable Energy Siting and Electric Trans-
missions shall create and maintain a publicly accessible database of all
host agreements and land contracts related to major renewable energy
facilities in New York State. This database must be available in an
electronic format on the Office's website, and all host agreements and
land contracts must be unredacted.
Section 4. No state agency, department, authority, municipality, poli-
tical subdivision, or any of their agencies may require the decommis-
sioning of a major electric transmission facility for which a siting
permit application has been filed, except as expressly authorized under
this article or its rules and regulations.
In the case of a major renewable energy facilities agreements with a
municipality or political subdivision, the municipality or subdivision
may require various approvals, consents, permits, certificates,
contracts, agreements, or other conditions for the development, design,
construction, operation, or decommissioning of the facility before
approving an application. They must hire independent attorneys to review
these agreements, and the renewable energy facility (providing wind or
solar power) is prohibited from supplying attorneys to the municipality
or political subdivision.
Section 5. Any agreement or promise, whether written or verbal, explicit
or implied, in any contract or employment agreement between any person,
company, or organization and any municipality, political subdivision, or
private landowner for selling land to build a major renewable energy
facility must not include a clause that requires the seller to give up
mineral rights.
Section 6. Renewable Energy Solicitors. Definitions: "Renewable Energy
Resources" shall include sources which are capable of being continuously
restored by natural or other means or are so large as to be useable for
centuries without significant depletion and include but are not limited
to solar, wind, plant and forest products, wastes, tidal, hydro, geoth-
ermal, deuterium, and hydrogen. "Renewable Energy Resources Agency" a
person, firm or corporation engaged in business, the principal purpose
of which is to solicit public agencies, municipalities, or private indi-
viduals to purchase a renewable energy resource power plant. "Communi-
cation" the conveying of information regarding renewable energy
resources directly or indirectly to any person through any medium.
"Renewable Energy Resources Solicitor" an individual who, as part of
such individual's job, to solicit agencies, municipalities, or private
individuals to purchase a renewable energy resource power plant.
Prohibited practices. No renewable energy resources agency or its agents
shall, Impersonate a law enforcement officer or a representative of any
governmental agency of the state of New York or its political subdivi-
sions in any manner; Communicate with agencies, municipalities, or
private individuals, including their family or household members, with
such frequency, at such unusual hours, or in such a manner that could
reasonably be expected to abuse or harass the agency, municipality, or
private individual; Use any communication that simulates legal or judi-
cial processes or gives the appearance of being authorized, issued, or
approved by a government, governmental agency, or attorney at law when
it is not. Violations and penalties. Any person who violates the
prohibited practices is guilty of a misdemeanor, and each such violation
shall be deemed a separate offense. The attorney general or the district
attorney of any county may bring an action in the name of the people of
the state to restrain or prevent any violation of this article or any
continuance of any such violation.
Section 7. This act shall take effect immediately; provided, however,
the amendments to article eight of the public service law made by
sections one, two, three, and four of this act shall not affect the
repeal of such article and shall be deemed repealed therewith; and
provided further, that sections five and six of this act shall expire
and be deemed repealed on the same date and in the same manner as
section 11 of part 0 of chapter 58 of the laws of 2024.
 
JUSTIFICATION:
This legislation is designed to ensure that renewable energy projects
are developed with responsibility, transparency, and adherence to local
and state regulations, thereby fostering public trust and promoting
sustainable development. Under this bill, project applications that do
not comply with local laws will be denied, empowering municipalities to
enforce their regulations and retain control over developments within
their jurisdictions. Additionally, it prohibits compensation or host
agreements with local officials and their immediate family members,
while requiring recusal from votes related to any compensation received.
This measure is crucial for maintaining impartiality in decision-making,
thus strengthening public trust and integrity in the approval process.
Furthermore, all host agreements and land contracts must be publicly
accessible, enhancing transparency and enabling public oversight. This
openness can deter unethical practices and promote fairness, ensuring
that taxpayers have full access to all relevant documents related to
projects funded by their contributions. Since virtually all these
projects involve taxpayer subsidies, all contracts and agreements should
be public.
The bill also clarifies that state, and local agencies cannot mandate
the 'decommissioning of major electric transmission facilities unless
specifically authorized by law. This provision provides legal clarity
and stability, preventing arbitrary decommissioning that could disrupt
energy infrastructure. For major renewable energy facilities, munici-
palities can impose various requirements for development and operation,
including hiring independent attorneys for agreement reviews. This
requirement ensures unbiased legal counsel and addresses local concerns,
promoting better integration with community standards.
Moreover, the bill prohibits clauses that force landowners to relinquish
mineral rights when signing host agreements. By doing so, it protects
landowners' control over their resources and prevents exploitation by
renewable energy developers, ensuring that they retain the rights to any
minerals beneath their property. Finally, the legislation establishes
clear boundaries for renewable energy solicitors to prevent impersona-
tion of law enforcement or government officials and to curb abusive
communication practices. Violations of these boundaries will be classi-
fied as misdemeanors, with penalties aimed at deterring such behavior.
Overall, this bill is vital for ensuring responsible development of
renewable energy projects, protecting local governance, and fostering an
environment of trust and accountability within communities.
 
LEGISLATIVE HISTORY:
2024: S9931 Referred to Rules
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to article eight of the public service law made by sections one,
two, three, and four of this act shall not affect the repeal of such
article and shall be deemed repealed therewith; and provided further,
that sections five and six of this act shall expire and be deemed
repealed on the same date and in the same manner as section 11 of part 0
of chapter 58 of the laws of 2024.

Statutes affected:
S3671: 142 public service law, 142(3) public service law, 144 public service law