Assembly Bill A10965

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 9917                                                 A. 10965
 
                       S E N A T E - A S S E M B L Y
 
                              April 14, 2026
                                ___________
 
 IN SENATE -- Introduced by Sen. WALCZYK -- read twice and ordered print-
   ed,  and  when  printed to be committed to the Committee on Energy and
   Telecommunications
 
 IN ASSEMBLY -- Introduced by M. of A. BOLOGNA -- read once and  referred
   to the Committee on Energy
 
 AN ACT to amend the public service law, in relation to authorizing muni-
   cipalities to require a permit for certain energy projects
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. It is the intent of  the  legislature
 to  give  control  of  the  construction of renewable energy and battery
 storage systems in our cities, towns, and villages back to  the  people,
 where  it  belongs.  New York is a home rule state. Our history has been
 built on the will of local communities. People  get  to  make  decisions
 over  how  their  communities look in almost every facet, except when it
 comes to large-scale renewable energy projects. Renewable energy is  not
 a special product that gets to trample over the rights of local communi-
 ties. People should still have a say over whether or not battery storage
 systems  or  renewable  energy  generating facilities are built in their
 community. This legislation will protect municipalities from state over-
 reach and give people the right,  through  their  local  government,  to
 decide if they want renewable energy in their communities.
   §  2. Subdivision 1 of section 140 of the public service law, as added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   1. No person shall commence the preparation of a site  for,  or  begin
 the  construction of, a major renewable energy facility in the state, or
 increase the capacity of an existing major  renewable  energy  facility,
 without  having  first obtained a major renewable energy facility siting
 permit pursuant to this article, AND ANY PERMIT REQUIRED BY THE  MUNICI-
 PALITY  OR  POLITICAL  SUBDIVISION  IN WHICH SUCH MAJOR RENEWABLE ENERGY
 FACILITY IS OR WILL BE LOCATED.  Any  major  renewable  energy  facility
 subject  to this article with respect to which a siting permit is issued
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14913-02-6
 S. 9917                             2                           A. 10965
 
 shall not  thereafter  be  built,  maintained,  or  operated  except  in
 conformity  with such major renewable energy facility siting permit, ANY
 PERMIT REQUIRED BY THE MUNICIPALITY OR POLITICAL  SUBDIVISION  IN  WHICH
 SUCH  MAJOR  RENEWABLE  ENERGY  FACILITY  IS OR WILL BE LOCATED, and any
 terms, limitations, or conditions contained therein, provided that noth-
 ing in this subdivision shall exempt such facility from compliance  with
 federal laws and regulations.
   §  3. Subdivision 1 of section 141 of the public service law, as added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   1. Except as provided in paragraph (b) of  subdivision  five  of  this
 section,  no  person  shall  commence  the preparation of a site for, or
 begin the construction of, a major electric transmission facility in the
 state without having first obtained a siting  permit  pursuant  to  this
 article, AND ANY PERMIT REQUIRED BY THE MUNICIPALITY OR POLITICAL SUBDI-
 VISION  IN WHICH SUCH MAJOR ELECTRIC TRANSMISSION FACILITY IS OR WILL BE
 LOCATED. Any major electric transmission facility subject to this  arti-
 cle with respect to which a siting permit is issued shall not thereafter
 be  built, maintained, or operated except in conformity with such siting
 permit, ANY PERMIT REQUIRED BY THE MUNICIPALITY OR POLITICAL SUBDIVISION
 IN WHICH SUCH  MAJOR  ELECTRIC  TRANSMISSION  FACILITY  IS  OR  WILL  BE
 LOCATED,  and  any  terms, limitations, or conditions contained therein,
 provided that nothing in this subdivision  shall  exempt  such  facility
 from compliance with federal laws and regulations.
   §  4. Subdivision 2 of section 144 of the public service law, as added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   2. Notwithstanding any other provision of law, including without limi-
 tation article eight of the environmental conservation law  and  article
 VII of this chapter, [no] ANY other state agency, department or authori-
 ty, or any municipality or political subdivision IN WHICH A MAJOR RENEW-
 ABLE  ENERGY FACILITY OR MAJOR ELECTRIC TRANSMISSION FACILITY IS OR WILL
 BE SITED, or any agency thereof may[,  except  as  expressly  authorized
 under  this  article or the rules and regulations promulgated under this
 article,] require any approval, consent, permit, certificate,  contract,
 agreement, or other condition for the development, design, construction,
 operation,  or decommissioning of a major renewable energy facility or a
 major electric transmission facility with respect to which  an  applica-
 tion  for  a  siting  permit  has been filed[, provided in the case of a
 municipality, political subdivision or an agency  thereof,  such  entity
 has received notice of the filing of the application therefor]. Notwith-
 standing  the  foregoing,  the  department of environmental conservation
 shall be the permitting agency for permits issued pursuant to  federally
 delegated or federally approved programs.
   §  5. Section 172 of the public service law is amended by adding a new
 subdivision 3 to read as follows:
   3. NOTWITHSTANDING SUBDIVISION  ONE  OF  THIS  SECTION  OR  ANY  OTHER
 PROVISION  OF  LAW, ANY MUNICIPALITY OR POLITICAL SUBDIVISION IN WHICH A
 MAJOR ELECTRIC GENERATING FACILITY  IS  TO  BE  SITED  MAY  REQUIRE  ANY
 APPROVAL,  CONSENT,  PERMIT,  CERTIFICATE, CONTRACT, AGREEMENT, OR OTHER
 CONDITION FOR  THE  DEVELOPMENT,  DESIGN,  CONSTRUCTION,  OPERATION,  OR
 DECOMMISSIONING OF SUCH MAJOR ELECTRIC GENERATING FACILITY.
   § 6. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments  to  subdivision  1  of section 140 of the public
 service law made by section two of this act shall not affect the  repeal
 of such section and shall be deemed repealed therewith;
 S. 9917                             3                           A. 10965
 
   (b)  the  amendments  to  subdivision  1  of section 141 of the public
 service law made by section three of  this  act  shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith; and
   (c)  the  amendments  to  subdivision  2  of section 144 of the public
 service law made by section four of this act shall not affect the repeal
 of such section and shall be deemed repealed therewith.