BILL NUMBER: S4408
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
agreements related to renewable energy development rights on reforesta-
tion areas
 
PURPOSE:
The purpose of this bill is to allow the state to provide leases or
easements for siting or connecting renewable energy installations on
portions of the state's forested lands.
 
SUMMARY OF PROVISIONS:
The bill adds a new section 9-0508 to the environmental conservation law
to allow the department to enter into agreements for the purpose of
aiding in the siting and connectivity of renewable energy installations,
as well as the transmission and distribution of electricity from those
installations on state forest lands classified as reforestation lands.
Any agreements entered into for this purpose would be recorded in the
office of general services and made available to the public on their
official website.
 
JUSTIFICATION:
Existing law grants the state the right to enter leases on reforestation
lands for oil and gas rights (ECL § 9-0507). This section provides that,
"Notwithstanding any provisions of Article VII of the Public Lands Law
to the contrary, the department, with the approval of the state geolo-
gist, may, in any lands acquired by the state in accordance with section
9-0501, enter into leases for the purpose of aiding in discovering and
removing any oil or gas upon such lands or storage of gas or oil there-
on, under such terms as may be prescribed by the department..."
No such similar authority is granted for non-fossil fuel development.
The recently enacted Climate Leadership and Community Protection Act
(86599/A8428, Ch.106 Laws of 2019) sets aggressive targets and timeta-
bles for shifting the state's energy sources from fossil fuels to clean
energy sources like solar and wind. Therefore, allowing the state to
enter into agreements for such renewable energy production on certain
lands will be an important tool for reaching those targets. There are
currently 600,000 acres of reforestation lands in the state, according
to the department's website.
 
FISCAL IMPACT:
Revenue could be generated for the State under the terms of any agree-
ments made pursuant to this act.
 
LEGISLATIVE HISTORY:
2023-2024 - S.1918 (May)
2021-2022 - S.659 (May) / A.3874 (Cusick)
2019-2020 - S.6775 (May)
 
EFFECTIVE DATE:
Immediately