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.
STATE OF NEW YORK
________________________________________________________________________
1312
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
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 munici-
16 pality in which the facility applying to the board is located. For the
17 purposes of this subdivision, "municipality" shall mean a city or town
18 located in this state.
19 7. Following [any rehearing and any judicial review of the board's
20 decision] the public referendum, the board's jurisdiction over an appli-
21 cation shall cease, provided, however, that the permanent board shall
22 retain jurisdiction with respect to the amendment, suspension or revoca-
23 tion of a certificate.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00584-01-3
S. 1312 2
1 § 2. Section 170 of the public service law is REPEALED and a new
2 section 170 is added to read as follows:
3 § 170. Certification by the board; establishment by referendum. 1.
4 Before the final decision by the board may become effective, a referen-
5 dum must be held upon the question of approving an application for a
6 certificate establishing a major electric generating facility in the
7 municipality where the proposed facility intends to be located and
8 approved by fifty-one per centum of voters. If a majority of the votes
9 cast are in favor of establishing such a facility, it shall be mandatory
10 upon the board to issue a certificate. Such referendum must be held
11 within sixty days, but not earlier than thirty days after the board's
12 decision. For the purposes of this section, "municipality" shall mean a
13 city or town located in this state.
14 2. Financing of any expenditure, in whole or in part, shall be drawn
15 from any monies remaining in the intervener account. Any further financ-
16 ing of this endeavor shall be financed pursuant to alternative county
17 government law.
18 § 3. This act shall take effect immediately.
