Bill Text: NY A02365 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to requiring approval through public referendum in the municipality in which a major electric generating facility is intended to be located prior to final determination for a final siting permit.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced) 2024-01-03 - referred to energy [A02365 Detail]
Download: New_York-2023-A02365-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2365 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. NORRIS, BYRNES, HAWLEY, MORINELLO, MANKTELOW -- read once and referred to the Committee on Energy AN ACT to amend the executive law and the public authorities law, in relation to requiring a public referendum to approve a final siting permit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (e) of subdivision 5 of section 94-c of the exec- 2 utive law, as added by section 4 of part JJJ of chapter 58 of the laws 3 of 2020, is amended and a new paragraph (f-1) is added to read as 4 follows: 5 (e) Following the expiration of the public comment period set forth in 6 this subdivision, or following the conclusion of a hearing undertaken 7 pursuant to this subdivision, the office shall, in the case of a public 8 comment period, issue a written summary of public comment and an assess- 9 ment of comments received, and in the case of an adjudicatory hearing, 10 the executive officer or any person to whom the executive director has 11 delegated such authority, shall issue a final written hearing report. A 12 final siting permit may only be issued if the office makes a finding 13 that the proposed project, together with any applicable uniform and 14 site-specific standards and conditions would comply with applicable laws 15 and regulations, and if such final siting permit is approved pursuant to 16 a referendum held in accordance with paragraph (f-1) of this 17 subdivision. In making this determination, the office may elect not to 18 apply, in whole or in part, any local law or ordinance which would 19 otherwise be applicable if it makes a finding that, as applied to the 20 proposed major renewable energy facility, it is unreasonably burdensome 21 in view of the CLCPA targets and the environmental benefits of the 22 proposed major renewable energy facility. 23 (f-1) Notwithstanding any other provision of law to the contrary, 24 before a determination for a final siting permit may be considered EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00604-01-3A. 2365 2 1 final, such permit shall be subject to approval through public referen- 2 dum by the municipality in which the facility applying to the office is 3 intended to be located. Such referendum shall be held upon the question 4 of approving an application for a certificate establishing a major 5 renewable energy facility in the municipality where the proposed facili- 6 ty intends to be located, and approved by fifty-one per centum of 7 voters. Such referendum shall be held within sixty days, but not earli- 8 er than thirty days after the office's decision. For the purposes of 9 this paragraph, "municipality" shall mean a city or town located in this 10 state. 11 § 2. Subdivision 3 of section 1902 of the public authorities law, as 12 added by section 6 of part JJJ of chapter 58 of the laws of 2020, is 13 amended to read as follows: 14 3. Establish procedures and protocols for the purpose of establishment 15 and transfer of build-ready sites which shall include, at a minimum: 16 (a) written notice at the earliest practicable time to a municipality in 17 which a potential build-ready site has been identified; [and] (b) public 18 referendum held in the municipality where a potential build-ready site 19 has been identified, held upon the question of approving a certificate 20 establishing or transferring such build-ready site in such municipality, 21 and approved by fifty-one per centum of voters; and (c) a preliminary 22 screening process to determine, in consultation with the department of 23 environmental conservation, whether the potential build-ready site is 24 located in or near an environmental justice area and whether an environ- 25 mental justice area would be adversely affected by development of a 26 build-ready site; 27 § 3. This act shall take effect immediately; provided, however, that 28 the amendments to section 94-c of the executive law made by section one 29 of this act shall not affect the repeal of such section and shall be 30 deemed to be repealed therewith; and provided further, however, that the 31 amendments to subdivision 3 of section 1902 of the public authorities 32 law made by section two of this act shall not affect the repeal of such 33 section and shall be deemed to be repealed therewith.
