What's happening
This bill allows New York State to enter agreements for renewable energy projects, like solar and wind, on reforestation lands.
Why it matters
Enables renewable energy projects on state-owned reforestation lands without overriding conservation purposes. , provided these projects (like solar and wind) do not interfere with the original intent of reforestation or violate the state constitution.
Introduces transparency and public oversight. by requiring all agreements (leases or easements) for such projects to be recorded with the Office of General Services and published online for public viewing.
May accelerate the development of renewable energy infrastructure. by removing existing legal barriers and clarifying the Department of Environmental Conservation’s authority to facilitate electricity transmission and distribution from these sites, potentially speeding up New York’s clean energy transition.
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Who cares
Headline styles
Allow Clean Energy on Forests
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to rules
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6775
2019-2020 Regular Sessions
IN SENATE
October 11, 2019
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to agreements related to renewable energy development rights on reforestation areas
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 9-0508 to read as follows: § 9-0508. Agreements related to renewable energy development rights on
reforestation areas.
Notwithstanding any provisions of article seven of the public lands law to the contrary, the department may, in any lands acquired by the state in accordance with section 9-0501 of this title, enter into agreements, such as leases or easements, for the purpose of aiding in the siting and connectivity of renewable energy installations and the transmission and distribution of electricity therefrom. Such installations shall include, but not be limited to, solar power and wind power, under such terms as may be prescribed by the department, and upon such conditions that the exercise of such agreement rights shall not interfere with the operation of such reforestation areas for the purposes for which they were acquired and as defined in section three of article fourteen of the New York state constitution. Any agreement made and entered into pursuant to this section shall be recorded in the office of general services and be made available to the public on the official website of such office.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13885-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to agreements related to renewable energy development rights on reforestation 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 into leases on refores- tation 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 geologist, may, in any lands acquired by the state in accord- ance 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 thereon, under such terms as may be prescribed by the depart- ment..."
No such similar authority is granted for non-fossil fuel development. The recently enacted Climate Leadership and Community Protection Act (S6599/A8429, 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
New bill
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.