S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3168
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Energy
 
 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:
 
   Section 1. Subdivisions 1 and 7 of section 168 of the  public  service
 law, as added by chapter 388 of the laws of 2011, are amended to read as
 follows:
   1.  The  board  shall  make the final decision on an application under
 this article for a certificate or amendment  thereof,  upon  the  record
 made  before  the presiding examiner, including any briefs or exceptions
 to any recommended decision of such examiner or to  any  report  of  the
 associate  examiner,  and  after hearing such oral argument as the board
 shall determine. [Except for good cause shown to the satisfaction of the
 board, a determination under subdivision five  of  section  one  hundred
 sixty-seven  of this article that the applicant's proposal is preferable
 to alternatives shall be final. Such a determination shall be subject to
 rehearing and review only after the final decision on an application  is
 rendered.]  SUCH  A  DETERMINATION, BEFORE IT SHALL BE CONSIDERED FINAL,
 SHALL BE SUBJECT TO APPROVAL THROUGH PUBLIC REFERENDUM BY THE COUNTY  OR
 DISTRICT IN WHICH THE FACILITY APPLYING TO THE BOARD IS LOCATED.
   7.  Following  [any  rehearing  and any judicial review of the board's
 decision] THE PUBLIC REFERENDUM, the board's jurisdiction over an appli-
 cation shall cease, provided, however, that the  permanent  board  shall
 retain jurisdiction with respect to the amendment, suspension or revoca-
 tion of a certificate.
   §  2.  Section  170  of  the  public service law is REPEALED and a new
 section 170 is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07997-01-7
              

 A. 3168                             2
 
   § 170. CERTIFICATION BY THE BOARD; ESTABLISHMENT BY  REFERENDUM.    1.
 BEFORE  THE FINAL DECISION BY THE BOARD MAY BECOME EFFECTIVE, A REFEREN-
 DUM MUST BE HELD UPON THE QUESTION OF APPROVING  AN  APPLICATION  FOR  A
 CERTIFICATE  ESTABLISHING  A  MAJOR  ELECTRIC GENERATING FACILITY IN THE
 DISTRICT OR COUNTY WHERE THE PROPOSED FACILITY INTENDS TO BE LOCATED AND
 APPROVED  BY  FIFTY-ONE PER CENTUM OF VOTERS. IF A MAJORITY OF THE VOTES
 CAST ARE IN FAVOR OF ESTABLISHING SUCH A FACILITY, IT SHALL BE MANDATORY
 UPON THE BOARD TO ISSUE A CERTIFICATE.  SUCH  REFERENDUM  MUST  BE  HELD
 WITHIN  SIXTY  DAYS,  BUT NOT EARLIER THAN THIRTY DAYS AFTER THE BOARD'S
 DECISION.
   2. FINANCING OF ANY EXPENDITURE, IN WHOLE OR IN PART, SHALL  BE  DRAWN
 FROM ANY MONIES REMAINING IN THE INTERVENER ACCOUNT. ANY FURTHER FINANC-
 ING  OF  THIS  ENDEAVOR SHALL BE FINANCED PURSUANT TO ALTERNATIVE COUNTY
 GOVERNMENT LAW.
   § 3. This act shall take effect immediately.