assembly Bill A3340A

2019-2020 Legislative Session

Relates to decisions by the state board on electric generation; repealer

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Current 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
Jan 21, 2020 print number 3340a
Jan 21, 2020 amend and recommit to energy
Jan 08, 2020 referred to energy
Jan 29, 2019 referred to energy

Co-Sponsors

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A3340 - Details

Law Section:
Public Service Law
Laws Affected:
Amd §168, rpld & add §170, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8564
2017-2018: A3168

A3340 - Summary

Relates to decisions by the state board on electric generation; requires approval through public referendum prior to certification for establishing a major electric generating facility.

A3340 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3340

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2019
                               ___________

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.
                                                           LBD02949-01-9

Co-Sponsors

view additional co-sponsors

A3340A (ACTIVE) - Details

Law Section:
Public Service Law
Laws Affected:
Amd §168, rpld & add §170, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8564
2017-2018: A3168

A3340A (ACTIVE) - Summary

Relates to decisions by the state board on electric generation; requires approval through public referendum prior to certification for establishing a major electric generating facility.

A3340A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3340--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2019
                               ___________

Introduced  by  M.  of  A.  NORRIS, MORINELLO, D'URSO, COLTON, LAWRENCE,
  CROUCH, BYRNES -- read once and referred to the Committee on Energy --
  recommitted to the Committee on Energy  in  accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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 MUNICI-
PALITY IN WHICH THE FACILITY APPLYING TO THE BOARD IS LOCATED.  FOR  THE
PURPOSES  OF  THIS SUBDIVISION, "MUNICIPALITY" SHALL MEAN A CITY OR TOWN
LOCATED IN THIS STATE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.