A5908 — Authorizes local municipalities and political subdivisions to have final say on if a renewable energy power plant can be sited in such municipalities or political subdivision's jurisdiction

Summary

Authorizes local municipalities and political subdivisions to have final say on if a renewable energy power plant can be sited in such municipalities' or political subdivisions' jurisdiction; establishes conflict of interest standards for approving the siting of a renewable energy power plant in a local municipality or political subdivision; requires the office of renewable energy siting and electric transmissions establish a database to collect and display host agreements and land contracts for renewable energy power plants; establishes contract standards concerning the forfeiture of mineral rights for the siting of renewable energy power plants; regulates the conduct of businesses engaged in the conduct of selling renewable energy power plants.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 142 of the public service law.

• Section 142 of the public service law

  and ORES determines not to hold an adjudicatory hearing on the application, ORES shall hold a non-adjudicatory public hearing in or near one or more of the affected municipalities or political subdivi- sions. In any such adjudicatory hearing, ORES or the department, shall designate members of its staff to represent the public interest, includ- ing with respect to the application of local and state laws a major renewable energy facility or 4. → such appli- cation shall be denied italics § 142-a. Prohibition on conflicts of interest. 1. No application shall be deemed completed if such application provides compensation or a host agreement to a local elected official of a municipality or political subdivision, government employee, or an immediate family member of such a local elected official or government employee. 2. Where a municipality or political subdivision is to determine whether a proposed project is designed to be sited, constructed or oper- ated in compliance with applicable local laws and regulations pursuant to section one hundred forty-two of this article, if any individual or individuals who participate in voting on approving such project would receive compensation or a host agreement as a result of such project being approved, such individual or individuals shall be required to recuse themselves from such vote. Furthermore, such individual or indi- viduals shall not participate in any discussions or deliberations on whether such proposed project should be approved. § 149. Transparency requirements. The office of renewable energy siting and electric transmissions shall establish and maintain a data- base of all host agreements and land contracts related to major renewa- ble energy facilities built in the state of New York. Such database shall be in an electronic format on the office of renewable energy siting and electric transmissions website and made available to the public. Such host agreements and land contracts shall be unredacted. In the case of a major renewable energy facilities agreements with a municipality or political subdivision, such municipality or political subdivision may require any approval, consent, permit, certificate, contract, agreement, or other condition for the development, design, construction, operation, or decommissioning of a major renewable energy facility prior to giving approval for an application. Such municipality or political subdivision shall hire and retain independent attorneys to review such agreements and applicants for a major renewable energy facility that provides wind or solar power shall be prohibited from providing attorneys to such municipality or political subdivision. 4. 5. § 5-338. Agreements concerning the siting of major renewable energy facilities. Every undertaking or promise, whether written or oral, express or implied, constituting or contained, in any contract or agree- ment of hiring or employment between any individual, firm, company, association or corporation and any municipality or political subdivision and private landowner for the sale of land for the siting of a major renewable energy facility as contemplated by article eight of the public service law shall not contain a clause requiring the forfeiture of mineral rights. ARTICLE 45-A RENEWABLE ENERGY SOLICITORS Section 1510. Definitions. 1511. Prohibited practices. 1512. Violations and penalties. § 1510. Definitions. As used in this article, unless the context or subject matter otherwise requires: 1. "Renewable energy resources" shall have the same meaning as defined in section 1-103 of the energy law. 2. "Renewable energy resources agency" shall mean a person, firm or corporation engaged in business, the principal purpose of which is to solicit public agencies, municipalities, or private individuals to purchase a renewable energy resource power plant. 3. "Communication" shall mean the conveying of information regarding renewable energy resources directly or indirectly to any person through any medium. 4. "Renewable energy resources solicitor" means an individual who, as part of such individual's job, to solicit agencies, municipalities, or private individuals to purchase a renewal energy resource power plant. § 1511. Prohibited practices. No renewable energy resources agency as defined by this article, or such agency's agent shall: 1. Simulate in any manner a law enforcement officer, or a represen- tative of any governmental agency of the

  amended

Action History

1. January 07, 2026

   REFERRED TO ENERGY

2. February 24, 2025

   REFERRED TO ENERGY

Sponsors

• Jeff Gallahan · Primary

Subjects