Senate Bill S3715

2021-2022 Legislative Session

Requires a public referendum to approve a final siting permit

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance 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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2021-S3715 (ACTIVE) - Details

See Assembly Version of this Bill:
A3901
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Amd §94-c, Exec L; amd §1902, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8284, A10375
2023-2024: S1411, A2365

2021-S3715 (ACTIVE) - Summary

Relates to requiring approval through public referendum in the municipality in which a major electric generating facility is intended to be located prior to final determination for a final siting permit.

2021-S3715 (ACTIVE) - Sponsor Memo

2021-S3715 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3715
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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