Assembly Bill A10134

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10134
 
                           I N  A S S E M B L Y
 
                             February 3, 2026
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Energy
 
 AN ACT to amend the public service law, in  relation  to  requiring  the
   office of renewable energy siting and electric transmission to prompt-
   ly  publish  applications for permits to site a major renewable energy
   facility or to site a major electric transmission facility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 138 of the public service law is amended by adding
 a new subdivision 6 to read as follows:
   6. ORES SHALL PROMPTLY PUBLISH AND REGULARLY UPDATE ON ITS WEBSITE ANY
 APPLICATION FOR A PERMIT TO  SITE  A  MAJOR  RENEWABLE  ENERGY  FACILITY
 PURSUANT  TO  THIS  SECTION, ALONG WITH SUPPORTING DOCUMENTATION AND ANY
 RESPONSIVE DOCUMENTS BY ORES OR OTHER INTERESTED PARTIES. PRIOR TO POST-
 ING BUT WITHIN TEN DAYS OF RECEIVING SUCH APPLICATION AND SUPPORTING AND
 RESPONSIVE DOCUMENTS, ORES SHALL REVIEW ANY CLAIM THAT  THE  APPLICATION
 OR  DOCUMENT  IS EXEMPT FROM DISCLOSURE UNDER SUBDIVISION TWO OF SECTION
 EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. SUCH  APPLICATION  OR  DOCUMENT
 MAY  ONLY BE REDACTED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH THE
 REQUIREMENTS OF THE FREEDOM OF INFORMATION LAW OR TO  KEEP  CONFIDENTIAL
 THE  LOCATION  OF  THREATENED  OR  ENDANGERED SPECIES OR OTHER SENSITIVE
 ENVIRONMENTAL INFORMATION THAT COULD PROVE HARMFUL IF DISCLOSED  TO  THE
 PUBLIC. ANY CLAIM BY AN APPLICANT THAT THE DISCLOSURE OF SPECIFIC INFOR-
 MATION  WOULD VIOLATE PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION EIGHT-
 Y-SEVEN OF THE PUBLIC OFFICERS LAW SHALL BE EXAMINED BY ORES  TO  DETER-
 MINE  IF  THERE  IS  A PARTICULARIZED AND SPECIFIC JUSTIFICATION FOR THE
 REDACTION OF SUCH INFORMATION FROM THE PUBLIC RECORD.  SUCH  INFORMATION
 SHALL  ONLY BE REDACTED FROM THE PUBLIC RECORD IF ORES IS SATISFIED THAT
 THE DISCLOSURE OF A PARTICULAR ITEM OF INFORMATION WOULD CAUSE  SUBSTAN-
 TIAL INJURY TO THE COMPETITIVE POSITION OF THE SUBJECT ENTERPRISE.
   §  2. Section 139 of the public service law is amended by adding a new
 subdivision 7 to read as follows:
   7. ORES SHALL PROMPTLY PUBLISH AND REGULARLY UPDATE ON ITS WEBSITE ANY
 APPLICATION FOR A PERMIT TO SITE A MAJOR ELECTRIC TRANSMISSION  FACILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14672-01-6
 A. 10134                            2

 PURSUANT  TO  THIS  SECTION, ALONG WITH SUPPORTING DOCUMENTATION AND ANY
 RESPONSIVE DOCUMENTS BY ORES OR OTHER INTERESTED PARTIES. PRIOR TO POST-
 ING BUT WITHIN TEN DAYS OF RECEIVING SUCH APPLICATION AND SUPPORTING AND
 RESPONSIVE  DOCUMENTS,  ORES SHALL REVIEW ANY CLAIM THAT THE APPLICATION
 OR DOCUMENT IS EXEMPT FROM DISCLOSURE UNDER SUBDIVISION TWO  OF  SECTION
 EIGHTY-SEVEN  OF  THE  PUBLIC OFFICERS LAW. SUCH APPLICATION OR DOCUMENT
 MAY ONLY BE REDACTED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH  THE
 REQUIREMENTS  OF  THE FREEDOM OF INFORMATION LAW OR TO KEEP CONFIDENTIAL
 THE LOCATION OF THREATENED OR  ENDANGERED  SPECIES  OR  OTHER  SENSITIVE
 ENVIRONMENTAL  INFORMATION  THAT COULD PROVE HARMFUL IF DISCLOSED TO THE
 PUBLIC. ANY CLAIM BY AN APPLICANT THAT THE DISCLOSURE OF SPECIFIC INFOR-
 MATION WOULD VIOLATE PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION  EIGHT-
 Y-SEVEN  OF  THE PUBLIC OFFICERS LAW SHALL BE EXAMINED BY ORES TO DETER-
 MINE IF THERE IS A PARTICULARIZED AND  SPECIFIC  JUSTIFICATION  FOR  THE
 REDACTION  OF  SUCH INFORMATION FROM THE PUBLIC RECORD. SUCH INFORMATION
 SHALL ONLY BE REDACTED FROM THE PUBLIC RECORD IF ORES IS SATISFIED  THAT
 THE  DISCLOSURE OF A PARTICULAR ITEM OF INFORMATION WOULD CAUSE SUBSTAN-
 TIAL INJURY TO THE COMPETITIVE POSITION OF THE SUBJECT ENTERPRISE.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that the amendments to section 138
 of  the  public  service law made by section one of this act and section
 139 of such law made by section two of this act  shall  not  affect  the
 expiration  and  repeal  of  such  sections and shall be deemed repealed
 therewith.