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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2018 reported referred to rules
Jun 05, 2018 print number 10277a
Jun 05, 2018 amend (t) and recommit to energy
Apr 10, 2018 referred to energy

Co-Sponsors

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Multi-Sponsors

A10277 (ACTIVE) - Details

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

A10277 (ACTIVE) - Summary

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

A10277 (ACTIVE) - 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

view additional co-sponsors

Multi-Sponsors

A10277A (ACTIVE) - Details

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

A10277A (ACTIVE) - Summary

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

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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