A03340 Summary:

BILL NOA03340A
 
SAME ASNo Same As
 
SPONSORNorris
 
COSPNSRMorinello, D'Urso, Colton, Lawrence, Crouch, Byrnes, Hawley
 
MLTSPNSR
 
Amd 168, rpld & add 170, Pub Serv L
 
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.
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A03340 Actions:

BILL NOA03340A
 
01/29/2019referred to energy
01/08/2020referred to energy
01/21/2020amend and recommit to energy
01/21/2020print number 3340a
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A03340 Committee Votes:

ENERGY Chair:Cusick DATE:06/05/2019AYE/NAY:12/5 Action: Held for Consideration
CusickAyePalmesanoNay
EnglebrightAyeBlankenbushNay
CrespoAyeSmithNay
SimotasAyeWalczykNay
SantabarbaraNay
BarronAye
WalkerAye
DilanAye
HunterAye
WallaceAye
SternAye
RozicAye
SayeghAye

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A03340 Floor Votes:

There are no votes for this bill in this legislative session.
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A03340 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3340A
 
SPONSOR: Norris
  TITLE OF BILL: 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   SUMMARY OF PROVISIONS: Section 1: Amends Subdivisions 1 and 7 of section 168 of the public service law, as added by chapter 388 of the laws of 2011.Section 2: Section 170 of the public service law is REPEALED and a new 23 section 170 is added to include:Before the final decision by the board may become effective, a referendum must be held upon the question of approv- ing an application for a certificate establishing a major electric generating facility in the municipality where the proposed facility intends to be located and approved by fifty-one per centum of voters.Section 3: Effective Date   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Municipality is clearly defined in new bill as town or city.   JUSTIFICATION: Article 10 of New York State Public Service Law acts as the benchmark review process in considering applications to construct and operate electric generating facilities. Most new major electrical generating proposals will fall in this classification and are subject to the Arti- cle 10 process in order to construct a facility and distribute power regionally.The concerns regarding Article 10 and the siting process of major electrical facilities, at least thus far, do not revolve around New York State's investment in green/renewable energy or long term goals to increase our green energy capacity for a brighter economic outlook and healthier environment. There appears to be widespread consent that our state must invest in a diverse energy portfolio.While green energy and technology continue to see advancement in civic application, we must not rush the process and continue to support traditional energy in addi- tion to the innovation of tomorrow's new energy sources.The issues that are of greatest immediate concern in determining where a new electric generating facility can be placed, rests with the process and current lack of community input and control. This amendment offers a solution to the most apparent issues circling the Article 10 process.There are real- istic and achievable amendments that can be made to the Article 10 Siting Process that will still adhere to the original intent of the legislation, but will allow for more community input, protect municipal "home rule," and by doing so, prevent an Albany appointed board from ignoring the wishes of local communities. This legislation would guaran- tee that no decision regarding the placement of an electrical generating facility in New York State can be approved or denied without the consent of the host community. This proposal would institute a public referen- dum, or vote, on the approval of an electric generating project. Follow- ing the final decision made by the Siting Board, the public would have the opportunity to vote in a similar manner as they do on election propositions. If an application receives a majority of "yes" votes, then the board must grant the applicant a certificate. If the application receives less than a majority in favor, the application must be denied. This proposal literally gives the community the opportunity to decide on whether or not to host an electrical generating facility.The public would have the same involvement as in the original Article 10 process which includes access to the scoping statement and application detail, in addition to the opportunity to submit public comment. With this proposal instituted, however, the public can take that information and make a determination on what is most appropriate for their community.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: Immediately.
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A03340 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3340--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  NORRIS, MORINELLO, D'URSO, COLTON, LAWRENCE,
          CROUCH, BYRNES -- read once and referred to the Committee on Energy --
          recommitted to the Committee on Energy  in  accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02949-04-0

        A. 3340--A                          2
 
     1  retain jurisdiction with respect to the amendment, suspension or revoca-
     2  tion of a certificate.
     3    §  2.  Section  170  of  the  public service law is REPEALED and a new
     4  section 170 is added to read as follows:
     5    § 170. Certification by the board; establishment by  referendum.    1.
     6  Before  the final decision by the board may become effective, a referen-
     7  dum must be held upon the question of approving  an  application  for  a
     8  certificate  establishing  a  major  electric generating facility in the
     9  municipality where the proposed  facility  intends  to  be  located  and
    10  approved  by  fifty-one per centum of voters. If a majority of the votes
    11  cast are in favor of establishing such a facility, it shall be mandatory
    12  upon the board to issue a certificate.  Such  referendum  must  be  held
    13  within  sixty  days,  but not earlier than thirty days after the board's
    14  decision.  For the purposes of this section, "municipality" shall mean a
    15  city or town located in this state.
    16    2. Financing of any expenditure, in whole or in part, shall  be  drawn
    17  from any monies remaining in the intervener account. Any further financ-
    18  ing  of  this  endeavor shall be financed pursuant to alternative county
    19  government law.
    20    § 3. This act shall take effect immediately.
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