(WNY News Now) – New York DEC Unveils Proposal for Mitigation Fund to Offset Wildlife Impacts from Energy Projects.
The New York State Department of Environmental Conservation (DEC) released a proposed regulation to implement a fund to help offset negative impacts to endangered and threatened species populations during the construction of renewable energy and energy transmission projects. The proposed Endangered and Threatened Species Mitigation Bank Fund regulation is available for public comment until Jan. 15, 2025, with two virtual public hearings on Jan. 8, 2025.
“New York’s green energy transition continues to keep the protection of the state’s most vulnerable wildlife and their habitats at the forefront of our work,” Interim Commissioner Mahar said. “The Endangered and Threatened Species Mitigation Bank is a new tool to protect critical habitats and populations of listed species for the long term while supporting efforts to achieve the state’s ambitious renewable energy goals and meet the challenge of the climate crisis.”
The Accelerated Renewable Energy Growth and Community Benefit Act of 2020 and the Renewable Action Through Project Interconnection and Deployment (RAPID) Act of 2024 require DEC to establish an Endangered and Threatened Species Mitigation Bank Fund as an alternative mechanism for large-scale renewable energy generation and transmission projects to meet mitigation requirements for unavoidable adverse impacts to endangered and threatened animal species.
The Office of Renewable Energy Siting (ORES) within the Department of Public Service is the lead agency reviewing large-scale energy generation and transmission projects under the RAPID Act. Project applicants are required to work with ORES and DEC to assess the impacts proposal could have on endangered or threatened species. If an adverse impact is expected, applicants are required to explore avoidance and minimization measures. If an applicant cannot avoid impact, DEC will work with ORES to evaluate whether the anticipated unavoidable harmful impacts to endangered or threatened species can be effectively mitigated offsite. Examples of mitigation could include creation of new habitat to offset the loss of habitat, removal or reduction of known threats to improve productivity of an impacted species, and research that identifies new locations of importance to impacted species such as nesting areas or hibernacula.
If offsite mitigation is pursued, DEC determines appropriate payments to be made by the project applicant into the Fund based on considerations outlined in the proposed regulations. Considerations include the nature of the impact, which species are impacted, and the estimated cost for DEC to implement a conservation project capable of creating a net conservation benefit for the affected species that exceed the anticipated harmful impacts. ORES can either accept the recommended payment into the Fund or work with the applicant to ensure they implement an alternative mitigation plan that is determined to result in a net conservation benefit to the impacted species.
DEC would then use the Fund to implement management actions that improve the status of impacted species. Funds can be used directly by the agency or be used to support cooperative agreements or contracts with partners capable of implementing the net conservation benefit project needed.
DEC is accepting comments on the proposed regulations until Jan. 15, 2025. Submit comments to [email protected] (subject: “Mitigation Bank Fund”) or to: NYSDEC, Attn: Abby Valachovic, 625 Broadway, Albany, NY 12233-4754.
DEC is holding two virtual public hearing sessions on Jan. 8, 2025, at 1 p.m. and 6 p.m. The draft regulations and details for the hearing and comment period are available on DEC’s website.