New York A 4702: Relates to decisions by the state board on electric generation; repealer

Bill Text

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A04702 Summary:

BILL NOA04702 

&nbsp

SAME ASSAME AS S02724

&nbsp

SPONSORBologna

&nbsp

COSPNSRHawley

&nbsp

MLTSPNSR

&nbsp

Amd §168, rpld & add §170, Pub Serv L

&nbsp

Relates to decisions by the state board on electric generation; requires approval through public referendum prior to certification for establishing a major electric generating facility.

Go to top A04702 Actions:

BILL NOA04702 

&nbsp

02/04/2025referred to energy

05/20/2025held for consideration in energy

01/07/2026referred to energy

Go to topA04702 Committee&nbspVotes:

Committee:ENERGY Chair:Barrett 
DATE:05/20/2025AYE/NAY:11/5 Action: Held for Consideration BarrettAyePalmesanoNay

SantabarbaraAyeBlankenbushNay

DilanAyeManktelowNay

SternAyeGrayNay

AndersonAyePirozzoloNay

RiveraAye

MamdaniExcused

ConradAye

LucasAye

ShresthaAye

ClarkAye

DaisAye

Go to topA04702 Floor&nbspVotes:

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

Go to topA04702 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4702

 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, in relation to decisions by the
 state board on electric generation; and to repeal certain provisions
 of such law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1 and 7 of section 168 of the public service
 2 law, as added by chapter 388 of the laws of 2011, are amended to read as
 3 follows:
 4 1. The board shall make the final decision on an application under
 5 this article for a certificate or amendment thereof, upon the record
 6 made before the presiding examiner, including any briefs or exceptions
 7 to any recommended decision of such examiner or to any report of the
 8 associate examiner, and after hearing such oral argument as the board
 9 shall determine. [Except for good cause shown to the satisfaction of the
 10 board, a determination under subdivision five of section one hundred
 11 sixty-seven of this article that the applicant's proposal is preferable
 12 to alternatives shall be final. Such a determination shall be subject to
 13 rehearing and review only after the final decision on an application is
 14 rendered.] Such a determination, before it shall be considered final,
 15 shall be subject to approval through public referendum by the munici-
 16 pality in which the facility applying to the board is located. For the
 17 purposes of this subdivision, "municipality" shall mean a city or town
 18 located in this state.
 19 7. Following [any rehearing and any judicial review of the board's
 20 decision] the public referendum, the board's jurisdiction over an appli-
 21 cation shall cease, provided, however, that the permanent board shall
 22 retain jurisdiction with respect to the amendment, suspension or revoca-
 23 tion of a certificate.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03954-01-5

 A. 4702 2

 1 § 2. Section 170 of the public service law is REPEALED and a new
 2 section 170 is added to read as follows:
 3 § 170. Certification by the board; establishment by referendum. 1.
 4 Before the final decision by the board may become effective, a referen-
 5 dum must be held upon the question of approving an application for a
 6 certificate establishing a major electric generating facility in the
 7 municipality where the proposed facility intends to be located and
 8 approved by fifty-one per centum of voters. If a majority of the votes
 9 cast are in favor of establishing such a facility, it shall be mandatory
 10 upon the board to issue a certificate. Such referendum must be held
 11 within sixty days, but not earlier than thirty days after the board's
 12 decision. For the purposes of this section, "municipality" shall mean a
 13 city or town located in this state.
 14 2. Financing of any expenditure, in whole or in part, shall be drawn
 15 from any monies remaining in the intervener account. Any further financ-
 16 ing of this endeavor shall be financed pursuant to alternative county
 17 government law.
 18 § 3. This ac