BILL NUMBER: S1312

SPONSOR: ORTT
 
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Section 2: Section 170 of the public service law is REPEALED and a new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 approving an application for a certificate establishing a major elec-
tric generating facility in the district or county where the proposed
facility intends to be located and approved by fifty-one per centum of
voters.

Section 3: Effective Date
              

 
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 elec-
trical 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 addition
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 realistic 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 guarantee that no decision regarding the placement of an. lectri-
cal generating facility in New York State can be approved or denied
without the consent of the host community. This proposal would institute
a public referendum, or vote, on the approval of an electric generating
project. Following 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 communi-
ty.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S. 3655 Referred to Energy and Telecommunications

2019-2020: Referred to Energy and Telecommunications

2019-2020:  Referred to Rules New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.