* § 145. Fees; local agency account. 1. Each application for a siting
permit shall be accompanied by a fee in an amount equal to the
following:

(a) for a major renewable energy facility, one thousand dollars for
each thousand kilowatts of capacity of the proposed major renewable
energy facility;

(b) for a major electric transmission facility of one hundred
twenty-five kilovolts or more extending a distance of over one hundred
miles, four hundred fifty thousand dollars;

(c) for a major electric transmission facility of one hundred
twenty-five kilovolts or more extending a distance of over fifty miles
to one hundred miles, three hundred fifty thousand dollars;

(d) for a major electric transmission facility requiring a new
right-of-way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, one hundred thousand dollars; and

(e) for a major electric transmission facility utilizing an existing
right-of-way and one hundred twenty-five kilovolts or more extending a
distance of ten miles to fifty miles, fifty thousand dollars.

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
ninety-four-c of the executive law for the benefit of local agencies and
community intervenors by the New York state energy research and
development 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 established
by this article, including the rules and regulations promulgated hereto;
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.

3. All funds so held by the New York state energy research and
development authority shall be subject to an annual independent audit as
part of such authority's audited financial statements, and such
authority shall prepare an annual report summarizing account balances
and activities for each fiscal year ending March thirty-first and
provide such report to the office of renewable energy siting and
electric transmissions no later than ninety days after commencement of
such fiscal year and post on the authority's website.

4. To the extent an applicant submitted intervenor funds pursuant to
article VII or X of this chapter and has now filed an application for a
siting permit pursuant to this article, any amounts held in an
intervenor account established pursuant to articles VII and X of this
chapter for that project shall be applied to the intervenor account
established by this section.

5. In addition to the fees established pursuant to this section, ORES
or the department, pursuant to regulations adopted pursuant to this
article, may assess a fee on applicants for the purpose of recovering
costs incurred by the office of renewable energy siting and electric
transmissions; provided, however, that public utilities that are subject
to section eighteen-a of this chapter shall not be assessed a fee for
such costs.

* NB Repealed December 31, 2040