Assembly Bill A10375

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10375
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by  M.  of  A.  NORRIS,  HAWLEY,  MORINELLO -- read once and
   referred to the Committee on Energy
 
 AN ACT to amend the executive law and the  public  authorities  law,  in
   relation  to  requiring  a public referendum to approve a final siting
   permit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (e) of subdivision 5 of section 94-c of the exec-
 utive  law,  as added by section 4 of part JJJ of chapter 58 of the laws
 of 2020, is amended and a new  paragraph  (f-1)  is  added  to  read  as
 follows:
   (e) Following the expiration of the public comment period set forth in
 this  subdivision,  or  following the conclusion of a hearing undertaken
 pursuant to this subdivision, the office shall, in the case of a  public
 comment period, issue a written summary of public comment and an assess-
 ment  of  comments received, and in the case of an adjudicatory hearing,
 the executive officer or any person to whom the executive  director  has
 delegated  such authority, shall issue a final written hearing report. A
 final siting permit may only be issued if the  office  makes  a  finding
 that  the  proposed  project,  together  with any applicable uniform and
 site-specific standards and conditions would comply with applicable laws
 and regulations, AND IF SUCH FINAL SITING PERMIT IS APPROVED PURSUANT TO
 A  REFERENDUM  HELD  IN  ACCORDANCE  WITH  PARAGRAPH   (F-1)   OF   THIS
 SUBDIVISION.   In making this determination, the office may elect not to
 apply, in whole or in part, any  local  law  or  ordinance  which  would
 otherwise  be  applicable  if it makes a finding that, as applied to the
 proposed major renewable energy facility, it is unreasonably  burdensome
 in  view  of  the  CLCPA  targets  and the environmental benefits of the
 proposed major renewable energy facility.
   (F-1) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 BEFORE  A  DETERMINATION  FOR  A  FINAL  SITING PERMIT MAY BE CONSIDERED
 FINAL, SUCH PERMIT SHALL BE SUBJECT TO APPROVAL THROUGH PUBLIC  REFEREN-
 DUM  BY THE MUNICIPALITY IN WHICH THE FACILITY APPLYING TO THE OFFICE IS
 INTENDED TO BE LOCATED.  SUCH REFERENDUM SHALL BE HELD UPON THE QUESTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16303-01-0

 A. 10375                            2
 
 OF APPROVING AN APPLICATION  FOR  A  CERTIFICATE  ESTABLISHING  A  MAJOR
 RENEWABLE ENERGY FACILITY IN THE MUNICIPALITY WHERE THE PROPOSED FACILI-
 TY  INTENDS  TO  BE  LOCATED,  AND  APPROVED  BY FIFTY-ONE PER CENTUM OF
 VOTERS.  SUCH REFERENDUM SHALL BE HELD WITHIN SIXTY DAYS, BUT NOT EARLI-
 ER  THAN  THIRTY  DAYS AFTER THE OFFICE'S DECISION.  FOR THE PURPOSES OF
 THIS PARAGRAPH, "MUNICIPALITY" SHALL MEAN A CITY OR TOWN LOCATED IN THIS
 STATE.
   § 2. Subdivision 3 of section 1902 of the public authorities  law,  as
 added  by  section  6  of part JJJ of chapter 58 of the laws of 2020, is
 amended to read as follows:
   3. Establish procedures and protocols for the purpose of establishment
 and transfer of build-ready sites which shall  include,  at  a  minimum:
 (a) written notice at the earliest practicable time to a municipality in
 which a potential build-ready site has been identified; [and] (b) PUBLIC
 REFERENDUM  HELD  IN THE MUNICIPALITY WHERE A POTENTIAL BUILD-READY SITE
 HAS BEEN IDENTIFIED, HELD UPON THE QUESTION OF APPROVING  A  CERTIFICATE
 ESTABLISHING OR TRANSFERRING SUCH BUILD-READY SITE IN SUCH MUNICIPALITY,
 AND  APPROVED  BY  FIFTY-ONE PER CENTUM OF VOTERS; AND (C) a preliminary
 screening process to determine, in consultation with the  department  of
 environmental  conservation,  whether  the potential build-ready site is
 located in or near an environmental justice area and whether an environ-
 mental justice area would be adversely  affected  by  development  of  a
 build-ready site;
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to section 94-c of the executive law made by section  one
 of  this  act  shall  not affect the repeal of such section and shall be
 deemed to be repealed therewith; and provided further, however, that the
 amendments to subdivision 3 of section 1902 of  the  public  authorities
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed to be repealed therewith.