Assembly Bill A3852

2021-2022 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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-A3852 (ACTIVE) - Details

Current Committee:
Assembly Energy
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
2019-2020: A3340
2023-2024: A2269

2021-A3852 (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.

2021-A3852 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3852
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced by M. of A. NORRIS, BYRNES, COLTON, HAWLEY, MORINELLO -- 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  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
 retain jurisdiction with respect to the amendment, suspension or revoca-
 tion of a certificate.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01574-01-1
              

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