S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8392
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the general municipal law  and  the  education  law,  in
   relation  to  excluding  renewable energy   pilot projects and certain
   energy system-related payments in lieu of taxes from  tax  cap  calcu-
   lations;  to  amend  the  executive law, in relation to establishing a
   distributed generation  energy  development  program;  and  making  an
   appropriation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (iv) of paragraph  (g)  of  subdivision  2  of
 section  3-c of the general municipal law, as added by section 1 of part
 A of chapter 97 of the laws of 2011, is amended and a  new  subparagraph
 (v) is added to read as follows:
   (iv)  in  years  in which the normal contribution rate of the New York
 state teachers' retirement system, as defined by paragraph a of subdivi-
 sion two of  section  five  hundred  seventeen  of  the  education  law,
 increases  by  more than two percentage points from the previous year, a
 tax levy necessary for expenditures for the coming fiscal year for local
 government employer  contributions  to  the  New  York  state  teachers'
 retirement system caused by growth in the normal contribution rate minus
 two percentage points[.];
   (V)  A  TAX LEVY NECESSARY FOR EXPENDITURES FOR RENEWABLE ENERGY PILOT
 PROGRAMS.
   § 2. Subparagraphs (iii) and (vi) of paragraph (c) of subdivision 3 of
 section 3-c of the general municipal law, as added by section 1 of  part
 A of chapter 97 of the laws of 2011, are amended to read as follows:
   (iii)  Add  any  payments in lieu of taxes that were receivable in the
 prior fiscal year, OTHER THAN PAYMENTS IN LIEU OF  TAXES  RECEIVABLE  IN
 CONNECTION  WITH  ENERGY SYSTEMS DEFINED IN SECTION FOUR HUNDRED EIGHTY-
 SEVEN OF THE REAL PROPERTY TAX LAW.
   (vi) Subtract any payments in lieu of taxes receivable in  the  coming
 fiscal  year,  OTHER  THAN  PAYMENTS  IN  LIEU  OF  TAXES  RECEIVABLE IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03487-04-4
              

 S. 8392                             2
 
 CONNECTION WITH ENERGY SYSTEMS DEFINED IN SECTION FOUR  HUNDRED  EIGHTY-
 SEVEN OF THE REAL PROPERTY TAX LAW.
   §  3. Subparagraphs 3 and 6 of paragraph a of subdivision 3 of section
 2023-a of the education law, as added by section 2 of part A of  chapter
 97 of the laws of 2011, are amended to read as follows:
   (3)  Add  any  payments  in  lieu of taxes that were receivable in the
 prior school year, OTHER THAN PAYMENTS IN LIEU OF  TAXES  RECEIVABLE  IN
 CONNECTION  WITH  ENERGY SYSTEMS DEFINED IN SECTION FOUR HUNDRED EIGHTY-
 SEVEN OF THE REAL PROPERTY TAX LAW.
   (6) Subtract any payments in lieu of taxes receivable  in  the  coming
 fiscal  year,  OTHER  THAN  PAYMENTS  IN  LIEU  OF  TAXES  RECEIVABLE IN
 CONNECTION WITH ENERGY SYSTEMS DEFINED IN SECTION FOUR  HUNDRED  EIGHTY-
 SEVEN OF THE REAL PROPERTY TAX LAW.
   § 4. The executive law is amended by adding a new section 94-d to read
 as follows:
   § 94-D. DISTRIBUTED GENERATION ENERGY DEVELOPMENT PROGRAM. 1. PURPOSE.
 IT IS THE PURPOSE OF THIS SECTION TO ADVANCE THE DEVELOPMENT OF DISTRIB-
 UTED  GENERATION  ENERGY  FACILITIES IN THIS STATE BY PROVIDING A SINGLE
 FORUM FOR A STATE-LEVEL APPEALS PROCESS IN WHICH THE OFFICE OF RENEWABLE
 ENERGY SITING MAY UNDERTAKE A COORDINATED AND TIMELY REVIEW OF  PROPOSED
 DISTRIBUTED  GENERATION  ENERGY FACILITIES TO MEET THE STATE'S RENEWABLE
 ENERGY GOALS WHILE  ENSURING  THE  PROTECTION  OF  THE  ENVIRONMENT  AND
 CONSIDERATION  OF  ALL  PERTINENT  SOCIAL,  ECONOMIC  AND  ENVIRONMENTAL
 FACTORS IN THE DECISION TO ADVANCE APPROVALS OF SUCH FACILITIES AS  MORE
 SPECIFICALLY PROVIDED IN THIS SECTION.
   2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
 THE OFFICE OF RENEWABLE ENERGY SITING.
   (B) "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY SITING  CREATED
 PURSUANT TO SECTION NINETY-FOUR-C OF THIS ARTICLE.
   (C)  "CLCPA  TARGETS"  MEANS  THE  PUBLIC  POLICIES ESTABLISHED IN THE
 CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT ENACTED BY  CHAPTER  ONE
 HUNDRED  SIX OF THE LAWS OF TWO THOUSAND NINETEEN, AS AMENDED, INCLUDING
 THE REQUIREMENT THAT A MINIMUM OF SEVENTY PERCENT OF THE STATEWIDE ELEC-
 TRIC GENERATION BE PRODUCED BY RENEWABLE ENERGY SYSTEMS BY TWO  THOUSAND
 THIRTY,  THAT  BY  THE  YEAR TWO THOUSAND FORTY THE STATEWIDE ELECTRICAL
 DEMAND SYSTEM WILL GENERATE ZERO EMISSIONS AND  THE  PROCUREMENT  OF  AT
 LEAST  TEN  GIGAWATTS  OF  PHOTOVOLTAIC SOLAR GENERATION BY TWO THOUSAND
 THIRTY AND TO SUPPORT SIX GIGAWATTS OF STATEWIDE ENERGY STORAGE CAPACITY
 BY TWO THOUSAND THIRTY.
   (D) "STATE AGENCY ACCOUNT" OR "ACCOUNT" MEANS THE ACCOUNT  ESTABLISHED
 BY THE OFFICE PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION.
   (E) "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
 OR  GOVERNING  BODY,  INCLUDING  ANY  CITY,  COUNTY, AND OTHER POLITICAL
 SUBDIVISION OF THE STATE OR ANY STATE AGENCY, OR OTHER GOVERNMENTAL UNIT
 OR AGENCY.
   (F) "MUNICIPALITY" MEANS A COUNTY,  CITY,  TOWN,  OR  VILLAGE  IN  THE
 STATE.
   (G) "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   (H) "DISTRIBUTED GENERATION ENERGY FACILITY" MEANS ANY RENEWABLE ENER-
 GY  SYSTEM, AS SUCH TERM IS DEFINED BY SECTION SIXTY-SIX-P OF THE PUBLIC
 SERVICE LAW, WITH A NAMEPLATE GENERATING  CAPACITY  OF  TWENTY  THOUSAND
 KILOWATTS  AC OR LESS. THE TERM "DISTRIBUTED GENERATION ENERGY FACILITY"
 SHALL INCLUDE ANY DISTRIBUTED ENERGY RESOURCE WITH A NAMEPLATE  CAPACITY
 S. 8392                             3
 
 OF TWENTY THOUSAND KILOWATTS AC OR LESS, PROVIDED THAT THE RESOURCE DOES
 NOT UTILIZE FOSSIL FUELS.
   (I)  "AFFECTED  PARTY"  MEANS  A PERMIT APPLICANT, LANDOWNER, A LEASE,
 EASEMENT OR OPTION HOLDER, INCLUDING BUT NOT LIMITED  TO  AN  INDIVIDUAL
 WHO  HAS AN IDENTIFIABLE AND SUBSTANTIAL LEGAL INTEREST IN THE PROPERTY,
 WHO HAS RECEIVED A PERMIT DENIAL, VARIANCE DENIAL, A  POSITIVE  DECLARA-
 TION  UNDER  THE  STATE ENVIRONMENTAL QUALITY REVIEW ACT, A LOCAL AGENCY
 HAS IMPOSED ARBITRARY AND CAPRICIOUS REQUESTS FOR SYSTEM  MODIFICATIONS,
 HAS IMPOSED MULTIPLE MORATORIUMS, HAS FAILED TO APPROVE A HARDSHIP WAIV-
 ER,  OR  A  LOCAL AGENCY HAS FAILED TO ACT TO APPROVE OR DENY THE PERMIT
 APPLICATION FOR MORE THAN THREE HUNDRED FIVE DAYS.
   (J) "AGENT" OR "AGENTS" MEANS AN AFFECTED  PARTY'S  BUSINESS  PARTNER,
 ATTORNEY,  CONSULTANT,  ENGINEER,  PLANNER, OR ANY INDIVIDUAL WITH LEGAL
 AUTHORITY TO REPRESENT AN APPELLANT'S INTERESTS.
   (K) "APPEALABLE ACTION" MEANS A PERMIT DENIAL, SITE PLAN DENIAL, VARI-
 ANCE DENIAL, A POSITIVE DECLARATION UNDER THE STATE ENVIRONMENTAL QUALI-
 TY REVIEW ACT, MUNICIPAL ACTION THAT RESULTS IN A DENIAL AND  CREATES  A
 PROHIBITION  OR  EFFECTIVE  PROHIBITION  WITHIN  THE MUNICIPALITY OF THE
 SERVICES PROVIDED BY ANY ELIGIBLE PROJECT AS SPECIFIED UNDER SUBDIVISION
 THREE OF  THIS  SECTION,  THE  IMPOSITION  OF  ARBITRARY  OR  CAPRICIOUS
 REQUESTS  FOR  SYSTEM MODIFICATIONS BY A LOCAL AGENCY, THE IMPOSITION OF
 MULTIPLE MORATORIUMS, FAILURE OF A LOCAL AGENCY TO  APPROVE  A  HARDSHIP
 WAIVER, OR A LOCAL AGENCY'S FAILURE TO ACT UPON A PERMIT APPLICATION FOR
 MORE THAN THREE HUNDRED FIVE DAYS.
   (L)  "APPELLANT"  MEANS AN AFFECTED PARTY WHO HAS FILED AN APPEAL OF A
 PERMIT DENIAL, SITE PLAN DENIAL, VARIANCE DENIAL, A POSITIVE DECLARATION
 UNDER THE STATE ENVIRONMENTAL QUALITY  REVIEW  ACT,  THE  IMPOSITION  OF
 ARBITRARY  OR  CAPRICIOUS  REQUESTS FOR SYSTEM MODIFICATIONS BY A  LOCAL
 AGENCY, THE IMPOSITION OF  MULTIPLE  MORATORIUMS,  AS  THESE  TERMS  ARE
 DEFINED  IN  THIS  SECTION,  OR  A  LOCAL AGENCY'S FAILURE TO ACT UPON A
 PERMIT APPLICATION FOR MORE THAN THREE HUNDRED FIVE DAYS.
   (M) "AREA VARIANCE DENIAL" MEANS A LOCAL AGENCY'S DENIAL OF AN  APPLI-
 CATION  FOR  AN  AREA VARIANCE OR DENIAL OF AN APPLICATION TO AMEND SUCH
 AREA VARIANCE.
   (N) "PERMIT DENIAL" MEANS A LOCAL AGENCY'S DENIAL  OF  AN  APPLICATION
 FOR  A SPECIAL USE PERMIT, A CONDITIONAL USE PERMIT, OR A SPECIAL EXCEP-
 TION, OR DENIAL OF AN APPLICATION TO RENEW OR AMEND SUCH PERMIT.
   (O) "SITE PLAN DENIAL" MEANS A LOCAL AGENCY'S DENIAL OF AN APPLICATION
 FOR SITE PLAN APPROVAL OR DENIAL OF AN APPLICATION  TO  RENEW  OR  AMEND
 SUCH SITE PLAN DENIAL.
   (P) "USE VARIANCE DENIAL" MEANS A LOCAL AGENCY'S DENIAL OF AN APPLICA-
 TION  FOR  A  USE VARIANCE OR DENIAL OF AN APPLICATION TO AMEND SUCH USE
 VARIANCE.
   (Q) "POSITIVE DECLARATION" MEANS  A  POSITIVE  DECLARATION  UNDER  THE
 STATE ENVIRONMENTAL QUALITY REVIEW ACT.
   (R) "DENIAL DETERMINATION" MEANS THE ADOPTION OF A RESOLUTION OR OTHER
 SUCH  ACTION BY A LOCAL AGENCY, OR THE CONTENT OF A LOCAL AGENCY'S MEET-
 ING MINUTES, WHICH MAY INCLUDE ANY OTHER COMMUNICATION  FROM  THE  LOCAL
 AGENCY.
   (S)  "NOTIFICATION LETTER" MEANS A FORM LETTER FROM THE OFFICE WEBSITE
 THAT CAN BE DOWNLOADED, POPULATED AND  SENT  TO  THE  LOCAL  AGENCY  VIA
 CERTIFIED  MAIL BY THE AFFECTED PARTY, NOTIFYING THE LOCAL AGENCY OF THE
 REQUEST FOR A DECLARATORY RULING.
   (T) "PERMIT APPEAL NOTIFICATION LETTER" MEANS A  LETTER  SENT  BY  THE
 OFFICE  VIA  CERTIFIED  MAIL  TO THE AFFECTED PARTY AND THE LOCAL AGENCY
 S. 8392                             4
 
 NOTIFYING SUCH AFFECTED PARTY AND LOCAL  AGENCY  OF  THE  DATES  OF  THE
 PERMIT APPEAL CONFERENCE.
   (U)  "PERMIT APPEAL CONFERENCE" MEANS A VIRTUAL CONFERENCE, CHAIRED BY
 THE LOCAL AGENCY, INCLUDING THE LOCAL AGENCY AND THE AFFECTED PARTY. THE
 PURPOSE OF THE APPEAL CONFERENCE IS TO ALLOW THE LOCAL AGENCY AN  OPPOR-
 TUNITY TO ASK QUESTIONS ABOUT, AND THE AFFECTED PARTY TO RESPOND TO, THE
 REQUEST FOR A DECLARATORY RULING AND THE DENIAL DETERMINATION.
   (V)  "REQUEST FOR DECLARATORY RULING" MEANS THE AFFECTED PARTY'S OFFI-
 CIAL REQUEST TO INITIATE THE APPEAL PROCESS. THE REQUEST FOR DECLARATORY
 RULING SHALL INCLUDE THE NAME OF THE AFFECTED PARTY, APPEALABLE  ACTION,
 THE  REASON  OR  REASONS  FOR  THE  APPEAL, AND ANY PREVIOUSLY SUBMITTED
 SUPPORTING DATA AND INFORMATION. A GRANT  OF  RIGHT  OF  ENTRY  FOR  THE
 OFFICE TO THE PROJECT SITE IS A CONDITION OF THE REQUEST FOR DECLARATORY
 RULING  TO  ALLOW  THE  OFFICE  TO  CLARIFY ELEMENTS OF THE RECORD OR TO
 CONDUCT FIELD TESTS OR VISUAL ASSESSMENTS FOR PURPOSES DIRECTLY  RELATED
 TO  THE APPEAL.  A STANDARD REQUEST FOR DECLARATORY RULING FORM SHALL BE
 PROVIDED TO THE AFFECTED PARTY. THE AFFECTED PARTY INITIATES THE  ADMIN-
 ISTRATIVE APPEAL PROCESS BY PROVIDING AN ACCEPTABLE REQUEST FOR DECLARA-
 TORY  RULING  TO THE OFFICE, WHICH INCLUDES A NOTIFICATION LETTER DELIV-
 ERED TO THE LOCAL AGENCY VIA CERTIFIED MAIL NOTIFYING THE  LOCAL  AGENCY
 OF THE AFFECTED PARTY'S REQUEST FOR DECLARATORY RULING.
   (W)  "STATE  ENVIRONMENTAL  QUALITY REVIEW ACT" MEANS ARTICLE EIGHT OF
 THE ENVIRONMENTAL CONSERVATION LAW.
   3. PROJECT ELIGIBILITY. THE  PERMITTING  STATE-LEVEL  APPEALS  PROCESS
 UNDER  THIS  SECTION  SHALL  ONLY BE AVAILABLE TO PROJECTS THAT MEET THE
 FOLLOWING CRITERIA:
   (A) A PROJECT WITH A NAMEPLATE CAPACITY OF TWENTY  THOUSAND  KILOWATTS
 AC OR LESS;
   (B) A PROJECT NOT SITED ON LAND BELONGING TO A NATIVE TRIBE; AND
   (C)  A  PROJECT  EXPERIENCING  UNREASONABLE LOCAL PERMITTING HARDSHIP,
 INCLUDING BUT NOT LIMITED TO:
   (I) A MUNICIPALITY OR LOCAL AGENCY HAS CODIFIED LOCAL  LAWS  REGARDING
 DISTRIBUTED  ENERGY  RESOURCES  THAT  ARE  EXCLUSIONARY OR IMPOSSIBLE TO
 COMPLY WITH, INCLUDING BUT NOT LIMITED TO INFEASIBLE RECYCLING  REQUIRE-
 MENTS,  TREE REMOVAL LIMITATIONS, SETBACK REQUIREMENTS, OR GROUND COVER-
 AGE RATIO RESTRICTIONS;
   (II) A MUNICIPALITY OR LOCAL AGENCY HAS ENACTED  REPEATED  MORATORIUMS
 ON SOLAR OR OTHER DISTRIBUTED ENERGY RESOURCES;
   (III) A MUNICIPALITY OR LOCAL AGENCY HAS MADE ARBITRARY AND CAPRICIOUS
 REQUESTS FOR SYSTEM MODIFICATIONS;
   (IV)  A  DEVELOPER  HAS  MADE  A GOOD-FAITH EFFORT TO SECURE MUNICIPAL
 APPROVAL BY UTILIZING THE  MUNICIPALITY'S  VARIANCE,  SITE  PLAN  AND/OR
 SPECIAL  USE PERMIT PROCESS AND HAS RECEIVED A DENIAL FROM A LOCAL AGEN-
 CY, OR THE LOCAL AGENCY HAS FAILED TO ACT;
   (V) A LOCAL AGENCY HAS FAILED TO APPROVE A HARDSHIP WAIVER; OR
   (VI) A LOCAL AGENCY HAS FAILED TO ACT TO APPROVE OR  DENY  THE  PERMIT
 APPLICATION FOR MORE THAN THREE HUNDRED FIVE DAYS.
   4.  PROCESS  AND TIMELINE. THE STREAMLINED STATE-LEVEL APPEALS PROCESS
 FOR DISTRIBUTED GENERATION ENERGY FACILITIES UNDER  THIS  SECTION  SHALL
 NOT  EXCEED SIXTY CALENDAR DAYS, PROVIDED THE APPELLANT'S APPLICATION IS
 COMPLETE, AND SHALL COMPLY WITH THE FOLLOWING:
   (A) THE FILING OF AN APPEAL SHALL OCCUR WHEN A COPY OF THE APPLICATION
 FOR APPEAL TO THE OFFICE OF RENEWABLE ENERGY SITING IS  FILED  WITH  THE
 TOWN CLERK OR THEIR EQUIVALENT;
   (B)  NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THE
 OFFICE SHALL, WITHIN THIRTY DAYS OF ITS RECEIPT OF AN APPLICATION FOR  A
 S. 8392                             5
 
 DECLARATORY  RULING,  DETERMINE WHETHER SUCH APPLICATION IS COMPLETE AND
 NOTIFY THE APPLICANT OF SUCH DETERMINATION. IF THE OFFICE DOES NOT  DEEM
 SUCH  APPLICATION  COMPLETE, THE OFFICE SHALL SET FORTH IN WRITING TO BE
 DELIVERED  TO  SUCH  APPLICANT  THE  REASONS  WHY IT HAS DETERMINED SUCH
 APPLICATION TO BE INCOMPLETE. IF THE OFFICE FAILS  TO  MAKE  A  DETERMI-
 NATION WITHIN SUCH THIRTY-DAY TIME PERIOD REQUIRED UNDER THIS PARAGRAPH,
 SUCH  APPLICATION SHALL BE DEEMED COMPLETE; PROVIDED, HOWEVER, THAT SUCH
 APPLICANT MAY CONSENT TO AN EXTENSION OF THE SIXTY-DAY TIME  PERIOD  FOR
 DETERMINING  APPLICATION  COMPLETENESS  PROVIDED UNDER THE OPENING PARA-
 GRAPH OF THIS SUBDIVISION.
   (C) FOR APPLICATIONS DEEMED COMPLETE, FOLLOWING CONSULTATION WITH  ANY
 RELEVANT  STATE AGENCY OR AUTHORITY, A FINAL DECLARATORY RULING SHALL BE
 ISSUED.   IN MAKING SUCH DETERMINATION, THE  OFFICE  MAY  ELECT  NOT  TO
 APPLY,  IN  WHOLE  OR  IN  PART,  ANY LOCAL LAW OR ORDINANCE WHICH WOULD
 OTHERWISE BE APPLICABLE IF THE OFFICE FINDS  THAT,  AS  APPLIED  TO  THE
 PROPOSED DISTRIBUTED GENERATION ENERGY FACILITY, SUCH LOCAL LAW OR ORDI-
 NANCE  IS UNREASONABLY   BURDENSOME IN VIEW OF THE CLCPA TARGETS AND THE
 ENVIRONMENTAL BENEFITS OF THE  PROPOSED  DISTRIBUTED  GENERATION  ENERGY
 FACILITY.
   (D)  NOTWITHSTANDING  ANY  OTHER  DEADLINE  MADE  APPLICABLE  BY  THIS
 SECTION, THE OFFICE SHALL MAKE A FINAL DECISION ON  AN  APPEAL  FOR  ANY
 DISTRIBUTED  GENERATION  ENERGY PROJECT WITHIN SIXTY DAYS OF RECEIVING A
 COMPLETE APPLICATION. UNLESS THE OFFICE AND THE APPLICANT HAVE AGREED TO
 AN EXTENSION, WITH SUCH EXTENSION LIMITED TO THIRTY DAYS, AND IF A FINAL
 DECLARATORY RULING DECISION HAS NOT BEEN MADE BY THE OFFICE WITHIN  SUCH
 TIME  PERIOD,  THEN SUCH DECLARATORY RULING SHALL BE DEEMED TO HAVE BEEN
 AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS SECTION.
   5. OFFICE OF RENEWABLE ENERGY SITING; RESPONSIBILITIES. (A) THE OFFICE
 OF RENEWABLE ENERGY SITING IS HEREBY CHARGED WITH THE REVIEW OF REQUESTS
 FOR DECLARATORY RULINGS ON DISTRIBUTED GENERATION ENERGY FACILITIES. THE
 OFFICE SHALL EXERCISE ITS AUTHORITY BY AND THROUGH THE EXECUTIVE  DIREC-
 TOR.
   (B)  THE  OFFICE SHALL, WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS OF THE
 EFFECTIVE DATE OF THIS SECTION, PROMULGATE THE NECESSARY RULES AND REGU-
 LATIONS TO IMPLEMENT THE APPEALS PROCESS  ESTABLISHED BY  THIS  SECTION,
 INCLUDING THE ESTABLISHMENT OF A SET OF UNIFORM STANDARDS AND CONDITIONS
 FOR THE PROCESS FOR SUCH DECLARATORY RULINGS RELEVANT TO ISSUES THAT ARE
 COMMON  FOR  DISTRIBUTED  GENERATION  ENERGY FACILITIES, IN CONSULTATION
 WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THE  DEPARTMENT  OF PUBLIC
 SERVICE, THE DEPARTMENT OF AGRICULTURE AND MARKETS, AND ANY OTHER  RELE-
 VANT  STATE  AGENCIES  AND  AUTHORITIES  WITH  SUBJECT MATTER EXPERTISE,
 PROVIDED THAT THE OFFICE  SHALL  PROMULGATE  REGULATIONS  REQUIRING  THE
 SERVICE OF APPEALS ON AFFECTED MUNICIPALITIES AND POLITICAL SUBDIVISIONS
 SIMULTANEOUSLY WITH SUBMISSION OF AN APPEAL TO THE OFFICE.
   (C)  THE  OFFICE,  BY  AND  THROUGH  THE  EXECUTIVE DIRECTOR, SHALL BE
 AUTHORIZED TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE
 DECLARATORY RULINGS, AND ADOPT SUCH RULES, REGULATIONS,  AND  PROCEDURES
 AS MAY BE NECESSARY, CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES
 OF THIS SECTION.
   (D) AT THE REQUEST OF THE OFFICE, ALL OTHER STATE AGENCIES AND AUTHOR-
 ITIES  ARE  HEREBY  AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO
 THE OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
   6. APPLICABILITY. (A)  BEGINNING  UPON  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  A  PERMIT RESULTING FROM AN APPEAL ISSUED BY THE OFFICE MAY BE
 TRANSFERRED OR ASSIGNED TO A PERSON  THAT  AGREES  TO  COMPLY  WITH  THE
 S. 8392                             6

 TERMS,  LIMITATIONS  AND  CONDITIONS CONTAINED IN SUCH PERMIT, AND SHALL
 APPLY TO ANY RENEWAL OF SUCH PERMIT.
   (B)  THE  OFFICE OR A PERMITTEE MAY INITIATE AN AMENDMENT TO AN APPEAL
 UNDER THIS SECTION. AN AMENDMENT INITIATED BY THE  OFFICE  OR  PERMITTEE
 THAT  IS  LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY ENVIRONMENTAL
 IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDITIONS OF  A
 DECLARATORY  RULING  SHALL  COMPLY  WITH  THE  PUBLIC NOTICE AND HEARING
 REQUIREMENTS OF THIS SECTION.
   (C) ANY HEARINGS OR DISPUTE  RESOLUTION  PROCEEDINGS  INITIATED  UNDER
 THIS SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO
 THIS SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OR ANY PERSON TO
 WHOM  THE  EXECUTIVE  DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
 CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF THE  OFFICE  AT  ANY
 TIME AND PLACE.
   7.  POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES; SCOPE
 OF SECTION. (A) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  INCLUDING
 WITHOUT  LIMITATION  ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW
 AND ARTICLE SEVEN OF THE PUBLIC SERVICE  LAW,  NO  OTHER  STATE  AGENCY,
 DEPARTMENT OR AUTHORITY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR
 ANY  AGENCY  THEREOF  MAY,  EXCEPT  AS  EXPRESSLY  AUTHORIZED UNDER THIS
 SECTION OR THE RULES AND REGULATIONS  PROMULGATED  UNDER  THIS  SECTION,
 REQUIRE ANY APPROVAL, CONSENT, PERMIT, CERTIFICATE, CONTRACT, AGREEMENT,
 OR OTHER CONDITION FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION,
 OR  DECOMMISSIONING  OF  A  DISTRIBUTED  GENERATION ENERGY FACILITY WITH
 RESPECT TO WHICH AN APPLICATION FOR A DECLARATORY RULING HAS BEEN FILED,
 PROVIDED IN THE CASE OF A  MUNICIPALITY,  POLITICAL  SUBDIVISION  OR  AN
 AGENCY  THEREOF,  SUCH  ENTITY  HAS RECEIVED NOTICE OF THE FILING OF THE
 APPLICATION THEREFOR. NOTWITHSTANDING THE PROVISIONS OF THIS  PARAGRAPH,
 THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION SHALL BE THE PERMITTING
 AGENCY FOR PERMITS ISSUED PURSUANT TO FEDERALLY DELEGATED  OR  FEDERALLY
 APPROVED PROGRAMS.
   (B)  THIS  SECTION  SHALL NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
 LOCAL  LABOR  LAWS  OR  ANY  OTHERWISE  APPLICABLE  STATE  LAW  FOR  THE
 PROTECTION  OF  EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
 DISTRIBUTED GENERATION ENERGY FACILITY.
   (C) THE DEPARTMENT OF PUBLIC SERVICE OR THE PUBLIC SERVICE  COMMISSION
 SHALL  MONITOR,  ENFORCE,  AND  ADMINISTER COMPLIANCE WITH ANY TERMS AND
 CONDITIONS SET FORTH IN A PERMIT ISSUED PURSUANT TO THIS SECTION AND  IN
 DOING  SO  MAY  USE  AND RELY ON AUTHORITY OTHERWISE AVAILABLE UNDER THE
 PUBLIC SERVICE LAW.
   8. FEES; STATE AGENCY ACCOUNT.  EACH  APPLICATION  FOR  A  DECLARATORY
 RULING  SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO ONE THOUSAND
 DOLLARS FOR EACH THOUSAND KILOWATTS ALTERNATING CURRENT OF  CAPACITY  OF
 THE  PROPOSED  DISTRIBUTED  GENERATION  ENERGY  FACILITY, WITH THE TOTAL
 AMOUNT OF SUCH FEE TO BE NOT LESS  THAN  ONE  THOUSAND  DOLLARS,  TO  BE
 DEPOSITED  IN  AN ACCOUNT TO BE KNOWN AS THE STATE AGENCY ACCOUNT ESTAB-
 LISHED FOR THE PURPOSE OF RECOVERING COSTS INCURRED BY THE OFFICE DURING
 THE PROCEEDING. ADDITIONALLY, FUNDS SHALL BE PERMITTED FOR SUBALLOCATION
 TO THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY FOR  THE
 SERVICES  AND  EXPENSES  OF  THE  CLEAN  ENERGY PROJECT SITING TEAM. THE
 OFFICE MAY UPDATE SUCH FEE PERIODICALLY SOLELY TO ACCOUNT FOR INFLATION.
   § 5. The sum of two million dollars ($2,000,000) is  hereby  appropri-
 ated  for  services and expenses, loans, grants, and other costs related
 to the clean energy project siting team of the New York energy  research
 and development authority to hire additional staff to expand and enhance
 outreach   to  municipalities,  county  economic  development  agencies,
 S. 8392                             7
 
 regional clean energy hubs, and community organizations  throughout  the
 State  to  provide  educational  opportunities  about  renewable  energy
 resources, benefits for host communities, community planning  resources,
 and  other related expenses, including administrative expenses needed to
 support the program and  funding  for  regional  clean  energy  hubs  to
 conduct education and outreach.
   § 6. This act shall take effect immediately.