N.Y. Public Service Law § 138: General provisions related to establishing standards related to siting major renewable energy facilities

* § 138. General provisions related to establishing standards related

to siting major renewable energy facilities. 1. (a) ORES shall be

authorized to establish and amend, subject to the approval of the

commission, a set of uniform standards and conditions for the siting,

design, construction and operation of each type of major renewable

energy facility subject to this article relevant to issues that are

common for particular classes and categories of major renewable energy

facilities, in consultation with other offices within the department,

the New York state energy research and development authority, the

department of environmental conservation, the department of agriculture

and markets, and other relevant state agencies and authorities with

subject matter expertise.

(b) The uniform standards and conditions established pursuant to this

subdivision shall be designed to avoid or minimize, to the maximum

extent practicable, any potential significant adverse environmental

impacts related to the siting, design, construction and operation of a

major renewable energy facility. Such uniform standards and conditions

shall apply to those environmental impacts ORES determines are common to

each type of major renewable energy facility.

(c) In its review of an application for a permit to develop a

major-renewable energy facility, ORES, in consultation with the

department of environmental conservation, shall identify those

site-specific adverse environmental impacts, if any, that may be caused

or contributed to by a specific proposed major renewable energy facility

and are unable to be addressed by the uniform standards and conditions.

ORES shall draft, in consultation with the department of environmental

conservation, site-specific permit terms and conditions for such

impacts, including provisions for the avoidance or mitigation thereof,

taking into account the CLCPA targets and the environmental benefits of

the proposed major renewable energy facility; provided, however, that

ORES shall require that the application of uniform standards and

conditions and site-specific conditions shall achieve a net conservation

benefit to any impacted endangered and threatened species.

2. To the extent that adverse environmental impacts are not completely

addressed by uniform standards and conditions and site-specific major

renewable energy facility siting permit conditions proposed by ORES, and

ORES determines that mitigation of such impacts may be achieved by

off-site mitigation, ORES may require payment of a fee by the applicant

to achieve such off-site mitigation. If ORES determines, in consultation

with the department of environmental conservation, that mitigation of

impacts to endangered or threatened species that achieves a net

conservation benefit can be achieved by off-site mitigation, the amount

to be paid for such off-site mitigation shall be set forth in the final

major renewable energy facility siting permit. ORES may require payment

of funds sufficient to implement such off-site mitigation into the

endangered and threatened species mitigation bank fund established

pursuant to section ninety-nine-hh of the state finance law.

3. ORES, in consultation with the department, shall promulgate rules

and regulations with respect to all necessary requirements to implement

the siting permit program established in this article and promulgate

modifications to such rules and regulations as it deems necessary;

provided that ORES shall promulgate regulations requiring the service of

applications on affected municipalities and political subdivisions

simultaneously with submission of an application. Any such rules and

regulations, or any amendments or modifications thereto, shall be

subject to the approval of the public service commission before they

become effective.

4. The uniform standards and conditions established pursuant to this

section shall be designed to avoid, minimize, or mitigate to the maximum

extent practicable, potential significant adverse impacts to land used

in agricultural production, with additional consideration for land

within an agricultural district or land that contains mineral soil

groups 1-4. The provisions of this subdivision shall not apply in the

consideration of any permits for siting, design, construction, or

operation of a major renewable energy facility for which a completed

application has been received by the office of renewable energy siting

and electric transmissions prior to the adoption of amended uniform

standards and conditions consistent with this subdivision.

5. The office of renewable energy siting and electric transmission

pursuant to section three-c of this chapter, in consultation with the

department, shall post, maintain, and regularly update on its website a

statewide map with the location, approximate acreage, and generation

capacity of each approved and proposed facility pursuant to this article

or renewable electric generating facility pursuant to article ten of

this chapter for which permitted, complete, or incomplete applications

or notices of intent have been received by such office or the public

service commission. Such statewide map may include any additional

information such office deems necessary. The information required

pursuant to this subdivision shall be updated upon the completion of

each new or updated application for a proposed facility.

* NB Repealed December 31, 2040