Legislation
SECTION 144
Powers of municipalities and state agencies and authorities
Public Service (PBS) CHAPTER 48, ARTICLE 8
* § 144. Powers of municipalities and state agencies and authorities.
1. Applicants shall, prior to filing an application, conduct meetings
with the respective chief executive officer of all municipalities in
which the proposed major renewable generation facility or major electric
transmission facility will be located. The applicant shall provide as
part of the application presentation materials and a summary of
questions raised, and responses provided during such meetings with
municipalities. In the event the applicant is unable to secure a meeting
with a relevant municipality the application shall contain a detailed
explanation of all of the applicant's best efforts and reasonable
attempts to secure such meeting, including, but not limited to, written
communications between the applicant and the municipality.
2. Notwithstanding any other provision of law, including without
limitation article eight of the environmental conservation law and
article VII of this chapter, no other state agency, department or
authority, or any municipality or political subdivision or any agency
thereof may, except as expressly authorized under this article or the
rules and regulations promulgated under this article, require any
approval, consent, permit, certificate, contract, agreement, or other
condition for the development, design, construction, operation, or
decommissioning of a major renewable energy facility or a major electric
transmission facility with respect to which an application for a siting
permit 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 foregoing, the
department of environmental conservation shall be the permitting agency
for permits issued pursuant to federally delegated or federally approved
programs.
3. 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
major renewable energy facility or major electric transmission facility.
4. ORES and the department shall monitor, enforce and administer
compliance with any terms and conditions set forth in a siting permit
issued pursuant to this article and in doing so may use and rely on
authority otherwise available under this chapter.
* NB Repealed December 31, 2040
1. Applicants shall, prior to filing an application, conduct meetings
with the respective chief executive officer of all municipalities in
which the proposed major renewable generation facility or major electric
transmission facility will be located. The applicant shall provide as
part of the application presentation materials and a summary of
questions raised, and responses provided during such meetings with
municipalities. In the event the applicant is unable to secure a meeting
with a relevant municipality the application shall contain a detailed
explanation of all of the applicant's best efforts and reasonable
attempts to secure such meeting, including, but not limited to, written
communications between the applicant and the municipality.
2. Notwithstanding any other provision of law, including without
limitation article eight of the environmental conservation law and
article VII of this chapter, no other state agency, department or
authority, or any municipality or political subdivision or any agency
thereof may, except as expressly authorized under this article or the
rules and regulations promulgated under this article, require any
approval, consent, permit, certificate, contract, agreement, or other
condition for the development, design, construction, operation, or
decommissioning of a major renewable energy facility or a major electric
transmission facility with respect to which an application for a siting
permit 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 foregoing, the
department of environmental conservation shall be the permitting agency
for permits issued pursuant to federally delegated or federally approved
programs.
3. 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
major renewable energy facility or major electric transmission facility.
4. ORES and the department shall monitor, enforce and administer
compliance with any terms and conditions set forth in a siting permit
issued pursuant to this article and in doing so may use and rely on
authority otherwise available under this chapter.
* NB Repealed December 31, 2040