Day: April 3, 2026

Republican press releases being picked up by less then reputable news sources scream headlines like, New York Senate bill could open 11,000 acres of Livingston County forest land to solar and wind development.

However, that is not the case of the proposal at all. The bill, Senate Bill S4408, would do as the sponsors memo says:

“adds a new section 9-0508 to the environmental conservation law to allow the department to enter into agreements for the sole purpose of aiding in the interconnection of renewable energy installations which are located outside of reforestation lands and the transmission and distribution of electricity from those installations. Any agreement made for this purpose would be prohibited from interfering with the operation or use of the reforestation areas.”

In other words, it would allow power lines to cross state lands to assist in the movement of solar and wind power from nearby solar facilities across the state land. While it’s not completely clear if such a policy is prohibited currently – the state does from time to time permit the construction of power lines across reforestation areas – this explicitly makes it a permitted use on the state lands.

Here is the actual text of the proposed law.

 § 9-0508. AGREEMENTS AND EASEMENTS RELATED TO RENEWABLE ENERGY INTERCON-
             NECTION.
   NOTWITHSTANDING  ANY  PROVISIONS  OF ARTICLE SEVEN OF THE PUBLIC LANDS
 LAW TO THE CONTRARY, THE  DEPARTMENT  MAY,  IN  ANY  LANDS  ACQUIRED  AS
 REFORESTATION  AREAS  BY  THE STATE IN ACCORDANCE WITH SECTION 9-0501 OF
 THIS TITLE, ENTER INTO AGREEMENTS, INCLUDING BUT NOT LIMITED TO  LEASES,
 OR  EASEMENTS,  FOR THE SOLE PURPOSE OF AIDING IN THE INTERCONNECTION OF
 RENEWABLE ENERGY INSTALLATIONS LOCATED OUTSIDE SUCH LANDS AND THE TRANS-
 MISSION AND DISTRIBUTION OF ELECTRICITY THEREFROM. SUCH  INTERCONNECTION
 RIGHTS  SHALL  NOT  INTERFERE  WITH  THE OPERATION OF SUCH REFORESTATION
 AREAS FOR THE PURPOSES FOR WHICH THEY WERE ACQUIRED AND  AS  DEFINED  IN
 SECTION  THREE  OF  ARTICLE FOURTEEN OF THE NEW YORK STATE CONSTITUTION.
 ANY AGREEMENT MADE AND ENTERED INTO PURSUANT TO THIS  SECTION  SHALL  BE
 RECORDED  IN THE OFFICE OF GENERAL SERVICES AND BE MADE AVAILABLE TO THE
 PUBLIC ON THE OFFICIAL WEBSITE OF SUCH OFFICE.

Is this proposal a good one or a bad one? That’s up to you to considered. I will note that the concept of the Hewitt Act is explicitly multiple use, with forest products and mineral products like oil and gas production having always been part of state forest management, along with hunting, fishing, camping, and watershed production.

Legally, as an employee of the legislature, I can’t advocate for or against this measure. But I can say, look at the facts as a whole, and read what the measure does and not what the politicians say it does. Indeed, this bill should not have generated much controversy, as while power lines can require a forest cut or impact scenic resources, their is a public comment and administrative review proceedings to ensure such decisions serve the public benefit.