S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2726
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 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 public service 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. Subdivision 5 of section 142 of the public service law,  as
 added  by  section  11  of  part O of chapter 58 of the laws of 2024, is
 amended and a new subdivision 5-a is added to read as follows:
   5. Following the expiration of the public comment period set forth  in
 this  section,  and  following  the  conclusion  of a hearing undertaken
 pursuant to subdivision four of this section, ORES shall, in the case of
 a public comment period, issue a written summary of public comments  and
 an  assessment  of comments received, and in the case of an adjudicatory
 hearing, the executive director or any  person  to  whom  the  executive
 director  has delegated such authority shall issue a final written hear-
 ing report. A final siting permit may only be issued  if  ORES  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 PURSU-
 ANT TO A  REFERENDUM HELD IN ACCORDANCE WITH SUBDIVISION FIVE-A OF  THIS
 SECTION. In making a final siting permit determination with respect to a
 major  renewable  energy facility, ORES may elect not to apply, in whole
 or in part, any local law or ordinance that would otherwise be  applica-
 ble  if it makes a finding that, as applied to the proposed facility, it
 is unreasonably burdensome in view of the CLCPA targets, and  the  envi-
 ronmental benefits.
   5-A.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW TO THE CONTRARY,
 BEFORE A DETERMINATION FOR A  FINAL  SITING  PERMIT  MAY  BE  CONSIDERED
 FINAL,  SUCH PERMIT SHALL BE SUBJECT TO APPROVAL THROUGH PUBLIC REFEREN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05589-01-5
              

 S. 2726                             2
 
 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  SUBDIVISION,  "MUNICIPALITY"  SHALL MEAN A CITY OR TOWN LOCATED IN
 THIS STATE.
   § 2. Subdivision 3 of section 1902 of the public authorities  law,  as
 amended  by  section  5  of part M of chapter 58 of the laws of 2024, 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, provided howev-
 er, that the authority shall not deem  any  site  for  qualified  energy
 storage  systems  suitable  without  first consulting any municipalities
 with jurisdiction over the  potential  build-ready  site  and  obtaining
 their  approval;  [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 environ-
 mental  justice  area and whether an environmental 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 142 of the public service 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.