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Bill

A 10321

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

2025 Regular Session Introduced by Joe Angelino and 7 co-sponsors

Requires solar/wind project developers to post financial security for land reclamation before permits or compliance findings, with state as beneficiary and liens if unreclaimed.

HELD FOR CONSIDERATION IN ENERGY
1
WeVote Research Nonpartisan
Bill Summary · A 10321

Summary of Bill A.10321 (2025-2026) – New York: Financial Security for Reclamation of Solar and Wind Generating Systems

Purpose and Intent

  • Establish a requirement for financial security (reclamation bonds) to ensure that solar and wind electric generating systems are properly reclaimed (land restored) after their operations end.
  • Apply to both siting and permitting processes overseen by the New York State Public Service Commission (PSC) and the New York State Office of Renewable Energy Siting (ORES) (the two agencies referenced: PSC in Public Service Law and the Office in Executive Law).
  • Name the State as beneficiary of the security to ensure funds are available for reclamation if the permittee fails to perform.

Key Provisions and Changes

1) Public Service Law – New Section 66-x

  • Before PSC issues a permit or deems a solar/wind project in compliance, the applicant must post financial security for reclamation.
  • Security form: bond from a corporate surety licensed in New York (or other forms acceptable to the PSC). Any interest earned remains the permittee’s property.
  • Determination of security amount: Based on estimated cost of land reclamation, using information from the permit application and the PSC’s investigation.
  • Duration and release: Security remains in effect until reclamation is approved. The permittee may obtain release of the portion related to reclaimed land as approved.
  • Trigger for replacement: If security is cancelled, the permittee has 30 days to replace it; failure may lead to immediate suspension of the permit.
  • Enforcement and liability: If reclamation is not completed, the PSC may attach the security. Full reclamation costs are the personal liability of the permittee and/or the project owner/operator. The PSC may seek recovery via the Attorney General. A lien on project assets (materials, equipment, etc.) may be used to secure reclamation costs; lien foreclosures handled like a mechanic’s lien.
  • Exemptions: Political subdivisions, municipalities, the United States and its agencies, and state agencies are exempt from these requirements.

2) Executive Law – New Section 94-c

  • Similar requirements and structure as § 66-x but apply to siting permits issued by the Office of Renewable Energy Siting (ORES).
  • Financial security is required before the office issues a siting permit or deems a project in compliance.
  • Security form, amount determination, duration, release, replacement, suspension, and enforcement mirror the PSC approach.
  • Personal liability and lien provisions are the same as under PSC.
  • Exemptions: Same exemptions for political subdivisions, municipalities, and federal/state agencies.

3) Effective Date

  • The act would take effect 180 days after becoming law.
  • It authorizes immediate rulemaking, if needed, to implement the act by its effective date.

Who Is Affected

  • Solar and wind electric generating system applicants seeking PSC permits or ORES siting permits.
  • Permittees (developers, operators) of solar/wind projects, including financial security obligations and potential lien implications.
  • State agencies (PSC and ORES) responsible for permit issuance and reclamation oversight.
  • Excludes political subdivisions, municipalities, the United States and its agencies, and state agencies from applicability.

Procedural and Timeline Aspects

  • The bill requires upfront filing of financial security prior to permit issuance or compliance finding.
  • The security must be maintained until reclamation is approved; portions may be released as reclamation is completed and approved.
  • If security is cancelled or replaced, timelines exist (30-day replacement window; potential immediate suspension if replacement is not provided).
  • In case of suspension/revocation, reclamation must commence within 30 days of notice.
  • Enforcement includes liens on project assets and potential civil action by the Attorney General to recover unreconciled costs.

Potential Impact and Considerations

  • Strengthens environmental accountability by ensuring funds are available for reclamation.
  • Shifts some financial risk from the state to project developers through mandatory security.
  • Could influence project planning costs and timelines (due to security amount calculations and replacement procedures).
  • Clarifies enforcement mechanisms (liens and cost recovery) to ensure reclamation is completed.
  • Exempts certain government entities and federal agencies from these requirements.

If you’d like, I can provide a side-by-side comparison with existing reclamation rules or a plain-language brief for non-technical audiences.

Compiled from official sources — confirm details with the bill’s official record.

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