A10277 Summary:

COSPNSRLifton, Palmesano, Kolb, Steck, Lupardo, Englebright, Thiele, Pellegrino, Glick, Rosenthal L
Amd §168, Pub Serv L
Relates to certifying the construction or operation of certain facilities depending on environmental and public health concerns.
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A10277 Actions:

04/10/2018referred to energy
06/05/2018amend (t) and recommit to energy
06/05/2018print number 10277a
06/07/2018reported referred to rules
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A10277 Committee Votes:

ENERGY Chair:Cusick DATE:06/07/2018AYE/NAY:16/1 Action: Favorable refer to committee Rules

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A10277 Floor Votes:

There are no votes for this bill in this legislative session.
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A10277 Text:

                STATE OF NEW YORK
                   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
        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.

        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.
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