BILL NUMBER: S8712
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the public service law, in relation to the siting,
design, construction and operation of major renewable energy facilities
and to applications therefor; and providing for the repeal of certain
provisions upon expiration thereof
 
PURPOSE:
The purpose of this legislation is to establish uniform standards and
conditions relating to the construction and operation of major renewable
energy facilities on farmland and the review of applications for permits
to develop such facilities; and require the office of renewable energy
to establish or amend rules and regulations pertaining to renewable
energy siting facilities.
 
SUMMARY OF PROVISIONS:
Section one amends section 137 of the public service law to define
"agrivoltaics" and "Agricultural Products and Activities."
Section two adds a new paragraph to section 138 of the public service
law that requires ORES to give priority to applications that use previ-
ously developed sites and existing or abandoned commercial sites.
Section three amends subdivision 4 of section 138 of the public service
law to require ORES to consider impacts on mineral soil groups 1-7 and
consult with the department of agriculture and markets to ensure that a
critical mass of farmland and/or the state's food security are not
threatened by an applicant's renewable energy project.
Section four creates a new section 149 of the public service law outlin-
ing new rules and regulations related to farmland protection and food
security that the office of renewable energy siting shall establish.
 
JUSTIFICATION:
In 2019, New York State passed the Climate Leadership and Community
Protection Act, setting the stage for our state to be the nation's lead-
er in renewable energy independence, including an emphasis on solar
energy capture. While this transition is fundamental to the future of
our planet, we must move forward in a way that does not negatively
impact other important and fragile natural resources, like the agricul-
tural lands that are pivotal to our fight against the climate crisis and
the future of our nation's food security. The COVID-19 pandemic unveiled
the fragility of our food system, showing us what happens when we depend
almost entirely on international markets and a broken supply chain. That
experience made clear just how important it is to have a robust, local
and secure food system here in our state.
It's also important to note that we can no longer aim to be just carbon
neutral, we must be carbon negative, and agriculture holds the largest
and most efficient opportunity through carbon sequestration and the
healthy soil practices that New York farmers adhere to every day. In our
fight to save the planet, we cannot afford to lose agricultural land.
And yet, at current levels, large-scale solar developments are overtak-
ing farmland because they are often the cheapest and easiest places to
site these projects. Across the state, we're seeing dozens of projects
sited within a single municipality, destroying local commerce, food
security, and environmental preservation. Regional impacts and collec-
tive farmland loss must be considered as part of the smart development
criteria we use for siting solar developments. We cannot and must not
exchange a climate crisis for a food crisis.
In order to both hit our goals in the CLCPA and keep a safe, local food
supply providing New Yorkers with fresh, healthy and nutritious meals,
we must be more thoughtful of our resources and examine where and how we
choose to develop new solar projects across the state. This legislation
will create a program that maintains New York's robust solar industry
while protecting farmland and the surrounding communities. It creates
criteria for the Office of Renewable Energy Siting to consider upon
receipt of a permit application and requires agricultural and regional
impacts to be reviewed. Nothing is more important than transitioning to
a renewable energy future, but it must be done through sustainable and
thoughtful practice with regard to the communities and the food systems
that we need to protect.
 
LEGISLATIVE HISTORY:
2022: S.7677 / A.9109 REFERRED TO ENERGY AND TELECOMMUNICATIONS /
referred to energy
2023-24: S.1793-C / A,3117-C PASSED SENATE (2023) / referred to energy
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to article 8 of the public service law made by sections one,
two, three, four, and five of this act shall not affect the repeal of
such article and shall be deemed repealed therewith.

Statutes affected:
S8712: 137 public service law, 138 public service law, 138(1) public service law, 138(4) public service law