Bill Text: NY A03852 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to decisions by the state board on electric generation; requires approval through public referendum prior to certification for establishing a major electric generating facility.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2022-05-11 - held for consideration in energy [A03852 Detail]

Download: New_York-2021-A03852-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3852

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced by M. of A. NORRIS, BYRNES, COLTON, HAWLEY, MORINELLO -- read
          once and referred to the Committee on Energy

        AN  ACT to amend the public service law, in relation to decisions by the
          state board on electric generation; and to repeal  certain  provisions
          of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1 and 7 of section 168 of the  public  service
     2  law, as added by chapter 388 of the laws of 2011, are amended to read as
     3  follows:
     4    1.  The  board  shall  make the final decision on an application under
     5  this article for a certificate or amendment  thereof,  upon  the  record
     6  made  before  the presiding examiner, including any briefs or exceptions
     7  to any recommended decision of such examiner or to  any  report  of  the
     8  associate  examiner,  and  after hearing such oral argument as the board
     9  shall determine. [Except for good cause shown to the satisfaction of the
    10  board, a determination under subdivision five  of  section  one  hundred
    11  sixty-seven  of this article that the applicant's proposal is preferable
    12  to alternatives shall be final. Such a determination shall be subject to
    13  rehearing and review only after the final decision on an application  is
    14  rendered.]  Such  a  determination, before it shall be considered final,
    15  shall be subject to approval through public referendum  by  the  munici-
    16  pality  in which the facility applying to the board is located.  For the
    17  purposes of this subdivision, "municipality" shall mean a city  or  town
    18  located in this state.
    19    7.  Following  [any  rehearing  and any judicial review of the board's
    20  decision] the public referendum, the board's jurisdiction over an appli-
    21  cation shall cease, provided, however, that the  permanent  board  shall
    22  retain jurisdiction with respect to the amendment, suspension or revoca-
    23  tion of a certificate.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01574-01-1
        A. 3852                             2

     1    §  2.  Section  170  of  the  public service law is REPEALED and a new
     2  section 170 is added to read as follows:
     3    §  170.  Certification  by the board; establishment by referendum.  1.
     4  Before the final decision by the board may become effective, a  referen-
     5  dum  must  be  held  upon the question of approving an application for a
     6  certificate establishing a major electric  generating  facility  in  the
     7  municipality  where  the  proposed  facility  intends  to be located and
     8  approved by fifty-one per centum of voters. If a majority of  the  votes
     9  cast are in favor of establishing such a facility, it shall be mandatory
    10  upon  the  board  to  issue  a certificate. Such referendum must be held
    11  within sixty days, but not earlier than thirty days  after  the  board's
    12  decision.  For the purposes of this section, "municipality" shall mean a
    13  city or town located in this state.
    14    2.  Financing  of any expenditure, in whole or in part, shall be drawn
    15  from any monies remaining in the intervener account. Any further financ-
    16  ing of this endeavor shall be financed pursuant  to  alternative  county
    17  government law.
    18    § 3. This act shall take effect immediately.