NY State Senate Bill 2017-S7784A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 30, 2018	advanced to third reading
May 22, 2018	2nd report cal.
May 16, 2018	1st report cal.1292
Mar 27, 2018	print number 7784a
Mar 27, 2018	amend and recommit to energy and telecommunications
Feb 23, 2018	referred to energy and telecommunications

Votes

- May 16, 2018 - Energy And Telecommunications Committee Vote
  S7784A
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Energy And Telecommunications Committee Vote: May 16, 2018
      
      aye (7)
      
      Comrie
      
      Griffo
      
      Kennedy
      
      Little
      
      O'Mara
      
      Ortt
      
      Ritchie
      
      aye wr (3)
      
      Dilan
      
      Parker
      
      Peralta
      
      excused (1)
      
      Croci

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S7784 - Details

See Assembly Version of this Bill:: A10397
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§160 & 161, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1435, A5236
2021-2022: S2672

2017-S7784 - Summary

Provides that the United States department of defense may appoint an eighth ad hoc member to the New York state board on electric generation siting and the environment, if a proposed electric generating facility is within seventy-five miles of an in-state military base.

2017-S7784 - Sponsor Memo

                                
 
BILL NUMBER: S7784

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the public service law, in relation to
the siting of major electric generating facilities

 
PURPOSE:

This bill statutorily establishes the ability of the Department of
Defense to assign an ad hoc, non-voting, member to any Article 10 Siting
Board convened, when the proposed siting location is within 75 miles of
an in-state military base.

 
SUMMARY OF PROVISIONS:

Sections One and Two amend the public service law, by establishing in
statute, that the Department of Defense has the ability to assign an
ad-hoc, non-voting member to the Siting Board, when a proposed elec-
trical generating facility is to be located within seventy-five miles of
an in-state military base.

Section Three provides that this act shall take effect immediately and
shall apply to all applications for a certificate filed on or after such
date.

 
JUSTIFICATION:

The siting of major electric generating facilities near military bases
presents unique pressures to the future viability of our in-state mili-
tary bases. Often times, these pressures related to future viability can
be addressed through minor variations to the siting plan. However, when
Department of Defense is not consulted, the Siting Board has no means of
knowing that these pressures and simple solutions even exist. This bill
allows the Department of Defense to assign a non-voting member to the
Siting Board when facility is proposed within a seventy-five mile radius
of a base.

This legislation does not prevent the siting of electric generating
facility, nor does it give Department of Defense voting representation
on the board. Rather, this proposal would statutorily establish the
right of Department of Defense to appoint a non-voting member to assist
the Board in analyzing the potential impact that such a siting could
have on the future viability of the base, and to identify possible
solutions to any concerns surrounding viability.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately, and shall apply to all applica-
tions for a certificate filed on or after such a date.

2017-S7784 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7784
 
                             I N  S E N A T E
 
                             February 23, 2018
                                ___________
 
 Introduced  by  Sens.  RITCHIE,  CROCI,  ORTT  -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and Telecommunications
 
 AN  ACT  to  amend  the public service law, in relation to the 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. Subdivision 4 of section 160 of the public service law, as
 added by chapter 388 of the laws of 2011, is amended to read as follows:
   4. "Board" means the New  York  state  board  on  electric  generation
 siting and the environment, which shall be in the department and consist
 of  seven persons: the chair of the department, who shall serve as chair
 of the  board;  the  commissioner  of  environmental  conservation;  the
 commissioner  of health; the chair of the New York state energy research
 and development authority; the commissioner of economic development  and
 two  ad hoc public members, both of whom shall reside within the munici-
 pality in which the facility is proposed to be located, except  if  such
 facility is proposed to be located within the city of New York, then all
 ad  hoc  members shall reside within the community district in which the
 facility is proposed to be located. One ad hoc member shall be appointed
 by the president pro tem of the senate and one ad hoc  member  shall  be
 appointed by the speaker of the assembly, in accordance with subdivision
 two of section one hundred sixty-one of this article. The term of the ad
 hoc public members shall continue until a final determination is made in
 the  particular  proceeding  for  which  they were appointed.   PROVIDED
 HOWEVER, IF A PROPOSED FACILITY IS TO  BE  LOCATED  WITHIN  SEVENTY-FIVE
 MILES  OF  AN  IN-STATE  MILITARY  BASE, THE UNITES STATES DEPARTMENT OF
 DEFENSE MAY APPOINT AN EIGHTH AD HOC MEMBER WHOSE  TERM  SHALL  CONTINUE
 UNTIL  A  FINAL  DETERMINATION  IS MADE IN THE PARTICULAR PROCEEDING FOR
 WHICH THEY WERE APPOINTED.
   § 2. Subdivision 2 of section 161 of the public service law, as  added
 by chapter 388 of the laws of 2011, is amended to read as follows:
   2.  Upon  receipt  of  a pre-application preliminary scoping statement
 under this article, the chair shall promptly notify  the  governor,  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13665-02-7

 S. 7784                             2
 
 president  pro tem of the senate, the speaker of the assembly, the chief
 executive officers representing the municipality and the county in which
 the facility is proposed  to  be  located,  and,  if  such  facility  is
 proposed  to  be  located  within the city of New York, the mayor of the
 city of New York, as well as the chairperson of the community board  and
 the  borough  president  representing  the area in which the facility is
 proposed to be located AND IF THE PROPOSED FACILITY  IS  TO  BE  LOCATED
 WITHIN  SEVENTY-FIVE  MILES  OF  AN  IN-STATE  MILITARY BASE, THE UNITED
 STATES DEPARTMENT OF DEFENSE.  One ad hoc member shall be  appointed  by
 the  president  pro  tem  of  the  senate and one ad hoc member shall be
 appointed by the speaker of the  assembly  from  a  list  of  candidates
 submitted to them, in the following manner. If such facility is proposed
 to be located outside of the city of New York, the chief executive offi-
 cer representing the municipality shall nominate four candidates and the
 chief  executive  officer  representing  the  county shall nominate four
 candidates for consideration. If such facility is proposed to be located
 outside of the city of New York and in a village located within a  town,
 the  chief  executive  officer representing the town shall nominate four
 candidates, the chief executive officer representing  the  county  shall
 nominate  four  candidates, and the chief executive officer representing
 the village shall nominate four candidates for  consideration.  If  such
 facility  is  proposed to be located in the city of New York, the chair-
 person of the community board, the borough president, and the  mayor  of
 the  city  of New York shall each nominate four candidates for consider-
 ation. Nominations shall be submitted to the president pro  tem  of  the
 senate and the speaker of the assembly within fifteen days of receipt of
 notification  of  the  pre-application preliminary scoping statement. In
 the event that the president pro tem of the senate does not appoint  one
 of  the  candidates within thirty days of such nominations, the governor
 shall appoint the ad hoc member from the list of  candidates.    In  the
 event  that  the  speaker  of  the  assembly does not appoint one of the
 candidates within thirty days of such nominations,  the  governor  shall
 appoint  the ad hoc member from the list of candidates.  WHEN APPLICABLE
 THE UNITED STATES DEPARTMENT OF DEFENSE MAY APPOINT AN AD HOC MEMBER. IN
 THE EVENT THAT THE UNITED STATES DEPARTMENT OF DEFENSE DOES NOT  APPOINT
 A  MEMBER  WITHIN  FORTY-FIVE  DAYS  OF  NOTIFICATION  PURSUANT  TO THIS
 SECTION, THEIR RIGHT TO DO SO SHALL BE DEEMED WAIVED. In the event  that
 one  or [both] MORE of the ad hoc public members have not been appointed
 within forty-five days, a majority of persons named to the  board  shall
 constitute a quorum.
   §  3.  This  act shall take effect immediately, and shall apply to all
 applications for a certificate filed on or after such date.

co-Sponsors

View additional co-sponsors

2017-S7784A (ACTIVE) - Details

See Assembly Version of this Bill:: A10397
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§160 & 161, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1435, A5236
2021-2022: S2672

2017-S7784A (ACTIVE) - Summary

2017-S7784A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7784A

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the public service law, in relation to
the siting of major electric generating facilities

 
PURPOSE:

This bill statutorily establishes the ability of the Department of
Defense to assign an ad hoc, nonvoting, member to any Article 10 Siting
Board convened, when the proposed siting location is within 75 miles of
an in-state military base.

 
SUMMARY OF PROVISIONS:

Sections One and Two amend the public service law, by establishing in
statute, that the Department of Defense has the ability to assign an
ad-hoc, non-voting member to the Siting Board, when a proposed elec-
trical generating facility is to be located within seventy-five miles of
an in-state military base.

Section Three provides that this act shall take effect immediately and
shall apply to all applications for a certificate filed on or after such
date.

 
JUSTIFICATION:

The siting of major electric generating facilities near military bases
presents unique pressures to the future viability of our in-state mili-
tary bases. Often times, these pressures related to future viability can
be addressed through minor variations to the siting plan. However, when
Department of Defense and the local commander are not consulted, the
Siting Board has no means of knowing that these pressures and simple
solutions even exist. This bill allows the Department of Defense to
assign a non-voting member to the Siting Board when facility is proposed
within a seventy-five mile radius of a base.

This legislation does not prevent the siting of electric generating
facility, nor does it give Department of Defense voting representation
on the board. Rather, this proposal would statutorily establish the
right of Department of Defense to appoint a non-voting member to assist
the Board in analyzing the potential impact that such a siting could
have on the future viability of the base, and to identify possible
solutions to any concerns surrounding viability.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately, and shall apply to all applica-
tions for a certificate filed on or after such a date.

2017-S7784A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7784--A
 
                             I N  S E N A T E
 
                             February 23, 2018
                                ___________
 
 Introduced  by  Sens.  RITCHIE,  CROCI,  ORTT,  AKSHAR,  BOYLE, HELMING,
   LARKIN, MARCHIONE, RANZENHOFER,  ROBACH,  SAVINO  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Energy and Telecommunications -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the public service law, in relation to the 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. Subdivision 4 of section 160 of the public service law, as
 added by chapter 388 of the laws of 2011, is amended to read as follows:
   4. "Board" means the New  York  state  board  on  electric  generation
 siting and the environment, which shall be in the department and consist
 of  seven persons: the chair of the department, who shall serve as chair
 of the  board;  the  commissioner  of  environmental  conservation;  the
 commissioner  of health; the chair of the New York state energy research
 and development authority; the commissioner of economic development  and
 two  ad hoc public members, both of whom shall reside within the munici-
 pality in which the facility is proposed to be located, except  if  such
 facility is proposed to be located within the city of New York, then all
 ad  hoc  members shall reside within the community district in which the
 facility is proposed to be located. One ad hoc member shall be appointed
 by the president pro tem of the senate and one ad hoc  member  shall  be
 appointed by the speaker of the assembly, in accordance with subdivision
 two of section one hundred sixty-one of this article. The term of the ad
 hoc public members shall continue until a final determination is made in
 the  particular  proceeding  for  which  they were appointed.   PROVIDED
 HOWEVER, IF A PROPOSED FACILITY IS TO  BE  LOCATED  WITHIN  SEVENTY-FIVE
 MILES  OF  AN  IN-STATE  MILITARY  BASE, THE UNITES STATES DEPARTMENT OF
 DEFENSE MAY APPOINT AN EIGHTH NON-VOTING, AD HOC MEMBER WHOSE TERM SHALL
 CONTINUE UNTIL A FINAL DETERMINATION IS MADE IN THE PARTICULAR  PROCEED-
 ING FOR WHICH THEY WERE APPOINTED.
   §  2. Subdivision 2 of section 161 of the public service law, as added
 by chapter 388 of the laws of 2011, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13665-03-8

 S. 7784--A                          2
 
   2. Upon receipt of a  pre-application  preliminary  scoping  statement
 under  this  article,  the chair shall promptly notify the governor, the
 president pro tem of the senate, the speaker of the assembly, the  chief
 executive officers representing the municipality and the county in which
 the  facility  is  proposed  to  be  located,  and,  if such facility is
 proposed to be located within the city of New York,  the  mayor  of  the
 city  of New York, as well as the chairperson of the community board and
 the borough president representing the area in  which  the  facility  is
 proposed  to  be  located  AND IF THE PROPOSED FACILITY IS TO BE LOCATED
 WITHIN SEVENTY-FIVE MILES OF  AN  IN-STATE  MILITARY  BASE,  THE  UNITED
 STATES  DEPARTMENT OF DEFENSE AND THE COMMANDER OR SENIOR MILITARY OFFI-
 CER OF THE IN-STATE MILITARY BASE.  One ad hoc member shall be appointed
 by the president pro tem of the senate and one ad hoc  member  shall  be
 appointed  by  the  speaker  of  the  assembly from a list of candidates
 submitted to them, in the following manner. If such facility is proposed
 to be located outside of the city of New York, the chief executive offi-
 cer representing the municipality shall nominate four candidates and the
 chief executive officer representing  the  county  shall  nominate  four
 candidates for consideration. If such facility is proposed to be located
 outside  of the city of New York and in a village located within a town,
 the chief executive officer representing the town  shall  nominate  four
 candidates,  the  chief  executive officer representing the county shall
 nominate four candidates, and the chief executive  officer  representing
 the  village  shall  nominate four candidates for consideration. If such
 facility is proposed to be located in the city of New York,  the  chair-
 person  of  the community board, the borough president, and the mayor of
 the city of New York shall each nominate four candidates  for  consider-
 ation.  Nominations  shall  be submitted to the president pro tem of the
 senate and the speaker of the assembly within fifteen days of receipt of
 notification of the pre-application preliminary  scoping  statement.  In
 the  event that the president pro tem of the senate does not appoint one
 of the candidates within thirty days of such nominations,  the  governor
 shall  appoint  the  ad  hoc member from the list of candidates.  In the
 event that the speaker of the assembly  does  not  appoint  one  of  the
 candidates  within  thirty  days of such nominations, the governor shall
 appoint the ad hoc member from the list of candidates.  WHEN  APPLICABLE
 THE UNITED STATES DEPARTMENT OF DEFENSE MAY APPOINT A NON-VOTING, AD HOC
 MEMBER.  IN  THE EVENT THAT THE UNITED STATES DEPARTMENT OF DEFENSE DOES
 NOT APPOINT A MEMBER WITHIN FORTY-FIVE DAYS OF NOTIFICATION PURSUANT  TO
 THIS  SECTION, THEIR RIGHT TO DO SO SHALL BE DEEMED WAIVED. In the event
 that one or [both] MORE of the ad  hoc  public  members  have  not  been
 appointed  within  forty-five  days,  a majority of persons named to the
 board shall constitute a quorum.
   § 3. This act shall take effect immediately, and shall  apply  to  all
 applications for a certificate filed on or after such date.

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Senate Bill S7784A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

May 16, 2018 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: May 16, 2018

Bill Amendments

co-Sponsors

2017-S7784 - Details

2017-S7784 - Summary

2017-S7784 - Sponsor Memo

2017-S7784 - Bill Text download pdf

co-Sponsors

2017-S7784A (ACTIVE) - Details

2017-S7784A (ACTIVE) - Summary

2017-S7784A (ACTIVE) - Sponsor Memo

2017-S7784A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S7784A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Bill Amendments

co-Sponsors

2017-S7784 - Details

2017-S7784 - Summary

2017-S7784 - Sponsor Memo

2017-S7784 - Bill Text download pdf

co-Sponsors

2017-S7784A (ACTIVE) - Details

2017-S7784A (ACTIVE) - Summary

2017-S7784A (ACTIVE) - Sponsor Memo

2017-S7784A (ACTIVE) - Bill Text download pdf

Comments