Bill Text: NY S06857 | 2019-2020 | 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: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S06857 Detail]

Download: New_York-2019-S06857-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6857

                               2019-2020 Regular Sessions

                    IN SENATE

                                    November 18, 2019
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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 county or
    16  district in which the facility applying to the board is located.
    17    7. Following [any rehearing and any judicial  review  of  the  board's
    18  decision] the public referendum, the board's jurisdiction over an appli-
    19  cation  shall  cease,  provided, however, that the permanent board shall
    20  retain jurisdiction with respect to the amendment, suspension or revoca-
    21  tion of a certificate.
    22    § 2. Section 170 of the public service  law  is  REPEALED  and  a  new
    23  section 170 is added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02949-01-9
        S. 6857                             2

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