S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3852
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced by M. of A. NORRIS, BYRNES, COLTON, HAWLEY, MORINELLO -- 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  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
 retain jurisdiction with respect to the amendment, suspension or revoca-
 tion of a certificate.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01574-01-1
              

 A. 3852                             2
 
   §  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.