New York A 4682: Requires a public referendum to approve a final siting permit

Bill Text

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A04682 Summary:

BILL NOA04682 

&nbsp

SAME ASNo Same As

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SPONSORBologna

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COSPNSR

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MLTSPNSR

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Amd §§137, 138, 140, 142 & 144, Pub Serv L; amd §§1901 & 1902, Pub Auth L

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Relates to requiring approval through public referendum in the municipality in which a major electric generating facility is intended to be located prior to final determination for a final siting permit.

Go to top A04682 Actions:

BILL NOA04682 

&nbsp

02/04/2025referred to energy

01/07/2026referred to energy

Go to topA04682 Committee&nbspVotes:

Go to topA04682 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04682 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4682

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. BOLOGNA -- read once and referred to the Commit-
 tee on Energy

 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:

 1 Section 1. Section 137 of the public service law is amended by adding
 2 a new subdivision 14 to read as follows:
 3 14. "Battery energy storage site", which, for purposes of the siting
 4 of a major renewable energy facility, excludes standalone battery energy
 5 storage systems and sites, shall mean a site housing a battery energy
 6 storage system equipped with rechargeable batteries that can store elec-
 7 tricity from the grid or renewable sources like solar and wind power, to
 8 be released later when needed, helping to balance energy supply and
 9 demand. "Battery energy storage system" denotes one or more devices,
 10 assembled together, capable of storing energy in order to supply elec-
 11 trical energy at a future time, not to include a standalone twelve-volt
 12 car battery or an electric motor vehicle, and may be classified as a
 13 tier one or tier two battery energy storage system as follows: (a) tier
 14 one battery energy storage systems shall possess an aggregate energy
 15 capacity less than or equal to six hundred kilowatt hours and, if in a
 16 room or enclosed area, consist of only a single energy storage system
 17 technology; and (b) tier two battery energy storage systems shall
 18 possess an aggregate energy capacity greater than six hundred kilowatt
 19 hours or are comprised of more than one storage battery technology in a
 20 room or enclosed area.
 21 § 2. Subdivision 1 of section 138 of the public service law, as added
 22 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 23 read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05589-03-5

 A. 4682 2

 1 1. (a) ORES shall be authorized to establish and amend, subject to the
 2 approval of the commission, a set of uniform standards and conditions
 3 for the siting, design, construction and operation of each type of major
 4 renewable energy facility subject to this article, and accompanying
 5 battery energy storage sites, relevant to issues that are common for
 6 particular classes and categories of major renewable energy facilities,
 7 in consultation with other offices within the department, the New York
 8 state energy research and development authority, the department of envi-
 9 ronmental conservation, the department of agriculture and markets, and
 10 other relevant state agencies and authorities with subject matter exper-
 11 tise.
 12 (b) The uniform standards and conditions established pursuant to this
 13 subdivision shall be designed to avoid or minimize, to the maximum
 14 extent practicable, any potential significant adverse environmental
 15 impacts related to the siting, design, construction and operation of a
 16 major renewable energy facility and accompanying battery energy storage
 17 sites. Such uniform standards and conditions shall apply to those envi-
 18 ronmental impacts ORES determines are common to each type of major
 19 renewable energy facility.
 20 (c) In its review of an application for a permit to develop a major-
 21 renewable energy facility, ORES, in consulta