The New York State Department of Environmental Conservation (DEC) today announced proposed regulations to implement a fund to offset adverse impacts to endangered and endangered species populations during the construction of renewable energy and energy transmission projects. did. The proposed Endangered Species Mitigation Banking Fund regulations will be open for public comment until January 15, 2025, with two virtual hearings to be held on January 8, 2025.
“New York State’s transition to green energy continues to put the protection of our state’s most vulnerable wildlife and habitat at the forefront of our work,” said Interim Commissioner Mahar. “The Endangered Species Mitigation Bank will protect critical habitat and populations of designated species in the long term, while supporting efforts to meet the state’s ambitious renewable energy goals and meet the challenges of the climate crisis.” A new tool for protection.
The Renewable Energy Growth Acceleration and Community Benefits Act of 2020 and the Renewable Action through Project Interconnection and Deployment (RAPID) Act of 2024 will eliminate DEC as a replacement mechanism for large-scale renewable energy generation. Requires the establishment of an Endangered Species Mitigation Bank Fund. Transmission projects to meet mitigation requirements for unavoidable adverse impacts on endangered animal species.
The Office of Renewable Energy Siting (ORES) within the Department of Public Services is the lead agency for reviewing large-scale energy generation and transmission projects under the RAPID Act. Project applicants must work with ORES and DEC to assess the potential impacts of their proposals on endangered or endangered species. If adverse impacts are anticipated, applicants should consider workarounds and minimization measures. If the applicant is unable to avoid impacts, DEC will work with ORES to assess whether anticipated and unavoidable adverse impacts on endangered or endangered species can be effectively mitigated off-site. Examples of mitigation include creating new habitat to compensate for habitat loss, removing or reducing known threats to increase the productivity of affected species, and creating nesting and hibernation sites for affected species. This includes research that identifies new sites of importance to the species.
If off-site mitigation is pursued, DEC will determine the appropriate payments to be made by the project applicant into the Fund based on the considerations outlined in the proposed regulations. Considerations include the nature of impacts, which species will be affected, and how to implement conservation projects that can generate net conservation benefits for affected species beyond the expected harmful effects. Includes estimated costs for DEC. ORES may accept payments into the recommended funds or work with applicants to ensure implementation of alternative mitigation plans determined to provide net conservation benefits to affected species.
DEC will then use the funds to implement management actions that improve the status of affected species. Funds can be used directly by government agencies or to support cooperative agreements and contracts with partners that can implement necessary net conservation benefit projects.
DEC is accepting comments on the proposed regulations until January 15, 2025. Send comments to wildliferegs@dec.ny.gov (subject: “Mitigation Bank Fund”) or to NYSDEC, Attn: Abby Valachovic, 625 Broadway, Albany, NY. 12233-4754.
DEC will hold two virtual public hearings on January 8, 2025 at 1:00 PM and 6:00 PM. Details about the draft regulation and the public hearing and comment period are available on DEC’s website: https://www.dec.ny.gov/regulations/propregulations.html.
