S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3340--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  NORRIS, MORINELLO, D'URSO, COLTON, LAWRENCE,
   CROUCH, BYRNES -- read once and referred to the Committee on Energy --
   recommitted to the Committee on Energy  in  accordance  with  Assembly
   Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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 MUNICI-
 PALITY IN WHICH THE FACILITY APPLYING TO THE BOARD IS LOCATED.  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, "MUNICIPALITY" SHALL MEAN A CITY OR TOWN
 LOCATED IN THIS STATE.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02949-04-0

 A. 3340--A                          2
 
 retain jurisdiction with respect to the amendment, suspension or revoca-
 tion of a certificate.
   §  2.  Section  170  of  the  public service law is REPEALED and a new
 section 170 is added to read as follows:
   § 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
 MUNICIPALITY 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.  FOR THE PURPOSES OF THIS SECTION, "MUNICIPALITY" SHALL MEAN A
 CITY OR TOWN LOCATED IN THIS STATE.
   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.
   § 3. This act shall take effect immediately.