N.Y. Public Authorities Law § 1902: Powers and duties

* § 1902. Powers and duties. The authority is hereby authorized and

directed to undertake such actions it deems necessary or convenient to

foster and encourage the siting and development of build-ready sites

throughout the state in accordance with this title, work in

collaboration with the department of public service and the New York

state urban development corporation and any of their affiliates,

including without limitation:

1. (a) Locate, identify and assess sites within the state that appear

suitable for the development of build-ready sites with a priority given

to dormant electric generating sites, and preference to previously

developed sites, provided that land used in agricultural production as

defined by the department of agriculture and markets, with additional

consideration for land within an agricultural district or land that

contains mineral soil groups 1-4, shall not be deemed suitable for the

development of a build-ready site except when necessary for generator

lead lines and other equipment needed for interconnection of projects to

the electric system. Such assessment may include but need not be limited

to the following considerations:

(i) natural conditions at the site that are favorable to renewable

energy generation;

(ii) current land uses at or near the site;

(iii) environmental conditions at or near the site;

(iv) the availability and characteristics of any transmission or

distribution facilities on or near the site that could be used to

facilitate the delivery of energy from the site, including existing or

potential constraints on such facilities;

(v) the potential for the development of energy storage facilities at

or near the site;

(vi) potential impacts of development on environmental justice

communities; and

(vii) expressions of commercial interest in the site or general

location by developers of major renewable energy facilities.

(b) (i) In making such assessment the authority shall give priority to

previously developed sites, existing or abandoned commercial sites,

including without limitation brownfields, landfills, former commercial

or industrial sites, dormant electric generating sites, or otherwise

underutilized sites; and

(ii) the authority may establish a renewable energy generation project

in furtherance of an agrivolatic project, where "agrivoltaic project"

shall mean the simultaneous use of areas of land for both solar power

generation and agriculture, specific to the practice of such dual-use

solar energy project, where any of the previously developed sites listed

in subparagraph (i) of this paragraph is reclaimed as farmland.

2. Notwithstanding any provision of law to the contrary that would

require the authority to locate sites through a competitive procurement,

negotiate and enter into agreements with persons who own or control

interests in favorable sites for the purpose of securing the rights and

interests necessary to enable the authority to establish build-ready

sites;

3. Establish procedures and protocols for the purpose of establishment

and transfer of build-ready sites which shall include, at a minimum: (a)

written notice at the earliest practicable time to a municipality in

which a potential build-ready site has been identified, provided

however, that the authority shall not deem any site for qualified energy

storage systems suitable without first consulting any municipalities

with jurisdiction over the potential build-ready site and obtaining

their approval; and (b) a preliminary screening process to determine, in

consultation with the department of environmental conservation, whether

the potential build-ready site is located in or near an environmental

justice area and whether an environmental justice area would be

adversely affected by development of a build-ready site;

4. Undertake all work and secure such permits as the authority deems

necessary or convenient to facilitate the process of establishing

build-ready sites and for the transfer of the build-ready sites to

developers selected pursuant to a publicly noticed, competitive bidding

process authorized by law;

* 5. Notwithstanding title five-A of article nine of this chapter or

section two thousand eight hundred twenty-seven-a of this chapter,

establish a build-ready program, including eligibility and other

criteria, pursuant to which the authority would, through a competitive

and transparent bidding process, and using single purpose project

holding companies established by or on behalf of the authority and

having no separate and independent operational control, acquire, sell

and transfer rights and other interests in build-ready sites and

development rights to developers for the purpose of facilitating the

development of renewable energy facilities on such build-ready sites,

which single purpose project holding companies shall be subject to the

laws of this chapter until conveyed to third parties. Such transactions

may include the transfer of rights, interests and obligations existing

under agreements providing for host community benefits negotiated by the

authority pursuant to programs established pursuant to subdivision six

of this section on such terms and conditions as the authority deems

appropriate;

* NB Effective until April 19, 2030

* 5. Notwithstanding title five-A of article nine of this chapter,

establish a build-ready program, including eligibility and other

criteria, pursuant to which the authority would, through a competitive

and transparent bidding process, transfer rights and other interests in

build-ready sites and development rights to developers for the purpose

of facilitating the development of renewable energy facilities on such

build-ready sites. Such transactions may include the transfer of rights,

interests and obligations existing under agreements providing for host

community benefits negotiated by the authority pursuant to programs

established pursuant to subdivision six of this section on such terms

and conditions as the authority deems appropriate;

* NB Effective April 19, 2030

6. Establish one or more programs pursuant to which property owners

and communities would receive incentives to host major renewable energy

facilities or qualified energy storage systems developed for the purpose

of advancing the state policies embodied in this article. Such program

may include without limitation, and notwithstanding any other provision

of law to the contrary, provisions for the authority to negotiate and

enter into agreements with property owners and host communities

providing for incentives, including a payment in lieu of taxes, the

transfer of the authority's interests in such agreements to developers

to whom build-ready sites are transferred, and the provision of

information and guidance to stakeholders concerning incentives. The

authority shall maintain a record of such programs and incentives, and

shall publish such record on the authority's website;

7. Procure the services of one or more service providers, including

without limitation environmental consultants, engineers and attorneys,

to support the authority's responsibilities under this section and

perform such other functions as the authority deems appropriate;

8. In consultation with the department of economic development, the

department of labor and other state agencies and authorities having

experience with job training programs, assess the need for and

availability of workforce training in the local area of build-ready

sites to support green jobs development with special attention to

environmental justice communities and, subject to available funding,

establish one or more programs pursuant to which financial support can

be made available for the local workforce and under-employed populations

in the area;

9. Manage, allocate and spend any monies made available to the

authority in furtherance of this title as the authority determines to be

appropriate for the proper administration of programs created pursuant

to this title. The authority shall, in identifying build-ready sites,

consider the ability to recoup funds allocated or spent in furtherance

of the programs created pursuant to this title. Any proceeds, less

program expenses and administration, so earned by the authority pursuant

to this title shall be reinvested in accordance with a plan approved by

the commission;

10. Where the authority determines that it would be beneficial to the

policy embodied in this title, offer financing or other incentives to

eligible developers through a competitive process, including without

limitation measures and activities undertaken by the authority in

conjunction with its administration of the state's clean energy standard

or similar program as established in commission orders, including

without limitation orders issued in commission case number 15-E-0302;

and

11. Request and receive the assistance of, the departments or any

other state agency or authority, within their respective relevant

subject matter expertise, to support the administration of the program

created pursuant to this title.

* NB Repealed December 31, 2030