S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4508
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the public service law,  in  relation  to  allowing  for
   municipal  enforcement  of  the New York state uniform fire prevention
   and building code and to the disbursement of  intervenor  funds  under
   the major renewable energy development program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 144 of the public service law is amended by  adding
 a new subdivision 5 to read as follows:
   5.  THIS ARTICLE SHALL NOT IMPAIR OR ABROGATE MUNICIPAL ENFORCEMENT OF
 THE NEW YORK STATE UNIFORM  FIRE  PREVENTION  AND  BUILDING  CODE  UNDER
 SECTION THREE HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
   §  2. Subdivision 2 of section 145 of the public service law, as added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   2. Such fee is to be deposited in an account to be known as the  local
 agency  account established by subdivision seven of former section nine-
 ty-four-c of the executive law for the benefit  of  local  agencies  and
 community intervenors by the New York state energy research and develop-
 ment  authority and maintained in a segregated account in the custody of
 the commissioner of taxation and finance. ORES, in consultation with the
 department, may update  the  fee  periodically  solely  to  account  for
 inflation. The proceeds of such account shall be disbursed by the office
 of  renewable  energy  siting  and electric transmissions, in accordance
 with eligibility and procedures established by the rules and regulations
 promulgated by ORES or the department pursuant to  this  article  or  in
 effect  as  of the effective date of this article, for the participation
 of local agencies and community intervenors in  public  comment  periods
 [or],  hearing  procedures,  AND  COMPLIANCE FILINGS established by this
 article,  including  the  rules  and  regulations  promulgated   hereto;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08035-01-5
              

 A. 4508                             2
 
 provided  that  fees  must  be  disbursed  for municipalities, political
 subdivisions or an agency  thereof,  to  determine  whether  a  proposed
 project  is designed to be sited, constructed and operated in compliance
 with  the  applicable local laws and regulations. SUCH PROCEEDS MAY ALSO
 BE DISBURSED TO REIMBURSE ANY EXPENSES INCURRED IN CONNECTION WITH  PRE-
 APPLICATION  ACTIVITIES  OCCURRING  NO EARLIER THAN NINETY DAYS PRIOR TO
 THE SUBMISSION OF SUCH APPLICATION TO THE OFFICE.  EXPENSES ELIGIBLE FOR
 REIMBURSEMENT SHALL INCLUDE, BUT ARE NOT  LIMITED  TO,  EXPERT  WITNESS,
 CONSULTANT,  ADMINISTRATIVE  AND LEGAL FEES. FOR THE AVOIDANCE OF DOUBT,
 ANY PROCEEDS DISBURSED PURSUANT TO THIS SUBDIVISION SHALL NOT BE USED IN
 CONNECTION WITH JUDICIAL REVIEW OR LITIGATION.
   § 3. This act shall take effect immediately;  and  provided,  however,
 that  the  amendments  to sections 144 and 145 of the public service law
 made by sections one and two of this act shall not affect the repeal  of
 such sections and shall be deemed repealed therewith.