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Assembly Bill A10277A

2017-2018 Legislative Session

Relates to certifying the construction or operation of certain facilities depending on environmental and public health concerns

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2017-A10277 - Details

Current Committee:
Assembly Rules
Law Section:
Public Service Law
Laws Affected:
Amd §168, Pub Serv L

2017-A10277 - Summary

Relates to certifying the construction or operation of certain facilities depending on environmental and public health concerns.

2017-A10277 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10277
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced  by  M. of A. CUSICK, LIFTON -- read once and referred to the
   Committee on Energy
 
 AN ACT to amend the public service law, in relation to excluding garbage
   incinerators from the types of facilities eligible to use an expedited
   power plant siting process
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs (c) and (d) of subdivision 4 of section 162 of
 the public service law, as added by chapter 388 of the laws of 2011, are
 amended and a new paragraph (e) is added to read as follows:
   (c) To a major electric generating facility (i) constructed  on  lands
 dedicated  to  industrial  uses,  (ii) the output of which shall be used
 solely for industrial purposes, on the premises, and (iii) the  generat-
 ing  capacity  of  which does not exceed two hundred thousand kilowatts;
 [or]
   (d) To a major electric generating  facility  if,  on  or  before  the
 effective date of the rules and regulations promulgated pursuant to this
 article  and  section  19-0312 of the environmental conservation law, an
 application has been made for a license, permit, certificate, consent or
 approval from any federal, state or local commission, agency,  board  or
 regulatory body, in which application the location of the major electric
 generating  facility  has  been  designated  by the applicant; or if the
 facility is under construction at such time[.]; OR
   (E) TO A MAJOR ELECTRIC GENERATING FACILITY WHICH GENERATES  ELECTRIC-
 ITY  FROM  THE  COMBUSTION,  GASIFICATION OR PYROLYSIS OF SOLID WASTE OR
 FROM FUEL DERIVED FROM SOLID WASTE.
   § 2. This act shall  take  effect  immediately,  and  shall  apply  to
 proposed  facilities  or facilities for which a certificate has not been
 issued by the New York state board on electric generation siting and the
 environment pursuant to section 162 of the public service law,  notwith-
 standing  any  pre-application  or  application  processes  pursuant  to
 section 163 of the public service law,  or  any  other  precertification
 actions, reviews, or decisions by such siting board.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2017-A10277A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Public Service Law
Laws Affected:
Amd §168, Pub Serv L

2017-A10277A (ACTIVE) - Summary

Relates to certifying the construction or operation of certain facilities depending on environmental and public health concerns.

2017-A10277A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10277--A
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced  by M. of A. CUSICK, LIFTON, PALMESANO, KOLB, STECK, LUPARDO,
   ENGLEBRIGHT, THIELE -- Multi-Sponsored by -- M. of A. LENTOL  --  read
   once  and referred to the Committee on Energy -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend the public service law, in relation to certifying the
   construction or operation of certain facilities depending on  environ-
   mental and public health concerns
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 3 of section 168 of the public
 service law, as added by chapter 388 of the laws of 2011, is amended and
 a new paragraph (f) is added to read as follows:
   (e) the facility is designed to operate in compliance with  applicable
 state and local laws and regulations issued thereunder concerning, among
 other  matters,  the environment, public health and safety, all of which
 shall be binding upon the applicant, except that the board may elect not
 to apply, in whole or in part, any local ordinance, law,  resolution  or
 other  action  or any regulation issued thereunder or any local standard
 or requirement, including, but not limited to,  those  relating  to  the
 interconnection to and use of water, electric, sewer, telecommunication,
 fuel  and  steam lines in public rights of way, which would be otherwise
 applicable if it finds that, as applied to the proposed  facility,  such
 is  unreasonably  burdensome  in  view of the existing technology or the
 needs of or costs to ratepayers whether located  inside  or  outside  of
 such  municipality. The board shall provide the municipality an opportu-
 nity to present evidence in support of such ordinance, law,  resolution,
 regulation or other local action issued thereunder[.]; AND
   (F)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVI-
 SION, A FACILITY WHICH GENERATES ELECTRICITY FROM THE COMBUSTION,  GASI-
 FICATION  OR  PYROLYSIS  OF  SOLID WASTE OR FROM FUEL DERIVED FROM SOLID
 WASTE IS IN COMPLIANCE WITH APPLICABLE STATE AND LOCAL  LAWS  AND  REGU-
 LATIONS  ISSUED THEREUNDER CONCERNING, AMONG OTHER MATTERS, THE ENVIRON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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