Relates to requiring approval through public referendum in the municipality in which a major electric generating facility is intended to be located prior to final determination for a final siting permit.
STATE OF NEW YORK
________________________________________________________________________
10375
IN ASSEMBLY
May 4, 2020
___________
Introduced by M. of A. NORRIS, HAWLEY, MORINELLO -- read once and
referred to the Committee on Energy
AN ACT to amend the executive law and the public authorities law, in
relation to requiring a public referendum to approve a final siting
permit
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 5 of section 94-c of the exec-
2 utive law, as added by section 4 of part JJJ of chapter 58 of the laws
3 of 2020, is amended and a new paragraph (f-1) is added to read as
4 follows:
5 (e) Following the expiration of the public comment period set forth in
6 this subdivision, or following the conclusion of a hearing undertaken
7 pursuant to this subdivision, the office shall, in the case of a public
8 comment period, issue a written summary of public comment and an assess-
9 ment of comments received, and in the case of an adjudicatory hearing,
10 the executive officer or any person to whom the executive director has
11 delegated such authority, shall issue a final written hearing report. A
12 final siting permit may only be issued if the office makes a finding
13 that the proposed project, together with any applicable uniform and
14 site-specific standards and conditions would comply with applicable laws
15 and regulations, and if such final siting permit is approved pursuant to
16 a referendum held in accordance with paragraph (f-1) of this
17 subdivision. In making this determination, the office may elect not to
18 apply, in whole or in part, any local law or ordinance which would
19 otherwise be applicable if it makes a finding that, as applied to the
20 proposed major renewable energy facility, it is unreasonably burdensome
21 in view of the CLCPA targets and the environmental benefits of the
22 proposed major renewable energy facility.
23 (f-1) Notwithstanding any other provision of law to the contrary,
24 before a determination for a final siting permit may be considered
25 final, such permit shall be subject to approval through public referen-
26 dum by the municipality in which the facility applying to the office is
27 intended to be located. Such referendum shall be held upon the question
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16303-01-0
A. 10375 2
1 of approving an application for a certificate establishing a major
2 renewable energy facility in the municipality where the proposed facili-
3 ty intends to be located, and approved by fifty-one per centum of
4 voters. Such referendum shall be held within sixty days, but not earli-
5 er than thirty days after the office's decision. For the purposes of
6 this paragraph, "municipality" shall mean a city or town located in this
7 state.
8 § 2. Subdivision 3 of section 1902 of the public authorities law, as
9 added by section 6 of part JJJ of chapter 58 of the laws of 2020, is
10 amended to read as follows:
11 3. Establish procedures and protocols for the purpose of establishment
12 and transfer of build-ready sites which shall include, at a minimum:
13 (a) written notice at the earliest practicable time to a municipality in
14 which a potential build-ready site has been identified; [and] (b) public
15 referendum held in the municipality where a potential build-ready site
16 has been identified, held upon the question of approving a certificate
17 establishing or transferring such build-ready site in such municipality,
18 and approved by fifty-one per centum of voters; and (c) a preliminary
19 screening process to determine, in consultation with the department of
20 environmental conservation, whether the potential build-ready site is
21 located in or near an environmental justice area and whether an environ-
22 mental justice area would be adversely affected by development of a
23 build-ready site;
24 § 3. This act shall take effect immediately; provided, however, that
25 the amendments to section 94-c of the executive law made by section one
26 of this act shall not affect the repeal of such section and shall be
27 deemed to be repealed therewith; and provided further, however, that the
28 amendments to subdivision 3 of section 1902 of the public authorities
29 law made by section two of this act shall not affect the repeal of such
30 section and shall be deemed to be repealed therewith.