NY State Senate Bill 2021-S3715

Archive: Last 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to finance
Jan 30, 2021	referred to finance

co-Sponsors

2021-S3715 (ACTIVE) - Details

See Assembly Version of this Bill:: A3901
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §94-c, Exec L; amd §1902, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8284, A10375
2023-2024: S1411, A2365

2021-S3715 (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.

2021-S3715 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3715

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the executive law and the public authorities law, in
relation to requiring 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 JJJ 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 authorities law, as added by
section 6 of part JJJ of chapter 58 of the laws of 2020, to include a
public referendum on the question of approving a certificate establish-
ing 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 for a 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
amendments that can be made to the Siting Process that will still adhere
to the original intent of the legislation, but will allow for more
community input, protect municipal "home rule," and by doing so, prevent
an Albany appointed official from ignoring the wishes of local communi-
ties. 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:

2019-2020: Referred to Finance.
New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.
 
EFFECTIVE DATE:
Immediately.

2021-S3715 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3715
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 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 executive 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. Paragraph (e) of subdivision 5 of section 94-c of the exec-
 utive  law,  as added by section 4 of part JJJ of chapter 58 of the laws
 of 2020, is amended and a new  paragraph  (f-1)  is  added  to  read  as
 follows:
   (e) Following the expiration of the public comment period set forth in
 this  subdivision,  or  following the conclusion of a hearing undertaken
 pursuant to this subdivision, the office shall, in the case of a  public
 comment period, issue a written summary of public comment and an assess-
 ment  of  comments received, and in the case of an adjudicatory hearing,
 the executive officer or any person to whom the executive  director  has
 delegated  such authority, shall issue a final written hearing report. A
 final siting permit may only be issued if the  office  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 PURSUANT TO
 A  REFERENDUM  HELD  IN  ACCORDANCE  WITH  PARAGRAPH   (F-1)   OF   THIS
 SUBDIVISION.   In making this determination, the office may elect not to
 apply, in whole or in part, any  local  law  or  ordinance  which  would
 otherwise  be  applicable  if it makes a finding that, as applied to the
 proposed major renewable energy facility, it is unreasonably  burdensome
 in  view  of  the  CLCPA  targets  and the environmental benefits of the
 proposed major renewable energy facility.
   (F-1) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE  CONTRARY,
 BEFORE  A  DETERMINATION  FOR  A  FINAL  SITING PERMIT MAY BE CONSIDERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01798-01-1

 S. 3715                             2
 
 FINAL, SUCH PERMIT SHALL BE SUBJECT TO APPROVAL THROUGH PUBLIC  REFEREN-
 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 PARAGRAPH, "MUNICIPALITY" SHALL MEAN A CITY OR TOWN LOCATED IN THIS
 STATE.
   § 2. Subdivision 3 of section 1902 of the public authorities  law,  as
 added  by  section  6  of part JJJ of chapter 58 of the laws of 2020, 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; [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 environmental justice area and whether an environ-
 mental 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 94-c of the executive 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.

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Senate Bill S3715

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2021-S3715 (ACTIVE) - Details

2021-S3715 (ACTIVE) - Summary

2021-S3715 (ACTIVE) - Sponsor Memo

2021-S3715 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3715

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

Daphne Jordan

2021-S3715 (ACTIVE) - Details

2021-S3715 (ACTIVE) - Summary

2021-S3715 (ACTIVE) - Sponsor Memo

2021-S3715 (ACTIVE) - Bill Text download pdf

Comments