STATE OF NEW YORK
________________________________________________________________________
10277--A
IN ASSEMBLY
April 10, 2018
___________
Introduced by M. of A. CUSICK, LIFTON, PALMESANO, KOLB, STECK, LUPARDO,
ENGLEBRIGHT, THIELE -- Multi-Sponsored by -- M. of A. LENTOL -- read
once and referred to the Committee on Energy -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public service law, in relation to certifying the
construction or operation of certain facilities depending on environ-
mental and public health concerns
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 3 of section 168 of the public
2 service law, as added by chapter 388 of the laws of 2011, is amended and
3 a new paragraph (f) is added to read as follows:
4 (e) the facility is designed to operate in compliance with applicable
5 state and local laws and regulations issued thereunder concerning, among
6 other matters, the environment, public health and safety, all of which
7 shall be binding upon the applicant, except that the board may elect not
8 to apply, in whole or in part, any local ordinance, law, resolution or
9 other action or any regulation issued thereunder or any local standard
10 or requirement, including, but not limited to, those relating to the
11 interconnection to and use of water, electric, sewer, telecommunication,
12 fuel and steam lines in public rights of way, which would be otherwise
13 applicable if it finds that, as applied to the proposed facility, such
14 is unreasonably burdensome in view of the existing technology or the
15 needs of or costs to ratepayers whether located inside or outside of
16 such municipality. The board shall provide the municipality an opportu-
17 nity to present evidence in support of such ordinance, law, resolution,
18 regulation or other local action issued thereunder[.]; and
19 (f) notwithstanding the provisions of paragraph (e) of this subdivi-
20 sion, a facility which generates electricity from the combustion, gasi-
21 fication or pyrolysis of solid waste or from fuel derived from solid
22 waste is in compliance with applicable state and local laws and regu-
23 lations issued thereunder concerning, among other matters, the environ-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14900-06-8
A. 10277--A 2
1 ment, public health and safety, all of which shall be binding upon the
2 applicant.
3 § 2. This act shall take effect immediately, and shall apply to
4 proposed facilities or facilities for which a certificate has not been
5 issued by the New York state board on electric generation siting and the
6 environment pursuant to section 162 of the public service law, notwith-
7 standing any pre-application or application processes pursuant to
8 section 163 of the public service law, or any other precertification
9 actions, reviews, or decisions by such siting board.
