New York State Adopts Regulation to Advance Endangered and Threatened Mitigation Bank Fund

The New York State Department of Environmental Conservation has adopted a regulation to implement the Endangered and Threatened Species Mitigation Bank Fund, aimed at offsetting negative impacts to endangered and threatened species populations during construction of renewable energy and energy transmission projects. This move is part of the state's efforts to balance the growth of cleaner energy with the protection of vulnerable wildlife and their habitats. The regulation requires large-scale renewable energy generation and transmission projects to assess and mitigate adverse impacts on endangered or threatened species.

Key Takeaways:

• The New York State Department of Environmental Conservation (DEC) has adopted a regulation to establish the Endangered and Threatened Species Mitigation Bank Fund.
• The fund is designed to help offset the negative impacts of renewable energy and energy transmission projects on endangered and threatened species populations.
• The Accelerated Renewable Energy Growth and Community Benefit Act of 2020 and the Renewable Action Through Project Interconnection and Deployment (RAPID) Act of 2024 mandated the creation of the Mitigation Bank Fund.
• Project applicants must work with the Office of Renewable Energy Siting (ORES) within the Department of Public Service and DEC to assess potential impacts on endangered or threatened species.
• If impact mitigation cannot be avoided, DEC and ORES will evaluate the viability of offsite mitigation measures, including habitat creation, threat reduction, and research initiatives.
• DEC will determine the appropriate payments to be made by the project applicant into the fund based on the regulations' considerations.
• Funds can be used by DEC or to support cooperative agreements or contracts with partners to implement projects resulting in a net conservation benefit for the affected species.
• The proposed regulations were published in the State Register on October 23, 2024, with two virtual public hearings held on January 8, 2025, and public comments accepted through January 15, 2025.

The proposed regulations aim to address the state's commitment to balancing renewable energy development with wildlife conservation.

Statistics:

• The proposed regulations were published in the State Register on October 23, 2024.
• Two virtual public hearings were held on January 8, 2025.
• Public comments were accepted through January 15, 2025.
• The DEC and ORES will review and assess impact mitigation measures for large-scale renewable energy generation and transmission projects.

Sources:

• DEC Adopts Regulatory Proposal to Advance Endangered and Threatened Mitigation Bank Fund, New York State Department of Environmental Conservation, July 23, 2025
• Accelerated Renewable Energy Growth and Community Benefit Act of 2020
• Renewable Action Through Project Interconnection and Deployment (RAPID) Act of 2024
• DEC's website, for additional details including offsite mitigation options and costs.