Requires the office of renewable energy siting to develop standards and conditions for the siting of certain large scale renewable energy systems; requires approval of municipalities to such siting plans.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4804
SPONSOR: Slater TITLE OF BILL:
An act to amend the public service law, in relation to requiring the
office of renewable energy siting to develop standards and conditions
for the siting of certain large scale renewable energy systems
PURPOSE OR GENERAL IDEA OF BILL:
Requires the office of renewable energy siting to develop standards and
conditions for the siting of certain large-scale renewable energy
systems
SUMMARY OF PROVISIONS:
Section 1: Provides the Hudson River watershed with the same provisions
that provided protections to Native American and agricultural lands
involving the Office of Renewable Energy Siting's regulation of renewa-
ble energy projects.
Section 2: ORES and the department shall not deem any site for qualified
energy storage systems without first consulting any municipalities with
jurisdiction over the potential build-ready site and obtaining such
municipalities approval.
JUSTIFICATION:
Municipalities across the Hudson Valley are implementing moratoriums of
large-scale battery energy storage systems citing concerns for public
health and the local environment. The Hudson River watershed is among
the most environmentally sensitive areas in New York State. Localities
are grappling with a growing MS4 mandate that is growing in cost at an
alarming rate. The regulations associated with the Hudson River
watershed impact nearly every aspect of development within these commu-
nities, however, the Hudson River watershed is not currently given the
same considerations and protections when it comes to the citing of large
scale battery energy storage systems.
Recent applications for large scale battery energy storage systems have
highlighted the need and importance for local control. Several petitions
have been circulated locally and town officials have signed letters
advocating for local control of these projects. This legislation will
ensure municipal approval is required for all large-scale battery energy
storage systems under consideration by ORES. While the development of
green and renewable energy is incredibly important, it cannot be done at
the expense of our constituents. The current efforts to build a new
energy storage site in the lower Hudson Valley without local control or
input is very unpopular with the people of the area and every local
government is opposed to it.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.10723
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, the amend-
ments to article 8 of the public service law made by sections one and
two of this act shall not affect the repeal of such article and shall be
deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
4804
2025-2026 Regular Sessions
IN ASSEMBLY
February 6, 2025
___________
Introduced by M. of A. SLATER -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to requiring the
office of renewable energy siting to develop standards and conditions
for the siting of certain large scale renewable energy systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 138 of the public service law is amended by adding
2 a new subdivision 6 to read as follows:
3 6. The uniform standards and conditions established pursuant to this
4 section shall be designed to avoid, minimize, or mitigate to the maximum
5 extent practicable, potential significant adverse impacts to land within
6 the Hudson River watershed area, with additional consideration for land
7 within an agricultural or conservation district or land that contains
8 mineral soil groups 1-4. The provisions of this subdivision shall not
9 apply in the consideration of any permits for siting, design,
10 construction, or operation of a major renewable energy facility for
11 which a completed application has been received by the office of renewa-
12 ble energy siting and electric transmissions prior to the adoption of
13 amended uniform standards and conditions consistent with this subdivi-
14 sion.
15 § 2. Section 144 of the public service law is amended by adding a new
16 subdivision 5 to read as follows:
17 5. ORES and the department shall not deem any site for qualified ener-
18 gy storage systems suitable without first consulting any municipalities
19 with jurisdiction over the potential build-ready site and obtaining such
20 municipalities' approval.
21 § 3. This act shall take effect immediately; provided, however, the
22 amendments to article 8 of the public service law made by sections one
23 and two of this act shall not affect the repeal of such article and
24 shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06468-01-5
