Bill would limit renewable projects on protected lands

ORES would not permit major renewable energy projects that use, encroach on, or permanently alter tier one lands. Tier one includes forest preserve lands, state forests, and wildlife management areas. The ban would apply regardless of proposed steps to reduce harm. If enacted, the rule would apply to projects not approved by the act's effective date.

ORES would permit projects affecting tier two lands only if the developer first transfers qualifying land to the state or a land trust. Tier two includes certified farm districts, certain agricultural soils, wetlands, grassland bird conservation areas, lands identified in the state open space plan, and land near tier one areas. The transferred land must have equivalent or greater ecological value and be in the same state conservation region. The required amount is three acres for each acre of tier two land used, encroached on, or permanently altered during the project's operating life. For the acreage count, directly occupied solar equipment areas count; other areas count if they are permanently removed from farming or ecological use. ORES must set the total before the final permit, and the transfer must happen before a siting permit. Projects must meet uniform standards. Parcels identified as priority conservation targets must have site-specific conditions before a permit is issued. If enacted, the conditions would apply to projects not approved by the act's effective date. The land transfer must happen before a siting permit.

ORES would have to find that a project follows applicable laws before issuing a final permit and could not override local restrictions on major renewable energy projects. This would cover local laws and ordinances in the municipality hosting the proposed project. A written finding by the host municipality's governing board that a project violates local law would bind ORES and count as grounds to deny the permit. If enacted, the rules would apply to projects not approved by the act's effective date.

New York State would pay host municipalities each year for land transferred under the tier two permit condition. The payments would cover parcels transferred to meet the tier two land transfer condition. The yearly payment would be at least the parcel's full assessed value when transferred and would be adjusted to reflect later changes in assessed value. If enacted, payments would continue for the operating life of the siting permit and any renewal.