LBD15544-01-6
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to article VIII of the public service law it obtained a siting permit
with respect to a major electric transmission facility] or;
§ 6. Subdivision (B) of section 206 of the eminent domain procedure
law is amended to read as follows:
(B) pursuant to article VII [or article VIII] of the public service
law it obtained a certificate of environmental compatibility and public
need or;
§ 7. Subparagraph (g) of paragraph 3 of subdivision (B) of section 402
of the eminent domain procedure law, as amended by section 14 of part O
of chapter 58 of the laws of 2024, is amended to read as follows:
(g) if the property is to be used for the construction of a major
utility transmission facility, as defined in section one hundred twenty
of the public service law with respect to which a certificate of envi-
ronmental compatibility and public need has been issued under such law,
a statement that such certificate relating to such property has been
issued and is in force[, or if the property is to be used for the
construction of a major electric transmission facility, as defined under
article VIII of the public service law, with respect to which a major
electric transmission facility siting permit has been issued under such
law, a statement that such permit relating to such property has been
issued and is in force].
§ 8. Subdivision 9 of section 17-0701 of the environmental conserva-
tion law is REPEALED.
§ 9. Section 17-0823 of the environmental conservation law, as amended
by chapter 388 of the laws of 2011, is amended to read as follows:
§ 17-0823. Power plant siting.
In the case of a [major steam electric generating facility, as defined
in section one hundred forty of the public service law, for the
construction or operation of which a certificate is required under the
former article eight of the public service law, or a] major electric
generating facility as defined in section one hundred sixty of the
public service law, for the construction or operation of which a certif-
icate is required under article ten of the public service law, such
certificate shall be deemed a permit under this section if issued by the
state board on electric generation siting and the environment pursuant
to federally delegated or approved environmental permit authority. Noth-
ing herein shall limit the authority of the department of health and the
department to monitor the environmental and health impacts resulting
from the operation of such [major steam electric generating facility or]
major electric generating facility and to enforce applicable provisions
of the public health law and this article and the terms and conditions
of the certificate governing the environmental and health impacts
resulting from such operation. In such case all powers, duties, obli-
gations and privileges conferred upon the department by this article
shall devolve upon the New York state board on electric generation
siting and the environment. In considering the granting of permits, such
board shall apply the provisions of this article and the Act.
§ 10. Paragraph j of subdivision 2 of section 19-0305 of the environ-
mental conservation law, as amended by chapter 388 of the laws of 2011,
is amended to read as follows:
j. Consider for approval or disapproval applications for permits and
certificates including plans or specifications for air contamination
sources and air cleaning installations or any part thereof submitted
consistent with the rules of the department, and inspect the installa-
tion for compliance with the plans or specifications; provided that in
the case of a [major steam electric generating facility, as defined in
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former section one hundred forty of the public service law, for which a
certificate is required pursuant to the former article eight of the
public service law, or a] major electric generating facility as defined
in section one hundred sixty of the public service law, for which a
certificate is required pursuant to article ten of the public service
law, such approval functions may be performed by the state board on
electric generation siting and the environment, as defined in the public
service law, pursuant to federally delegated or approved environmental
permitting authority, and such inspection functions shall be performed
by the department. [Nothing herein shall limit the authority of the
department of health and the department to monitor the environmental and
health impacts resulting from the operation of such major steam electric
generating facility and to enforce applicable provisions of the public
health law and this chapter and the terms and conditions of the certif-
icate governing the environmental and health impacts resulting from such
operation.]
§ 11. Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
ronmental conservation law, as amended by section 17 of part O of chap-
ter 58 of the laws of 2024, is amended to read as follows:
(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or a major
electric transmission facility which has received a siting permit pursu-
ant to article VIII of the public service law], upon the filing of such
certificate or permit in a manner prescribed for recording a conveyance
of real property pursuant to section two hundred ninety-one of the real
property law or any other applicable provision of law.
§ 12. Paragraph (d) of subdivision 2 of section 49-0307 of the envi-
ronmental conservation law, as added by chapter 292 of the laws of 1984,
is amended to read as follows:
(d) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
article eight of the public service law], upon the filing of such
certificate in a manner prescribed for recording a conveyance of real
property pursuant to section two hundred ninety-one of the real property
law or any other applicable provision of law.
§ 13. Paragraph (e) of subdivision 3 of section 49-0307 of the envi-
ronmental conservation law, as amended by section 18 of part O of chap-
ter 58 of the laws of 2024, is amended to read as follows:
(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law[, a major elec-
tric transmission facility which has received a siting permit pursuant
to article VIII of the public service law,] or a major electric generat-
ing facility or repowering project which has received a certificate of
environmental compatibility and public need pursuant to article ten of
the public service law, upon the filing of such certificate or permit in
a manner prescribed for recording a conveyance of real property pursuant
to section two hundred ninety-one of the real property law or any other
applicable provision of law, provided that such certificate or permit
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contains a finding that the public interest in the conservation and
protection of the natural resources, open spaces and scenic beauty of
the Adirondack or Catskill parks has been considered.
§ 14. Paragraph (e) of subdivision 3 of section 49-0307 of the envi-
ronmental conservation law, as amended by chapter 388 of the laws of
2011, is amended to read as follows:
(e) where land subject to a conservation easement or an interest in
such land is required for a major utility transmission facility which
has received a certificate of environmental compatibility and public
need pursuant to article seven of the public service law [or is required
for a major steam electric generating facility which has received a
certificate of environmental compatibility and public need pursuant to
the former article eight of the public service law,] or a major electric
generating facility or repowering project which has received a certif-
icate of environmental compatibility and public need pursuant to article
ten of the public service law, upon the filing of such certificate in a
manner prescribed for recording a conveyance of real property pursuant
to section two hundred ninety-one of the real property law or any other
applicable provision of law, provided that such certificate contains a
finding that the public interest in the conservation and protection of
the natural resources, open spaces and scenic beauty of the Adirondack
or Catskill parks has been considered.
§ 15. Subdivisions 33 and 55 of section 802 of the executive law,
subdivision 33 as amended by chapter 899 of the laws of 1976 and subdi-
vision 55 as amended by chapter 348 of the laws of 1973, are amended to
read as follows:
33. "Major public utility use" means any electric power transmission
or distribution line and associated equipment of a rating of more than
fifteen kilovolts which is one mile or more in length; any telephone
inter-exchange or trunk cable or feeder cable which is one mile or more
in length; any telephone distribution facility containing twenty-five or
more pairs of wire and designed to provide initial telephone service for
new structures; any television, cable television, radio, telephone or
other communication transmission tower; any pipe or conduit or other
appurtenance used for the transmission of gas, oil or other fuel which
is one mile or more in length; any electric substation, generating
facility or maintenance building and any water or sewage pipes or
conduits, including any water storage tanks, designed to service fifty
or more principal buildings. Any use which is subject to the jurisdic-
tion of the public service commission pursuant to article seven [or
article eight] of the public service law or other prior approval by the
public service commission under the provisions of the public service law
is not a major public utility use or a use for the purposes of this
article except for the shoreline restrictions in which case the bodies
having jurisdiction over such uses under such article or other
provisions shall have the authority of the agency or a local government
under this article.
55. "Public utility use" means any public utility use, equipment or
structure which is not a "major public utility use." A public utility
use does not include any use which is subject to the jurisdiction of the
public service commission pursuant to article seven [or article eight]
of the public service law.
§ 16. Paragraph (p) of subdivision 27-a of section 1005 of the public
authorities law is REPEALED.
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§ 17. Section 1900 of the public authorities law, as amended by
section 3 of part M of chapter 58 of the laws of 2024, is amended to
read as follows:
§ 1900. Statement of legislative intent. It is the intent of the
legislature in enacting this title to empower the New York state energy
research and development authority to establish effective programs and
other mechanisms to: (1) foster and encourage the orderly and expedient
siting and development of renewable energy facilities and qualified
energy storage systems, particularly at sites which are difficult to
develop[, consistent with applicable law for the purpose of enabling the
state to meet CLCPA targets as defined in subdivision one of section one
hundred thirty-seven of article eight of the public service law]; (2)
incentivize the re-use of previously developed sites for renewable ener-
gy facilities and qualified energy storage systems to protect the value
of taxable land, capitalize on existing infrastructure; (3) support the
provision of benefits to communities that host renewable energy facili-
ties and qualified energy storage systems; and (4) protect environmental
justice areas from adverse environmental impacts.
§ 18. Subdivision 7 of section 6-106 of the energy law, as amended by
section 15 of part O of chapter 58 of the laws of 2024, is amended to
read as follows:
7. Any person who participated in the state energy planning proceeding
or any person who sought an amendment of the state energy plan pursuant
to subdivision six of this section, may obtain, pursuant to article
seventy-eight of the civil practice law and rules, judicial review of
the board's decision adopting a plan, or any amendment thereto, or of
the board's decision not to amend such plan pursuant to subdivision six
of this section. Any such special proceeding shall be brought in the
appellate division of the supreme court of the state of New York for the
third judicial department. Such proceeding shall be initiated by the
filing of a petition in such court within thirty days after the issuance
of a decision by the board. The proceeding shall have a lawful prefer-
ence over any other matter, shall be heard on an expedited basis and
shall be completed in all respects, including any subsequent appeal,
within one hundred eighty days of the filing of the petition. Where more
than one such petition is filed, the court may provide for consolidation
of the proceedings. Notwithstanding the provisions of [articles] ARTICLE
seven [and eight] of the public service law, the procedure set forth in
this section shall constitute the exclusive means for seeking judicial
review of any element of the plan.
§ 19. Section 1014 of the public authorities law, as amended by
section 20 of part O of chapter 58 of the laws of 2024, is amended to
read as follows:
§ 1014. Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services and practices
relating to the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the public service law
applies to the siting and operation of a major utility transmission
facility as defined therein, [article VIII of the public service law
applies to the siting and operation of a major electric generation
facility or a major electric transmission facility as defined therein,]
and article ten of the public service law applies to the siting of a
major electric generating facility as defined therein, and except to the
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extent section eighteen-a of the public service law provides for assess-
ment of the authority for certain costs relating thereto, the provisions
of the public service law and of the environmental conservation law and
every other law relating to the department of public service or the
public service commission or to the environmental conservation depart-
ment or to the functions, powers or duties assigned to the division of
water power and control by chapter six hundred nineteen of the laws of
nineteen hundred twenty-six, shall so far as is necessary to make this
title effective in accordance with its terms and purposes be deemed to
be superseded, and wherever any provision of law shall be found in
conflict with the provisions of this title or inconsistent with the
purposes thereof, it shall be deemed to be superseded, modified or
repealed as the case may require.
§ 20. Subdivision 1 of section 1020-s of the public authorities law,
as amended by section 21 of part O of chapter 58 of the laws of 2024, is
amended to read as follows:
1. The rates, services and practices relating to the electricity
generated by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,
or the jurisdiction of, the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) [article VIII of the public service law applies to the siting
and operation of a major electric generation facility or a major elec-
tric transmission facility as defined therein, (c)] article ten of such
law applies to the siting of a generating facility as defined therein,
[(d)] (C) section eighteen-a of such law provides for assessment for
certain costs, property or operations, [(e)] (D) to the extent that the
department of public service reviews and makes recommendations with
respect to the operations and provision of services of, and rates and
budgets established by, the authority pursuant to section three-b of
such law, [(f)] (E) that section seventy-four of the public service law
applies to qualified energy storage systems within the authority's
jurisdiction, and [(g)] (F) that section seventy-four-b of the public
service law applies to Long Island community choice aggregation
programs.
§ 21. Paragraph c of subdivision 8 of section 1020-c of the public
authorities law, as amended by section 23 of part O of chapter 58 of the
laws of 2024, is amended to read as follows:
c. [Articles] ARTICLE seven [and eight] of the public service law
shall apply to the authority's siting and operation of a major electric
transmission facility as therein defined and article ten of the public
service law shall apply to the authority's siting and operation of a
major electric generating facility as therein defined.
§ 22. Subdivision 2 of section 160 of the public service law, as
amended by section 25 of part O of chapter 58 of the laws of 2024, is
amended to read as follows:
2. "Major electric generating facility" means an electric generating
facility with a nameplate generating capacity of twenty-five thousand
kilowatts or more, including interconnection electric transmission lines
[that are not subject to review under article VIII of this chapter] and
fuel gas transmission lines that are not subject to review under article
seven of this chapter.
§ 23. Paragraph (e) of subdivision 4 of section 162 of the public
service law, as amended by section 26 of part O of chapter 58 of the
laws of 2024, is amended to read as follows:
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(e) To a major renewable energy facility [as such term is defined in
article VIII of this chapter]; provided, however, that any person
intending to construct a major renewable energy facility, that has a
draft pre-application public involvement program plan pursuant to
section one hundred sixty-three of this article and the regulations
implementing this article, which is pending with the siting board as of
the effective date of this paragraph may remain subject to the
provisions of this article [or, may, by written notice to the secretary
of the commission, elect to become subject to the provisions of article
VIII of this chapter].
§ 24. Subdivision 1-a of section 66-r of the public service law, as
added by section 32 of part O of chapter 58 of the laws of 2024, is
amended to read as follows:
1-a. For the purposes of this section, an "other covered project"
means: (a) any "thermal energy network" as defined by subdivision twen-
ty-nine of section two of this chapter; (b) any offshore wind supply
chain project, including but not limited to port infrastructure, primary
component manufacturing, finished component manufacturing, subassembly
manufacturing, subcomponent manufacturing, or raw material producers, or
a combination thereof receiving direct funding from the New York state
energy research and development authority pursuant to an award under a
New York state energy research and development authority solicitation;
or (c) a "major utility transmission facility" as such term is defined
by section one hundred twenty of this chapter [or "major electric trans-
mission facility" as defined by article VIII of this chapter].
§ 25. This act shall take effect immediately; provided, however, that:
(a) the amendments to paragraph (b) of subdivision 5 of section 8-0111
of the environmental conservation law made by section three of this act
shall not affect the expiration and reversion of such subdivision pursu-
ant to section 34 of part O of chapter 58 of the laws of 2024, as
amended, when upon such date the provisions of section four of this act
shall take effect;
(b) the amendments to subdivision (B) of section 206 of the eminent
domain procedure law made by section five of this act shall be subject
to the expiration and reversion of such subdivision pursuant to section
34 of part O of chapter 58 of the laws of 2024, as amended, when upon
such date the provisions of section six of this act shall take effect;
(c) the amendments to subparagraph (g) of paragraph 3 of subdivision
(B) of section 402 of the eminent domain procedure law made by section
seven of this act shall not affect the expiration and repeal of such
subparagraph and shall expire and be deemed repealed therewith;
(d) the amendments to paragraph (d) of subdivision 2 of section
49-0307 of the environmental conservation law made by section eleven of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to section 34 of part O of chapter 58 of the laws of
2024, as amended, when upon such date the provisions of section twelve
of this act shall take effect;
(e) the amendments to paragraph (e) of subdivision 3 of section
49-0307 of the environmental conservation law made by section thirteen
of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 34 of part O of chapter 58 of the laws
of 2024, as amended, when upon such date the provisions of section four-
teen of this act shall take effect;
(f) the amendments to section 1900 of the public authorities law made
by section seventeen of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
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(g) the amendments to subdivision 7 of section 6-106 of the energy law
made by section eighteen of this act shall not affect the expiration and
repeal of such subdivision and shall expire and be deemed repealed ther-
ewith;
(h) the amendments to section 1014 of the public authorities law made
by section nineteen of this act shall not affect the expiration and
repeal of such section and shall expire and be deemed repealed there-
with;
(i) the amendments to subdivision 1 of section 1020-s of the public
authorities law made by section twenty of this act shall not affect the
expiration and repeal of such subdivision and shall expire and be deemed
repealed therewith;
(j) the amendments to paragraph (c) of subdivision 8 of section 1020-c
of the public authorities law made by section twenty-one of this act
shall not affect the expiration and repeal of such subdivision and shall
expire and be deemed repealed therewith;
(k) the amendments to subdivision 2 of section 160 of the public
authorities law made by section twenty-two of this act shall not affect
the expiration and repeal of such subdivision and shall expire and be
deemed repealed therewith; and
(l) the amendments to paragraph (e) of subdivision 4 of section 162 of
the public authorities law made by section twenty-three of this act
shall not affect the expiration and repeal of such subdivision and shall
expire and be deemed repealed therewith.
