New York Public Authorities Code § 1902

Powers and duties
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* § 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

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