Bill Text: NY A06070 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to allowing for municipal enforcement of the New York state uniform fire prevention and building code and to the disbursement of intervenor funds under the major renewable energy development program; add compliance filings as a basis for receiving intervenor funds; provides reimbursement for pre-application activities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A06070 Detail]
Download: New_York-2023-A06070-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6070 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. CUNNINGHAM -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to allowing for municipal enforcement of the New York state uniform fire prevention and building code and to the disbursement of intervenor funds under the major renewable energy development program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 94-c of the executive law is 2 amended by adding a new paragraph (d) to read as follows: 3 (d) This section shall not impair or abrogate municipal enforcement of 4 the New York state uniform fire prevention and building code under 5 section three hundred eighty-one of this chapter. 6 § 2. Paragraph (a) of subdivision 7 of section 94-c of the executive 7 law, as added by section 4 of part JJJ of chapter 58 of the laws of 8 2020, is amended to read as follows: 9 (a) Each application for a siting permit shall be accompanied by a fee 10 in an amount equal to one thousand dollars for each thousand kilowatts 11 of capacity of the proposed major renewable energy facility, to be 12 deposited in an account to be known as the local agency account estab- 13 lished for the benefit of local agencies and community intervenors by 14 the New York state energy research and development authority and main- 15 tained in a segregated account in the custody of the commissioner of 16 taxation and finance. The office may update the fee periodically solely 17 to account for inflation. The proceeds of such account shall be 18 disbursed by the office, in accordance with eligibility and procedures 19 established by the rules and regulations promulgated by the office 20 pursuant to this section, for the participation of local agencies and 21 community intervenors in public comment periods [or], hearing 22 procedures, and compliance filings established by this section, includ- 23 ing the rules and regulations promulgated hereto; provided that fees EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06622-01-3A. 6070 2 1 must be disbursed for municipalities, political subdivisions or an agen- 2 cy thereof, to determine whether a proposed facility is designed to be 3 sited, constructed and operated in compliance with the applicable local 4 laws and regulations. Such proceeds may also be disbursed to reimburse 5 any expenses incurred in connection with pre-application activities 6 occurring no earlier than ninety days prior to the submission of such 7 application to the office. Expenses eligible for reimbursement shall 8 include, but are not limited to, expert witness, consultant, administra- 9 tive and legal fees. For the avoidance of doubt, any proceeds disbursed 10 pursuant to this paragraph shall not be used in connection with judicial 11 review or litigation. 12 § 3. This act shall take effect immediately; and provided, however, 13 that the amendments to section 94-c of the executive law made by 14 sections one and two of this act shall not affect the repeal of such 15 section and shall be deemed repealed therewith.
