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; adds compliance filings as a basis for receiving intervenor funds; provides reimbursement for pre-application activities.
STATE OF NEW YORK
________________________________________________________________________
4508
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the public service 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. Section 144 of the public service law is amended by adding
2 a new subdivision 5 to read as follows:
3 5. This article 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 the executive law.
6 § 2. Subdivision 2 of section 145 of the public service law, as added
7 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
8 read as follows:
9 2. Such fee is to be deposited in an account to be known as the local
10 agency account established by subdivision seven of former section nine-
11 ty-four-c of the executive law for the benefit of local agencies and
12 community intervenors by the New York state energy research and develop-
13 ment authority and maintained in a segregated account in the custody of
14 the commissioner of taxation and finance. ORES, in consultation with the
15 department, may update the fee periodically solely to account for
16 inflation. The proceeds of such account shall be disbursed by the office
17 of renewable energy siting and electric transmissions, in accordance
18 with eligibility and procedures established by the rules and regulations
19 promulgated by ORES or the department pursuant to this article or in
20 effect as of the effective date of this article, for the participation
21 of local agencies and community intervenors in public comment periods
22 [or], hearing procedures, and compliance filings established by this
23 article, including the rules and regulations promulgated hereto;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08035-01-5
A. 4508 2
1 provided that fees must be disbursed for municipalities, political
2 subdivisions or an agency thereof, to determine whether a proposed
3 project is designed to be sited, constructed and operated in compliance
4 with the applicable local laws and regulations. Such proceeds may also
5 be disbursed to reimburse any expenses incurred in connection with pre-
6 application activities occurring no earlier than ninety days prior to
7 the submission of such application to the office. Expenses eligible for
8 reimbursement shall include, but are not limited to, expert witness,
9 consultant, administrative and legal fees. For the avoidance of doubt,
10 any proceeds disbursed pursuant to this subdivision shall not be used in
11 connection with judicial review or litigation.
12 § 3. This act shall take effect immediately; and provided, however,
13 that the amendments to sections 144 and 145 of the public service law
14 made by sections one and two of this act shall not affect the repeal of
15 such sections and shall be deemed repealed therewith.
