(i) natural conditions at the site that  are  favorable  to  renewable
energy generation;
  (ii) current land uses at or near the site;
  (iii) environmental conditions at or near the site;
  (iv)  the  availability  and  characteristics  of  any transmission or
distribution facilities on or near  the  site  that  could  be  used  to
facilitate  the  delivery of energy from the site, including existing or
potential constraints on such facilities;
  (v) the potential for the development of energy storage facilities  at
or near the site;
  (vi)   potential  impacts  of  development  on  environmental  justice
communities; and
  (vii) expressions of  commercial  interest  in  the  site  or  general
location by developers of major renewable energy facilities.
  (b)  In  making  such  assessment the authority shall give priority to
previously developed sites,  existing  or  abandoned  commercial  sites,
including  without  limitation brownfields, landfills, former commercial
or industrial sites, dormant electric  generating  sites,  or  otherwise
underutilized sites;
  2.  Notwithstanding  any  provision  of law to the contrary that would
require the authority to locate sites through a competitive procurement,
negotiate and enter into agreements with  persons  who  own  or  control
interests  in favorable sites for the purpose of securing the rights and
interests necessary to enable the  authority  to  establish  build-ready
sites;
  3. Establish procedures and protocols for the purpose of establishment
and transfer of build-ready sites which shall include, at a minimum: (a)
written  notice  at  the  earliest practicable time to a municipality in
which a potential build-ready  site  has  been  identified;  and  (b)  a
preliminary  screening  process  to  determine, in consultation with the
department  of  environmental  conservation,   whether   the   potential
build-ready site is located in or near an environmental justice area and
whether  an  environmental  justice  area would be adversely affected by
development of a build-ready site;
  4. Undertake all work and secure such permits as the  authority  deems
necessary  or  convenient  to  facilitate  the  process  of establishing
build-ready sites and for the  transfer  of  the  build-ready  sites  to
developers  selected pursuant to a publicly noticed, competitive bidding
process authorized by law;
  ** 5. Notwithstanding title five-A of article nine of this chapter  or
section  two  thousand  eight  hundred  twenty-seven-a  of this chapter,
establish  a  build-ready  program,  including  eligibility  and   other
criteria,  pursuant  to which the authority would, through a competitive
and transparent  bidding  process,  and  using  single  purpose  project
holding  companies  established  by  or  on  behalf of the authority and
having no separate and independent operational  control,  acquire,  sell
and  transfer  rights  and  other  interests  in  build-ready  sites and
development rights to developers for the  purpose  of  facilitating  the
development  of  renewable  energy facilities on such build-ready sites,
which single purpose project holding companies shall be subject  to  the
laws  of this chapter until conveyed to third parties. Such transactions
may include the transfer of rights, interests and  obligations  existing
under agreements providing for host community benefits negotiated by the
authority  pursuant  to programs established pursuant to subdivision six
of this section on such terms and  conditions  as  the  authority  deems
appropriate;
  ** NB Effective until April 19, 2024
  ** 5.  Notwithstanding  title  five-A of article nine of this chapter,
establish  a  build-ready  program,  including  eligibility  and   other
criteria,  pursuant  to which the authority would, through a competitive
and transparent bidding process, transfer rights and other interests  in
build-ready  sites  and development rights to developers for the purpose
of facilitating the development of renewable energy facilities  on  such
build-ready sites. Such transactions may include the transfer of rights,
interests  and  obligations existing under agreements providing for host
community benefits negotiated by  the  authority  pursuant  to  programs
established  pursuant  to  subdivision six of this section on such terms
and conditions as the authority deems appropriate;
  ** NB Effective April 19, 2024
  6. Establish one or more programs pursuant to  which  property  owners
and  communities would receive incentives to host major renewable energy
facilities developed for the purpose of  advancing  the  state  policies
embodied  in  this article. Such program may include without limitation,
and  notwithstanding  any  other  provision  of  law  to  the  contrary,
provisions for the authority to negotiate and enter into agreements with
property owners and host communities providing for incentives, including
a payment in lieu of taxes, the transfer of the authority's interests in
such agreements to developers to whom build-ready sites are transferred,
and the provision of information and guidance to stakeholders concerning
incentives.  The  authority shall maintain a record of such programs and
incentives, and shall publish such record on the authority's website;
  7. Procure the services of one or more  service  providers,  including
without  limitation  environmental consultants, engineers and attorneys,
to support the  authority's  responsibilities  under  this  section  and
perform such other functions as the authority deems appropriate;
  8.  In  consultation  with the department of economic development, the
department of labor and other  state  agencies  and  authorities  having
experience   with  job  training  programs,  assess  the  need  for  and
availability of workforce training in  the  local  area  of  build-ready
sites  to  support  green  jobs  development  with  special attention to
environmental justice communities and,  subject  to  available  funding,
establish  one  or more programs pursuant to which financial support can
be made available for the local workforce and under-employed populations
in the area;
  9. Manage, allocate  and  spend  any  monies  made  available  to  the
authority in furtherance of this title as the authority determines to be
appropriate  for  the proper administration of programs created pursuant
to this title. The authority shall, in  identifying  build-ready  sites,
consider  the  ability to recoup funds allocated or spent in furtherance
of the programs created pursuant  to  this  title.  Any  proceeds,  less
program expenses and administration, so earned by the authority pursuant
to  this title shall be reinvested in accordance with a plan approved by
the commission;
  10. Where the authority determines that it would be beneficial to  the
policy  embodied  in  this title, offer financing or other incentives to
eligible developers through a  competitive  process,  including  without
limitation  measures  and  activities  undertaken  by  the  authority in
conjunction with its administration of the state's clean energy standard
or  similar  program  as  established  in  commission  orders, including
without limitation orders issued in commission  case  number  15-E-0302;
and
  11.  Request  and  receive  the  assistance of, the departments or any
other state  agency  or  authority,  within  their  respective  relevant
subject  matter  expertise, to support the administration of the program
created pursuant to this title.
  * NB Repealed December 31, 2030
Structure New York Laws