NY State Senate Bill 2025-S2726

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2025	referred to finance

co-Sponsors

2025-S2726 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Public Service Law
Laws Affected:: Amd §142, Pub Serv L; amd §1902, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8284
2021-2022: S3715
2023-2024: S1411

2025-S2726 (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.

2025-S2726 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2726

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the public service law and the public authorities law,
in relation to requiring a public referendum to approve a final siting
permit

 
PURPOSE:

To amend the executive and public authorities law to require a public
referendum to approve a final siting permit.

 
SUMMARY OF PROVISIONS:

Section 1: Amends paragraph e of subdivision 5 of section 94-c of the
executive law, as added by section 4 of part 111 of chapter 58 of the
laws of 2020 and adds a new paragraph (f-I) to include: before a final
permit may be issued, a referendum is held upon the question of an
application for a permit establishing a major renewable energy facility
in the municipality where the proposed facility intends to be located

and approved by fifty-one per centum of voters.

Section 2: Amends subdivision 3 of section 1902 of the public authori-
ties taw, as added by section 6 of part 111 of chapter 58 of the taws of
2020, to include a public referendum on the question of approving a
certificate establishing or transferring such build ready site in a
municipality and approved by fifty-one percentum of voters.

Section 3: Effective Date.

 
JUSTIFICATION:

Section 94 of New York State Executive Law and Section 1902 of the New
York Public Authorities Law act as the key review process in considering
applications to construct and operate major renewable energy facilities.
Most new major renewable energy facility proposals are subject to the
process in said sections in order to construct a facility and distribute
power regionally. The concerns regarding the siting process of major
renewable energy facilities, at least thus far, do not revolve around
New York States investment in green/renewable energy or long term goals
to increase our green energy capacity fora brighter economic outlook and
healthier environment. The issues that are of greatest immediate concern
in determining where a new major renewable energy facility can be
placed, rests with the process and current lack of community input and
control. This amendment offers a solution to the most apparent issues
circling the siting process.  There are realistic and achievable amend-
ments that can be made to the Siting Process that will still adhere to
the original intent of the legislation, but will allow for more communi-
ty input, protect municipal "home rule," and by doing so, prevent an
Albany appointed official from ignoring the wishes of local communities.
This legislation would guarantee that no affirmative decision regarding
the placement of a major renewable energy facility in New York State can
be approved without the consent of the host municipality. This proposal
would require a public referendum, or vote, requiring 51% percent voter
approval before the granting of an electric generating project permit.

 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.1411/A.2365 Referred to Finance/Energy

2021-2022: S. 3715 Referred to Finance

2019-2020: Referred to Finance.

 
FISCAL IMPLICATIONS FOR STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2726 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2726
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 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 public service 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. Subdivision 5 of section 142 of the public service law,  as
 added  by  section  11  of  part O of chapter 58 of the laws of 2024, is
 amended and a new subdivision 5-a is added to read as follows:
   5. Following the expiration of the public comment period set forth  in
 this  section,  and  following  the  conclusion  of a hearing undertaken
 pursuant to subdivision four of this section, ORES shall, in the case of
 a public comment period, issue a written summary of public comments  and
 an  assessment  of comments received, and in the case of an adjudicatory
 hearing, the executive director or any  person  to  whom  the  executive
 director  has delegated such authority shall issue a final written hear-
 ing report. A final siting permit may only be issued  if  ORES  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 PURSU-
 ANT TO A  REFERENDUM HELD IN ACCORDANCE WITH SUBDIVISION FIVE-A OF  THIS
 SECTION. In making a final siting permit determination with respect to a
 major  renewable  energy facility, ORES may elect not to apply, in whole
 or in part, any local law or ordinance that would otherwise be  applica-
 ble  if it makes a finding that, as applied to the proposed facility, it
 is unreasonably burdensome in view of the CLCPA targets, and  the  envi-
 ronmental benefits.
   5-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY,
 BEFORE A DETERMINATION FOR A  FINAL  SITING  PERMIT  MAY  BE  CONSIDERED
 FINAL,  SUCH PERMIT SHALL BE SUBJECT TO APPROVAL THROUGH PUBLIC REFEREN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05589-01-5

 S. 2726                             2
 
 DUM BY THE MUNICIPALITY IN WHICH THE FACILITY APPLYING TO THE OFFICE  IS
 INTENDED TO BE LOCATED.  SUCH REFERENDUM SHALL BE HELD UPON THE QUESTION
 OF  APPROVING  AN  APPLICATION  FOR  A  CERTIFICATE ESTABLISHING A MAJOR
 RENEWABLE ENERGY FACILITY IN THE MUNICIPALITY WHERE THE PROPOSED FACILI-
 TY  INTENDS  TO  BE  LOCATED,  AND  APPROVED  BY FIFTY-ONE PER CENTUM OF
 VOTERS.  SUCH REFERENDUM SHALL BE HELD WITHIN SIXTY DAYS, BUT NOT EARLI-
 ER THAN THIRTY DAYS AFTER THE OFFICE'S DECISION.   FOR THE  PURPOSES  OF
 THIS  SUBDIVISION,  "MUNICIPALITY"  SHALL MEAN A CITY OR TOWN LOCATED IN
 THIS STATE.
   § 2. Subdivision 3 of section 1902 of the public authorities  law,  as
 amended  by  section  5  of part M of chapter 58 of the laws of 2024, is
 amended to read as follows:
   3. Establish procedures and protocols for the purpose of establishment
 and transfer of build-ready sites which shall include, at a minimum: (a)
 written notice at the earliest practicable time  to  a  municipality  in
 which  a potential build-ready site has been identified, provided howev-
 er, that the authority shall not deem  any  site  for  qualified  energy
 storage  systems  suitable  without  first consulting any municipalities
 with jurisdiction over the  potential  build-ready  site  and  obtaining
 their  approval;  [and]  (b)  PUBLIC REFERENDUM HELD IN THE MUNICIPALITY
 WHERE A POTENTIAL BUILD-READY SITE HAS BEEN IDENTIFIED,  HELD  UPON  THE
 QUESTION  OF  APPROVING  A CERTIFICATE ESTABLISHING OR TRANSFERRING SUCH
 BUILD-READY SITE IN SUCH MUNICIPALITY, AND  APPROVED  BY  FIFTY-ONE  PER
 CENTUM  OF VOTERS; AND (C) a preliminary screening process to determine,
 in consultation  with  the  department  of  environmental  conservation,
 whether the potential build-ready site is located in or near an environ-
 mental  justice  area and whether an environmental justice area would be
 adversely affected by development of a build-ready site;
   § 3. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 142 of the public service law made by section
 one of this act shall not affect the repeal of such section and shall be
 deemed to be repealed therewith; and provided further, however, that the
 amendments to subdivision 3 of section 1902 of  the  public  authorities
 law  made by section two of this act shall not affect the repeal of such
 section and shall be deemed to be repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S2726

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

2025-S2726 (ACTIVE) - Details

2025-S2726 (ACTIVE) - Summary

2025-S2726 (ACTIVE) - Sponsor Memo

2025-S2726 (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S2726

Senate Bill S2726

Share this bill

Sponsored By

Robert G. Ortt

Current Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

Pamela Helming

2025-S2726 (ACTIVE) - Details

2025-S2726 (ACTIVE) - Summary

2025-S2726 (ACTIVE) - Sponsor Memo

2025-S2726 (ACTIVE) - Bill Text download pdf

Comments