New York S 4749: Requires financial security for reclamation for solar and wind electric generating systems

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S04749 Summary:

BILL NOS04749 

&nbsp

SAME ASSAME AS A10321

&nbsp

SPONSORBORRELLO

&nbsp

COSPNSROBERACKER, ORTT

&nbsp

MLTSPNSR

&nbsp

Add §66-x, Pub Serv L; amd §94-c, Exec L

&nbsp

Requires financial security for reclamation for solar and wind electric generating systems.

Go to top S04749 Actions:

BILL NOS04749 

&nbsp

02/12/2025REFERRED TO ENERGY AND TELECOMMUNICATIONS

01/07/2026REFERRED TO ENERGY AND TELECOMMUNICATIONS

Go to topS04749 Committee&nbspVotes:

Go to topS04749 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04749 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4749

 2025-2026 Regular Sessions

 IN SENATE

 February 12, 2025
 ___________

 Introduced by Sens. BORRELLO, OBERACKER, ORTT -- read twice and ordered
 printed, and when printed to be committed to the Committee on Energy
 and Telecommunications

 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-x to read as follows:
 3 § 66-x. 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.
 LBD09289-01-5

 S. 4749 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 reclamati