§ 1902 — Powers and duties

* § 1902. Powers and duties. The authority is hereby authorized and\ndirected to undertake such actions it deems necessary or convenient to\nfoster and encourage the siting and development of build-ready sites\nthroughout the state in accordance with this title, work in\ncollaboration with the department of public service and the New York\nstate urban development corporation and any of their affiliates,\nincluding without limitation:\n 1. (a) Locate, identify and assess sites within the state that appear\nsuitable for the development of build-ready sites with a priority given\nto dormant electric generating sites, and preference to previously\ndeveloped sites, provided that land used in agricultural production as\ndefined by the department of agriculture and markets, with additional\nconsideration for land within an agricultural district or land that\ncontains mineral soil groups 1-4, shall not be deemed suitable for the\ndevelopment of a build-ready site except when necessary for generator\nlead lines and other equipment needed for interconnection of projects to\nthe electric system. Such assessment may include but need not be limited\nto the following considerations:\n (i) natural conditions at the site that are favorable to renewable\nenergy generation;\n (ii) current land uses at or near the site;\n (iii) environmental conditions at or near the site;\n (iv) the availability and characteristics of any transmission or\ndistribution facilities on or near the site that could be used to\nfacilitate the delivery of energy from the site, including existing or\npotential constraints on such facilities;\n (v) the potential for the development of energy storage facilities at\nor near the site;\n (vi) potential impacts of development on environmental justice\ncommunities; and\n (vii) expressions of commercial interest in the site or general\nlocation by developers of major renewable energy facilities.\n (b) (i) In making such assessment the authority shall give priority to\npreviously developed sites, existing or abandoned commercial sites,\nincluding without limitation brownfields, landfills, former commercial\nor industrial sites, dormant electric generating sites, or otherwise\nunderutilized sites; and\n (ii) the authority may establish a renewable energy generation project\nin furtherance of an agrivolatic project, where "agrivoltaic project"\nshall mean the simultaneous use of areas of land for both solar power\ngeneration and agriculture, specific to the practice of such dual-use\nsolar energy project, where any of the previously developed sites listed\nin subparagraph (i) of this paragraph is reclaimed as farmland.\n 2. Notwithstanding any provision of law to the contrary that would\nrequire the authority to locate sites through a competitive procurement,\nnegotiate and enter into agreements with persons who own or control\ninterests in favorable sites for the purpose of securing the rights and\ninterests necessary to enable the authority to establish build-ready\nsites;\n 3. Establish procedures and protocols for the purpose of establishment\nand transfer of build-ready sites which shall include, at a minimum: (a)\nwritten notice at the earliest practicable time to a municipality in\nwhich a potential build-ready site has been identified, provided\nhowever, that the authority shall not deem any site for qualified energy\nstorage systems suitable without first consulting any municipalities\nwith jurisdiction over the potential build-ready site and obtaining\ntheir approval; and (b) a preliminary screening process to determine, in\nconsultation with the department of environmental conservation, whether\nthe potential build-ready site is located in or near an environmental\njustice area and whether an environmental justice area would be\nadversely affected by development of a build-ready site;\n 4. Undertake all work and secure such permits as the authority deems\nnecessary or convenient to facilitate the process of establishing\nbuild-ready sites and for the transfer of the build-ready sites to\ndevelopers selected pursuant to a publicly noticed, competitive bidding\nprocess authorized by law;\n * 5. Notwithstanding title five-A of article nine of this chapter or\nsection two thousand eight hundred twenty-seven-a of this chapter,\nestablish a build-ready program, including eligibility and other\ncriteria, pursuant to which the authority would, through a competitive\nand transparent bidding process, and using single purpose project\nholding companies established by or on behalf of the authority and\nhaving no separate and independent operational control, acquire, sell\nand transfer rights and other interests in build-ready sites and\ndevelopment rights to developers for the purpose of facilitating the\ndevelopment of renewable energy facilities on such build-ready sites,\nwhich single purpose project holding companies shall be subject to the\nlaws of this chapter until conveyed to third parties. Such transactions\nmay include the transfer of rights, interests and obligations existing\nunder agreements providing for host community benefits negotiated by the\nauthority pursuant to programs established pursuant to subdivision six\nof this section on such terms and conditions as the authority deems\nappropriate;\n * NB Effective until April 19, 2030\n * 5. Notwithstanding title five-A of article nine of this chapter,\nestablish a build-ready program, including eligibility and other\ncriteria, pursuant to which the authority would, through a competitive\nand transparent bidding process, transfer rights and other interests in\nbuild-ready sites and development rights to developers for the purpose\nof facilitating the development of renewable energy facilities on such\nbuild-ready sites. Such transactions may include the transfer of rights,\ninterests and obligations existing under agreements providing for host\ncommunity benefits negotiated by the authority pursuant to programs\nestablished pursuant to subdivision six of this section on such terms\nand conditions as the authority deems appropriate;\n * NB Effective April 19, 2030\n 6. Establish one or more programs pursuant to which property owners\nand communities would receive incentives to host major renewable energy\nfacilities or qualified energy storage systems developed for the purpose\nof advancing the state policies embodied in this article. Such program\nmay include without limitation, and notwithstanding any other provision\nof law to the contrary, provisions for the authority to negotiate and\nenter into agreements with property owners and host communities\nproviding for incentives, including a payment in lieu of taxes, the\ntransfer of the authority's interests in such agreements to developers\nto whom build-ready sites are transferred, and the provision of\ninformation and guidance to stakeholders concerning incentives. The\nauthority shall maintain a record of such programs and incentives, and\nshall publish such record on the authority's website;\n 7. Procure the services of one or more service providers, including\nwithout limitation environmental consultants, engineers and attorneys,\nto support the authority's responsibilities under this section and\nperform such other functions as the authority deems appropriate;\n 8. In consultation with the department of economic development, the\ndepartment of labor and other state agencies and authorities having\nexperience with job training programs, assess the need for and\navailability of workforce training in the local area of build-ready\nsites to support green jobs development with special attention to\nenvironmental justice communities and, subject to available funding,\nestablish one or more programs pursuant to which financial support can\nbe made available for the local workforce and under-employed populations\nin the area;\n 9. Manage, allocate and spend any monies made available to the\nauthority in furtherance of this title as the authority determines to be\nappropriate for the proper administration of programs created pursuant\nto this title. The authority shall, in identifying build-ready sites,\nconsider the ability to recoup funds allocated or spent in furtherance\nof the programs created pursuant to this title. Any proceeds, less\nprogram expenses and administration, so earned by the authority pursuant\nto this title shall be reinvested in accordance with a plan approved by\nthe commission;\n 10. Where the authority determines that it would be beneficial to the\npolicy embodied in this title, offer financing or other incentives to\neligible developers through a competitive process, including without\nlimitation measures and activities undertaken by the authority in\nconjunction with its administration of the state's clean energy standard\nor similar program as established in commission orders, including\nwithout limitation orders issued in commission case number 15-E-0302;\nand\n 11. Request and receive the assistance of, the departments or any\nother state agency or authority, within their respective relevant\nsubject matter expertise, to support the administration of the program\ncreated pursuant to this title.\n * NB Repealed December 31, 2030\n