NY Chapter Opposes Senate Bill S4408

The New York Chapter of Backcountry Hunters & Anglers opposes New York Senate Bill S4408 as written. The bill would allow leases or easements on state reforestation lands for renewable energy infrastructure and related electric transmission and distribution. While supporting clean energy is essential, this proposal puts the wrong development in the wrong place. These lands were set aside to grow forests, protect habitat and watersheds, and provide public recreation, including hunting, fishing, and trapping.

Our concern is not with clean energy itself, but S4408 allows industrial development on conserved public land without strong, enforceable limits. Large ground-mounted solar projects are typically fenced, which will cut off or reduce public access, break up wildlife movement, and fragment habitat. NYSERDA’s own model solar law notes that large-scale solar arrays require fencing, and state solar permitting materials recognize that habitat clearing and fragmentation of wildlife corridors can harm long-term population health.

The bill states these projects cannot interfere with the purposes for which the land was acquired, but in practice it is vague and hard to enforce. It does not clearly define what counts as interference and it does not guarantee no net loss of hunting and fishing access. It does not set firm limits on habitat disruption, road building, corridors, or long-term land conversion. That leaves too much room for damage to be argued over after the fact instead of prevented up front.

UPDATE 4/3/26

New York Chapter dropped off a Memorandum of Opposition to Bills S4408 and A10483 on Wednesday April 1st, 2026. Due to the Action Alert the NY Chapter employed, S4408 was halted at the Environmetal Conservation Committee of the Assembly.  While at the capitol on the 1st of April, Senate Bill S4408 was amended to Senate Bill S4408A. The new language reads

"Section 1. The environmental conservation law is amended by  adding  a
 new section 9-0508 to read as follows:
 § 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.
   § 2. This act shall take effect immediately."

Assembly Bill A10384A also has been amended to reflect the new language of the bill. 

Although these bills now longer allow siting of renewable energy sources directly on state reforestation lands, it still allows for the transmission and distribution of electricity. The language that this transmission and distribution cannot interfere with the operation of the reforestation areas is reassuring however overhead or buried powerlines crossing these lands still can pose issues.

NY Chapter would like to see the following in this bill:

• Prohibit any net loss of public access for hunting, fishing, trapping, and general outdoor recreation
• Prohibit permanent habitat fragmentation inconsistent with the land's acquired purpose
• Require parcel-specific review, public transparency, and clear findings before any agreement is approved
• Prioritize already disturbed and degraded areas, not reforestation lands intended for wildlife and habitat conservation

 

 

Any questions on this or any New York Chapter news please contact newyork@backcountryhunters.org