Assembly Actions -
Senate Actions - UPPERCASE
|May 06, 2020||
referred to finance
Senate Bill S8284
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S8284 (ACTIVE) - Details
2019-S8284 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8284 SPONSOR: ORTT TITLE OF BILL: 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 SUMMARY OF PROVISIONS: Section 1: Amends paragraph e of subdivision 5 of section 94-c of the executive law, as added by section 4 of part JJJ of chapter 58 of the laws of 2020 and adds a new paragraph (f-l) to include: before a final permit may be issued, a referendum is held upon the question of an application for a permit establishing a major renewable energy facility in the municipality where the proposed facility intends to be located and approved by fifty-one per centum of voters. Section 2: Amends subdi- vision 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, to include a public referendum on the question of approving a certificate establish- ing or transferring such build ready site in a municipality and approved
2019-S8284 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8284 I N S E N A T E May 6, 2020 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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
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