STATE OF NEW YORK ________________________________________________________________________ 8489 IN ASSEMBLY January 4, 2024 ___________ Introduced by M. of A. BARRETT -- read once and referred to the Commit- tee on Energy AN ACT to amend the public authorities law, in relation to the renewable energy outreach and community planning assistance program; and to repeal certain provisions of the public authorities law and the execu- tive law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The title heading of title 9-C of article 8 of the public 2 authorities law, as added by a chapter of the laws of 2023 amending the 3 public authorities law and the executive law relating to authorizing the 4 New York state energy research and development authority to develop a 5 clean energy outreach and community planning program, as proposed in 6 legislative bills numbers S. 2956-A and A. 2888-A, is amended to read as 7 follows: 8 [CLEAN] RENEWABLE ENERGY OUTREACH AND COMMUNITY PLANNING 9 ASSISTANCE PROGRAM 10 § 2. Paragraph (e) of subdivision 1 and subdivision 2 of section 1910 11 of the public authorities law, as added by a chapter of the laws of 2023 12 amending the public authorities law and the executive law relating to 13 authorizing the New York state energy research and development authority 14 to develop a clean energy outreach and community planning program, as 15 proposed in legislative bills numbers S. 2956-A and A. 2888-A, are 16 amended to read as follows: 17 (e) There has been a lack of information about the local benefits and 18 impacts of renewable energy technology development and the best ways for 19 communities to maximize benefits while avoiding and mitigating impacts. 20 2. Intent. It is the intent of the legislature in enacting this title 21 to empower the authority to establish effective programs and mechanisms 22 to: 23 (a) Educate the public and build consensus on the benefits of a shift 24 to renewable energy technologies, which will provide jobs, lower energy 25 costs and reduce price volatility, and reduce the need for fossil fuel EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01444-06-4
A. 8489 2 1 based power, bringing clean air and public health benefits and reduced 2 greenhouse gas emissions that lead to climate change and its impacts; 3 (b) Provide information and assistance to communities and local repre- 4 sentatives to promote the appropriate and successful siting of renewable 5 energy projects, including wind, solar, storage and transmission and 6 distribution system upgrades; 7 (c) Equip local governments with the tools they need to effectively 8 consider natural and working lands, the potential for co-location and 9 dual-use solutions, effective utilization of previously disturbed or 10 developed sites, and protecting disadvantaged communities when planning 11 for [clean] renewable energy projects in their communities; and 12 (d) Help communities develop and adopt local planning, zoning and 13 other policies that support the sustainable and equitable development of 14 local [clean] renewable energy technology through processes that ensure 15 and enhance public outreach, education and engagement, particularly in 16 frontline communities that have historically been disenfranchised and 17 discriminated against in the local land use decision-making process. 18 § 3. Subdivision 4 of section 1911 of the public authorities law, as 19 added by a chapter of the laws of 2023 amending the public authorities 20 law and the executive law relating to authorizing the New York state 21 energy research and development authority to develop a clean energy 22 outreach and community planning program, as proposed in legislative 23 bills numbers S. 2956-A and A. 2888-A, is amended and a new subdivision 24 5 is added to read as follows: 25 4. ["Renewable energy facility" shall have the same meaning as renewa- 26 ble energy systems as defined in section sixty-six-p of the public 27 service law.] "Renewable energy" shall have the same meaning as defined 28 in section sixty-six-p of the public service law. 29 5. "Renewable energy technology" shall mean all methods used to gener- 30 ate, distribute, store, and support the use of renewable energy systems. 31 § 4. Section 1912 of the public authorities law, as added by a chapter 32 of the laws of 2023 amending the public authorities law and the execu- 33 tive law relating to authorizing the New York state energy research and 34 development authority to develop a clean energy outreach and community 35 planning program, as proposed in legislative bills numbers S. 2956-A and 36 A. 2888-A, is amended to read as follows: 37 § 1912. Powers and duties. The authority is hereby authorized and 38 directed to undertake such actions it deems necessary or convenient to 39 establish [a clean], augment, or expand existing renewable energy 40 outreach and community planning [program] programs to provide informa- 41 tion, resources and technical assistance to support the siting, develop- 42 ment, and acceptance of renewable energy [facilities] technologies, 43 including: 44 1. Developing and enhancing a community education and engagement 45 program to inform New Yorkers about the climate crisis and the benefits 46 of shifting to a clean energy economy and conducting outreach, providing 47 information and education, and building consensus on the environmental 48 and local benefits of renewable energy [facilities] technologies. Such 49 strategic education and outreach shall include: 50 (a) Effective communication, engagement and public outreach to commu- 51 nities, including disadvantaged communities, to provide education and 52 information on maximizing the benefits that renewable energy [projects] 53 technologies can provide while demonstrating strategies and solutions 54 that are available to ensure that community benefits are meaningful and 55 negative impacts are [minimized] avoided, reduced, or mitigated;
A. 8489 3 1 (b) Comprehensive education and outreach to local governments that may 2 host renewable energy [facilities] technologies to provide objective 3 information about the impacts of [clean] renewable energy development 4 and mitigation opportunities; and 5 (c) Facilitation of [regional discussion] forums for communities 6 [and], regions, renewable energy developers, and other stakeholders to 7 exchange information and ensure that all have access to the [same] 8 factual information necessary to support the appropriate siting of 9 facilities and acceptance of renewable energy [facilities] technologies. 10 2. Collaborating with community stakeholders, the agriculture and 11 forestry sectors, and the renewable energy industry to develop [new], 12 facilitate, and provide centralized access to renewable energy planning 13 [tools and] resources and assistance for local governments. Such 14 resources shall include [a] publicly available [clean] data resources, 15 including a mapping tool, related to renewable energy development 16 [mapping tool] to help municipal representatives and local communities 17 make informed land use decisions and communicate local priorities to 18 developers. 19 (a) The [clean] renewable energy development [mapping tool] data 20 resources, including a mapping tool, shall be available on the authori- 21 ty's website and shall provide sufficient information and guidance to 22 allow communities to undertake a comprehensive evaluation of the poten- 23 tial for [clean] renewable energy development and to plan proactively 24 for deployment that maximizes local benefit and [minimizes] avoids, 25 reduces, or mitigates negative impact on lands with agricultural soils, 26 farming, forests, and other competing uses. 27 (b) The [clean] renewable energy development [mapping tool] data 28 resources may use publicly available [data] information and shall be 29 designed to facilitate participation by local governments, renewable 30 energy developers and [others] other stakeholders in existing renewable 31 energy siting and planning processes. 32 (c) The [clean] renewable energy development [mapping tool] data 33 resources shall provide [mapped], to the extent available information on 34 agricultural, environmental, energy system and other resources relevant 35 to renewable energy technology siting, [including, but not limited to] 36 such as: land use cover data; disadvantaged communities; brownfields; 37 previously disturbed and developed sites such as large rooftops, parking 38 lots, landfills, etc.; agricultural soils and agricultural districts; 39 forests; wetlands, floodplains, and waterbodies; historic, cultural, and 40 archaeological resources; public parks, preserves and recreational 41 resources; conserved and protected lands; hosting capacity; distrib- 42 ution, and transmission lines; and topography as relevant to siting 43 renewable energy [facilities] technology. 44 3. Providing technical assistance and training to local governments 45 and other stakeholders on the use of such [tools] information and 46 resources, including the [clean] renewable energy development [mapping 47 tool] data resources. 48 4. [Procuring] Consulting, collaborating with, and/or procuring the 49 services of service providers, including, but not limited to: regional 50 planning associations, non-profits, and community-based organizations, 51 to conduct outreach and education about [clean] renewable energy bene- 52 fits, develop new renewable energy planning tools and resources, includ- 53 ing [a clean] renewable energy development [mapping tool] data 54 resources, and to provide technical assistance and training to munici- 55 palities to support the authority's responsibilities under this section.
A. 8489 4 1 5. Managing, allocating, and spending any monies made available to the 2 authority in furtherance of this title as the authority determines to be 3 appropriate for the proper administration of the program created pursu- 4 ant to this title. 5 6. Requesting and receiving the assistance of the departments or any 6 other state agency or authority, within their respective relevant 7 subject matter expertise, to support the administration of the program 8 created pursuant to this title. 9 § 5. Section 1913 of the public authorities law, as added by a chapter 10 of the laws of 2023 amending the public authorities law and the execu- 11 tive law relating to authorizing the New York state energy research and 12 development authority to develop a clean energy outreach and community 13 planning program, as proposed in legislative bills numbers S. 2956-A and 14 A. 2888-A, is REPEALED and a new section 1913 is added to read as 15 follows: 16 § 1913. Reporting. 1. Effective April first, two thousand twenty-five, 17 the authority shall issue an annual report regarding the renewable ener- 18 gy technology outreach and community planning assistance program, and 19 provide recommendations for improvements to the program. Such report 20 shall include: 21 (a) the number and identity of local governments directly reached 22 through the education, engagement and outreach efforts; 23 (b) the number of forums held for communities, developers, and other 24 stakeholders and description of the findings; 25 (c) the number, description and status of renewable energy technology 26 planning tools and resources developed, including the mapping tool; 27 (d) the number of service providers and contracts awarded; 28 (e) the amount of funds invested in the renewable energy outreach and 29 community planning assistance program; and 30 (f) any additional information relevant to assessing program effec- 31 tiveness. 32 2. The authority shall submit such report to the governor, the tempo- 33 rary president of the senate, and the speaker of the assembly. A copy of 34 the report shall also be posted on the authority's website. 35 § 6. Paragraph (e) of subdivision 7 of section 94-c of the executive 36 law, as added by a chapter of the laws of 2023 amending the public 37 authorities law and the executive law relating to authorizing the New 38 York state energy research and development authority to develop a clean 39 energy outreach and community planning program, as proposed in legisla- 40 tive bills numbers S. 2956-A and A. 2888-A, is REPEALED. 41 § 7. This act shall take effect on the same date and in the same 42 manner as a chapter of the laws of 2023 amending the public authorities 43 law and the executive law relating to authorizing the New York state 44 energy research and development authority to develop a clean energy 45 outreach and community planning program, as proposed in legislative 46 bills numbers S. 2956-A and A. 2888-A, takes effect; provided that the 47 amendments to title 9-C of article 8 of the public authorities law made 48 by sections one, two, three, four, and five of this act shall not affect 49 the repeal of such title and shall be deemed repealed therewith; 50 provided further, however, that such repeal shall not affect or impair 51 any act done, any application filed, any right, permit or authorization 52 awarded, accrued, received or acquired, or any liability incurred, prior 53 to the time such repeal takes effect.