The New York State Department of Environmental Conservation (DEC) today adopted a regulation to implement the Endangered and Threatened Species Mitigation Bank Fund to help offset negative impacts to endangered and threatened species populations during the construction of renewable energy and energy transmission projects.
“New York continues to keep the protection of the state’s most vulnerable wildlife and their habitats at the forefront of our work to safeguard natural resources as cleaner energy projects advance,” DEC Commissioner Amanda Lefton said. “The Endangered and Threatened Species Mitigation Bank Fund is a new tool to help DEC protect and restore critical habitats and populations of listed species for the long-term while supporting efforts to promote the continued growth of renewable energy statewide.”
The Accelerated Renewable Energy Growth and Community Benefit Act of 2020 and the Renewable Action Through Project Interconnection and Deployment (RAPID) Act of 2024 required DEC to establish the 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 proposals may have on endangered or threatened species. If an adverse impact is anticipated, applicants are required to explore avoidance and minimization measures. If an applicant cannot avoid impacts, DEC works with ORES to evaluate whether the anticipated unavoidable harmful impacts to endangered or threatened species can be effectively mitigated offsite.
Examples of mitigation include creation of new habitat to offset habitat loss, 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 deemed viable and DEC can identify a project able to generate the necessary net conservation benefit, DEC determines appropriate payments to be made by the project applicant into the fund based on considerations outlined in the regulations. Funds can be used by DEC or to support cooperative agreements or contracts with partners to implement projects that result in a net conservation benefit for the affected species. For additional details including offsite mitigation options and costs visit DEC’s website.
The proposed regulations were published in the State Register on Oct. 23, 2024, with two virtual public hearings held on Jan. 8, 2025, and public comments accepted through Jan. 15, 2025. For details, including an assessment of the public comments received, visit DEC’s website.
