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A08353 Summary:

BILL NOA08353
 
SAME ASSAME AS S07420
 
SPONSORGoodell
 
COSPNSR
 
MLTSPNSR
 
Add 66-s, Pub Serv L; amd 94-c, Exec L
 
Requires financial security for reclamation for solar and wind electric generating systems.
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A08353 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8353
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN ACT to amend the  public  service  law  and  the  executive  law,  in
          relation to requiring financial security for reclamation for solar and
          wind electric generating systems

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public service law is amended by adding a  new  section
     2  66-s to read as follows:
     3    § 66-s. Financial security for reclamation for solar and wind electric
     4  generating  systems. 1. Before the commission may issue a permit or find
     5  a solar or wind electric generating system in compliance with any  terms
     6  and  conditions  set  forth  in any permit already issued, the applicant
     7  shall furnish financial security to ensure the performance  of  reclama-
     8  tion  as  provided  in  the  approved  plan for a solar or wind electric
     9  generating system and naming the state as beneficiary. Financial securi-
    10  ty shall be in the form of a bond from a corporate surety licensed to do
    11  business as such in the state or any other  form  the  commission  deems
    12  acceptable.  Any interest accruing as a result of such security shall be
    13  the exclusive property of the permittee.
    14    2. The commission shall determine the amount, condition, and terms  of
    15  the  financial  security.  The  amount shall be based upon the estimated
    16  cost of reclaiming the affected land, which shall be based  on  informa-
    17  tion contained in the permit application and upon such information as an
    18  investigation by the commission may disclose.
    19    3.  The financial security shall remain in full force and effect until
    20  the commission has approved the reclamation. At the  discretion  of  the
    21  commission,  the permittee may secure the release of that portion of the
    22  financial security for affected  land  on  which  reclamation  has  been
    23  completed and approved by the commission.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13183-01-1

        A. 8353                             2
 
     1    4. If the financial security shall for any reason be cancelled, within
     2  thirty  days after receiving notice thereof, the permittee shall provide
     3  a valid replacement under the  same  conditions  as  described  in  this
     4  section.   Failure to provide a replacement bond within such period may,
     5  at  the discretion of the commission, result in the immediate suspension
     6  of the permit.
     7    5. If a permit is suspended or revoked, the commission may require the
     8  permittee to commence reclamation upon thirty days notice.
     9    6. If the permittee fails to commence or to complete  the  reclamation
    10  as  required, the commission may attach the financial security furnished
    11  by the permittee. In any event, the full cost of completing  reclamation
    12  shall  be  the  personal  liability  of  the permittee and/or the person
    13  owning or operating the solar or wind electric generating system and the
    14  commission, acting by the attorney general, may bring  suit  to  recover
    15  all costs to secure the reclamation not covered by the financial securi-
    16  ty.  The materials, machinery, implements and tools of every description
    17  which may be found at the solar or wind electric generating system site,
    18  or  other  assets of the permittee and/or the person owning or operating
    19  the solar or wind electric generating system shall be subject to a  lien
    20  of  the  commission  for the amount expended for reclamation of affected
    21  lands and shall not be  removed  without  the  written  consent  of  the
    22  commission.   Such lien may be foreclosed by the attorney general in the
    23  same manner as a mechanic's lien.
    24    7. Political subdivisions, municipalities, the United States  and  any
    25  of  its  agencies  and  agencies  of  the state shall be exempt from the
    26  requirements of this section.
    27    § 2. Section 94-c of the executive law is  amended  by  adding  a  new
    28  subdivision 9 to read as follows:
    29    9.  Financial  security  for  reclamation  for solar and wind electric
    30  generating systems. (a) Before the office may issue a siting permit  for
    31  a solar or wind electric generating system or find a solar or wind elec-
    32  tric  generating  system in compliance with any terms and conditions set
    33  forth in any siting permit already issued, the applicant  shall  furnish
    34  financial  security to ensure the performance of reclamation as provided
    35  in the approved pre-application public involvement program  plan  for  a
    36  solar or wind electric generating system and naming the state as benefi-
    37  ciary.  Financial  security shall be in the form of a bond from a corpo-
    38  rate surety licensed to do business as such in the state  or  any  other
    39  form  the  office deems acceptable. Any interest accruing as a result of
    40  such security shall be the exclusive property of the permittee.
    41    (b) The office shall determine the amount, condition, and terms of the
    42  financial security. The amount shall be based upon the estimated cost of
    43  reclaiming the affected  land,  which  shall  be  based  on  information
    44  contained  in the siting permit application and upon such information as
    45  an investigation by the office may disclose.
    46    (c) The financial security shall remain in full force and effect until
    47  the office has approved  the  reclamation.  At  the  discretion  of  the
    48  office,  the  permittee  may  secure  the release of that portion of the
    49  financial security for affected  land  on  which  reclamation  has  been
    50  completed and approved by the office.
    51    (d) If the financial security shall for any reason be cancelled, with-
    52  in  thirty  days  after  receiving  notice  thereof, the permittee shall
    53  provide a valid replacement under the same conditions  as  described  in
    54  this  section.  Failure to provide a replacement bond within such period
    55  may, at the discretion of the office, result in the immediate suspension
    56  of the siting permit.

        A. 8353                             3
 
     1    (e) If a siting permit is suspended or revoked, the office may require
     2  the permittee to commence reclamation upon thirty days notice.
     3    (f)  If the permittee fails to commence or to complete the reclamation
     4  as required, the office may attach the financial security  furnished  by
     5  the  permittee.  In  any  event, the full cost of completing reclamation
     6  shall be the personal liability  of  the  permittee  and/or  the  person
     7  owning or operating the solar or wind electric generating system and the
     8  office,  acting  by  the attorney general, may bring suit to recover all
     9  costs to secure the reclamation not covered by the  financial  security.
    10  The  materials,  machinery,  implements  and  tools of every description
    11  which may be found at the solar or wind electric generating system site,
    12  or other assets of the permittee and/or the person owning  or  operating
    13  the  solar or wind electric generating system shall be subject to a lien
    14  of the office for the amount expended for reclamation of affected  lands
    15  and shall not be removed without the written consent of the office. Such
    16  lien  may  be foreclosed by the attorney general in the same manner as a
    17  mechanic's lien.
    18    (g) Political subdivisions, municipalities, the United States and  any
    19  of  its  agencies  and  agencies  of  the state shall be exempt from the
    20  requirements of this section.
    21    § 3. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law; provided, however, that  the  amendments  to
    23  section  94-c  of  the  executive  law, made by section two of this act,
    24  shall not affect the repeal of such section and shall be deemed repealed
    25  therewith. Effective immediately, the addition, amendment and/or  repeal
    26  of  any  rule or regulation necessary for the implementation of this act
    27  on its effective date are authorized to be  made  and  completed  on  or
    28  before such effective date.
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