S T A T E   O F   N E W   Y O R K
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                                  8564

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            November 16, 2015
                               ___________

Introduced by M. of A. CORWIN -- 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 COUNTY  OR
DISTRICT IN WHICH THE FACILITY APPLYING TO THE BOARD IS LOCATED.
  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.
  S  2.  Section  170  of  the  public service law is REPEALED and a new
section 170 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13136-03-5

              

A. 8564                             2

  S 170. CERTIFICATION BY THE BOARD; ESTABLISHMENT BY  REFERENDUM.    1.
BEFORE  THE FINAL DECISION BY THE BOARD MAY BECOME EFFECTIVE, A REFEREN-
DUM MUST BE HELD UPON THE QUESTION OF APPROVING  AN  APPLICATION  FOR  A
CERTIFICATE  ESTABLISHING  A  MAJOR  ELECTRIC GENERATING FACILITY IN THE
DISTRICT OR COUNTY WHERE THE PROPOSED FACILITY INTENDS TO BE LOCATED AND
APPROVED  BY  FIFTY-ONE PER CENTUM OF VOTERS. IF A MAJORITY OF THE VOTES
CAST ARE IN FAVOR OF ESTABLISHING SUCH A FACILITY, IT SHALL BE MANDATORY
UPON THE BOARD TO ISSUE A CERTIFICATE.  SUCH  REFERENDUM  MUST  BE  HELD
WITHIN  SIXTY  DAYS,  BUT NOT EARLIER THAN THIRTY DAYS AFTER THE BOARD'S
DECISION.
  2. FINANCING OF ANY EXPENDITURE, IN WHOLE OR IN PART, SHALL  BE  DRAWN
FROM ANY MONIES REMAINING IN THE INTERVENER ACCOUNT. ANY FURTHER FINANC-
ING  OF  THIS  ENDEAVOR SHALL BE FINANCED PURSUANT TO ALTERNATIVE COUNTY
GOVERNMENT LAW.
  S 3. This act shall take effect immediately.