Senate Bill S6261

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6261

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to amend the public service law, in relation to siting of major
  electric generating facilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 172 of the public service law, as added by chapter
388 of the laws of 2011, is amended to read as follows:
  S 172. Powers of municipalities and state agencies. 1. Notwithstanding
any other provision of law, EXCEPT AS PROVIDED IN SUBDIVISION  THREE  OF
THIS  SECTION,  no state agency, municipality or any agency thereof may,
except as expressly authorized under this article by the board,  require
any  approval,  consent,  permit, certificate or other condition for the
construction or operation of a major electric generating  facility  with
respect  to  which  an  application for a certificate hereunder has been
filed, including pursuant to  paragraph  (e)  of  subdivision  three  of
section  one  hundred  sixty-eight  of  this article, any such approval,
consent, permit, certificate or  condition  relating  to  the  intercon-
nection to or use of water, electric, sewer, telecommunication, fuel and
steam  lines  in  public rights of way, provided that this article shall
not impair or abrogate any federal, state or local  labor  laws  or  any
otherwise  applicable  state law for the protection of employees engaged
in the construction and operation of such facility;  provided,  however,
that  in  the  case of a municipality or an agency thereof, such munici-
pality has received notice of the filing of  the  application  therefor;
and  provided  further,  however,  that  the department of environmental
conservation shall be the permitting agency for permits issued  pursuant
to  federally  delegated  or  approved authority under the federal Clean
Water Act, the federal Clean Air Act and the federal Resource  Conserva-
tion  and  Recovery  Act.  In  issuing such permits, the commissioner of
environmental conservation shall follow procedures established  in  this
article  to the extent that they are consistent with federally delegated

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13252-01-5

S. 6261                             2

or approved environmental  permitting  authority.  The  commissioner  of
environmental conservation shall provide such permits to the board prior
to its determination whether or not to issue a certificate. The issuance
by the department of environmental conservation of such permits shall in
no  way  interfere  with  the required review by the board of the antic-
ipated environmental and health impacts relating to the construction and
operation of the facility as proposed,  or  its  authority  to  deny  an
application  for  certification  pursuant  to section one hundred sixty-
eight of this article, and, in the event of  such  a  denial,  any  such
permits shall be deemed null and void.
  2.  The  Adirondack  park  agency shall not hold public hearings for a
major electric generating facility with respect to which an  application
hereunder is filed, provided that such agency has received notice of the
filing of such application.
  3.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
AND ANY OTHER PROVISION OF THIS ARTICLE, AN APPLICANT FOR A  CERTIFICATE
UNDER  THIS ARTICLE SHALL BE REQUIRED TO PREPARE AN ENVIRONMENTAL IMPACT
STATEMENT IN ACCORDANCE WITH ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSER-
VATION LAW. SUCH ENVIRONMENTAL IMPACT STATEMENT SHALL BE REVIEWED BY THE
BOARD PRIOR TO THE ISSUANCE OF A CERTIFICATE UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately.