N.Y. Public Service Law § 142
Application, notice, and review relating to major renewable energy facility siting
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
* § 142. Application for a certificate. 1. An applicant for a\ncertificate shall file with the chairman of the board an application, in\nsuch form as the board may prescribe containing the following\ninformation and materials:\n (a) a description of the site and a description of the facility to be\nbuilt thereon; including available site information, including maps and\ndescription, present and proposed development, source and volume of\nwater required for plant operation and cooling, and as appropriate,\ngeological, aesthetic, ecological, tsunami, seismic, biological, water\nsupply, population and load center data;\n (b) a description of any reasonable alternate location or locations\nfor, and alternate practical sources of power to, the proposed facility;\na description of the comparative advantages and disadvantages of each\nsuch location and source; and a statement of the reasons why the primary\nproposed location and source is best suited to promote the public health\nand welfare, including the recreational and other concurrent uses which\nthe site may serve;\n (c) studies, identifying the author and date thereof, which have been\nmade of the expected environmental impact and safety of the facility,\nboth during its construction and its operation, which studies are\nsufficient to identify (i) the anticipated gaseous, liquid and solid\nwastes to be produced at the facility including their source,\nanticipated volumes, composition and temperature, and such other\nattributes as the board may specify and the probable level of noise\nduring construction and operation of the facility; (ii) the treatment\nprocesses to reduce wastes to be released to the environment, the manner\nof disposal for wastes retained and measures for noise abatement; (iii)\nthe anticipated volumes of wastes to be released to the environment\nunder any operating condition of the facility, including such\nmeterological, hydrological and other information needed to support such\nestimates; (iv) conceptual architectural and engineering plans\nindicating compatibility of the facility with the environment; and (v)\nhow the construction and operation of the facility, including\ntransportation and disposal of wastes would comply with environmental\nhealth and safety standards, requirements, regulations and rules under\nstate and municipal laws, and a statement why any variances or\nexceptions should be granted;\n (d) estimated cost information, including plant costs by account, all\nexpenses by categories including fuel costs, plant service life and\ncapacity factor and total generating cost per kilowatt-hour, both at\nplant and including related transmission, and comparative costs of\nalternatives considered;\n (e) a statement explaining the need for the facility including (i)\nreasons that the facility is necessary or desirable for the public\nwelfare and is not incompatible with health and safety; (ii) the load\ndemands which the facility is designed to meet; (iii) how the facility\nwill contribute to system reliability, safety and efficiency; and (iv)\nthat the facility conforms to the current long range electric forecasts\nof the energy planning board; and\n (f) such other information as the applicant may consider relevant or\nas may be required by the board. Copies of the application, including\nthe required information, shall be filed with the board and shall be\navailable for public inspection.\n 2. Each application shall be accompanied by proof of service, in such\nmanner as the board shall prescribe, of: (a) a copy of such application\non\n (i) each municipality in which any portion of such facility is to be\nlocated as primarily proposed or in the alternative locations listed.\nSuch copy to a municipality shall be addressed to the chief executive\nofficer thereof and shall specify the date on or about which the\napplication is to be filed;\n (ii) each member of the board;\n (iii) the department of health;\n (iv) the department of commerce;\n (v) the department of agriculture and markets;\n (vi) the secretary of state;\n (vii) the attorney general;\n (viii) the department of transportation;\n (ix) a library serving the district of each member of the state\nlegislature in whose district any portion of the facility is to be\nlocated as primarily proposed or in the alternative locations listed;\n (x) in the event such facility or any portion thereof as primarily\nproposed or in the alternative locations listed is located within its\njurisdiction, the Hudson river valley commission;\n (xi) in the event such facility or any portion thereof as primarily\nproposed or in the alternative locations listed is located within its\njurisdiction, the St. Lawrence-eastern Ontario commission; and\n (xii) in the event that such facility or any portion thereof as\nprimarily proposed or in the alternative locations listed is located\nwithin the Adirondack park, as defined in subdivision one of section\n9-0101 of the environmental conservation law, the Adirondack park\nagency.\n (b) a notice of such application on\n (i) persons residing in municipalities entitled to receive a copy of\nthe application under subparagraph (i) of paragraph (a) of this\nsubdivision. Such notice shall be given by the publication of a summary\nof the application and the date on or about which it will be filed, to\nbe published under regulations to be promulgated by the board, in such\nform and in such newspaper or newspapers as will serve substantially to\ninform the public of such application;\n (ii) each member of the state legislature in whose district any\nportion of the facility is to be located as primarily proposed or in the\nalternative locations listed; and\n (iii) persons who have filed a statement with the board within the\npast twelve months that they wish to receive all such notices concerning\nfacilities in the area in which the facility is to be located as\nprimarily proposed or in the alternative locations listed.\n 3. Inadvertent failure of service on any of the municipalities,\npersons, agencies, bodies or commissions named in subdivision two of\nthis section shall not be jurisdicational and may be cured pursuant to\nregulations of the board designed to afford such persons adequate notice\nto enable them to participate effectively in the proceeding. In\naddition, the board may, after filing, require the applicant to serve\nnotice of the application or copies thereof or both upon such other\npersons and file proof thereof as the board may deem appropriate.\n 4. The board shall prescribe the form and content of an application\nfor an amendment of a certificate to be issued hereunder. Notice of such\nan application shall be given as set forth in subdivision two of this\nsection.\n 5. If an alternative location not listed in the application is\nproposed in the certification proceeding, notice of such proposed\nalternative shall be given as set forth in subdivision two of this\nsection.\n 6. (a) Each application shall be accompanied by a fee of one hundred\nfifty thousand dollars to be used to establish a fund (hereafter in this\nsection referred to as the "fund") to be disbursed at the board's\ndirection, to defray expenses incurred by municipal and other local\nparties to the proceeding (except a municipality which is the applicant)\nfor expert witness and consultant fees. The board shall provide\ntranscripts, reproduce and serve documents, and publish required\nnotices, for municipal parties. Any monies remaining in the fund, after\nthe board has issued its decision on an application under this article\nand the time for applying for a rehearing and judicial review has\nexpired, shall be returned to the applicant.\n (b) The one hundred fifty thousand dollar fee required by paragraph\n(a) of this subdivision shall be deposited in one or more separate\naccounts in one or more banks of the board's choosing insured by the\nfederal deposit insurance corporation. Notwithstanding any other\nprovision of law to the contrary, the board shall provide by rules and\nregulations for the management of the fund, for disbursements from the\nfund, and for the proper auditing of monies in the fund, which rules and\nregulations shall be consistent with the purpose of this section to make\navailable to municipal parties up to seventy-five thousand dollars from\nsuch fund for uses specified in this section. In addition, the board\nshall provide other local parties up to seventy-five thousand dollars,\nprovided however, that the board shall assure that such funds are made\navailable on an equitable basis in a manner which facilitates broad\npublic participation.\n 7. (a) The applicant shall also file with the chairman of the board,\neither concurrently with its application under subdivision one of this\nsection or in a separate document to be incorporated therein, such\nevidence as will enable the board to evaluate the facility's water\nintake and discharge systems and to reach a determination to issue\ntherefor, subject to appropriate conditions and limitations, a permit\nunder section four hundred two to the Federal Water Pollution Control\nAct amendments of nineteen hundred seventy-two (33 U.S.C. § 1342; P.L.\n92-500. § 286 Stat. 880), as amended.\n (b) After public notice and an opportunity to comment, the board shall\npromulgate such regulations as may be necessary to implement, with\nrespect to major steam electric generating facilities, the permit\nprogram of the national pollutant discharge elimination system\nestablished pursuant to section four hundred two of the Federal Water\nPollution Control Act amendments of nineteen hundred seventy-two. Such\nregulations shall be consistent with any state program requirements\nestablished by the United States environmental protection agency for\nstate participation in the national pollutant discharge elimination\nsystem permit program and shall include procedures for early\nconsideration and such prompt determination as is feasible of issues\narising under such permit program.\n * NB Expired January 1, 1989\n * NB Operative with regard to applications filed on or before December\n 31, 1988\n * NB There are 2 § 142's\n
* § 142. Application, notice, and review relating to major renewable\nenergy facility siting. 1. Notwithstanding any law to the contrary, ORES\nshall, within sixty days of its receipt of an application for a siting\npermit with respect to a major renewable energy facility subject to this\narticle determine whether the application is complete and notify the\napplicant of its determination. If ORES does not deem the application\ncomplete, ORES shall set forth in writing delivered to the applicant the\nreasons why it has determined the application to be incomplete. If ORES\nfails to make a determination within the foregoing sixty-day time\nperiod, the application shall be deemed complete; provided, however,\nthat the applicant may consent to an extension of the sixty-day time\nperiod for determining application completeness. Provided, further, that\nno application may be complete without proof of consultation with the\nmunicipality or political subdivision where the project is proposed to\nbe located, or an agency thereof, prior to submission of an application\nto ORES, related to procedural and substantive requirements of local\nlaw.\n 2. No later than sixty days following the date upon which an\napplication has been deemed complete, and following consultation with\nany relevant state agency or authority, ORES shall publish for public\ncomment draft permit conditions prepared by the office, which comment\nperiod shall be for a minimum of sixty days from public notice thereof,\nor notice of intent to deny with reasons thereof. Such public notice\nshall include, but shall not be limited to: (i) written notice to the\nmunicipalities or political subdivisions in which such project is\nproposed to be located; (ii) publication in a newspaper or in electronic\nform, having general circulation in such municipalities or political\nsubdivisions; (iii) posting the notice on the office of renewable energy\nsiting and electric transmissions and the department's website; and (iv)\nwritten notice to each member of the legislature through whose district\nthe facility proposed in the application would be located.\n 3. For any municipality, political subdivision or an agency thereof\nthat has received notice of the filing of an application, pursuant to\nregulations promulgated in accordance with this article, the\nmunicipality or political subdivision or agency thereof shall within the\ntimeframes established by this subdivision submit a statement to ORES\nindicating whether the proposed project is designed to be sited,\nconstructed and operated in compliance with applicable local laws and\nregulations, if any, concerning the environment, or public health and\nsafety. In the event that a municipality, political subdivision or an\nagency thereof submits a statement to ORES that the proposed project is\nnot designed to be sited, constructed or operated in compliance with\nlocal laws and regulations and ORES determines not to hold an\nadjudicatory hearing on the application, ORES shall hold a\nnon-adjudicatory public hearing in or near one or more of the affected\nmunicipalities or political subdivisions. In any such adjudicatory\nhearing, ORES or the department, shall designate members of its staff to\nrepresent the public interest, including with respect to the application\nof local and state laws.\n 4. If public comments on a draft permit condition published by ORES\npursuant to this section, including comments provided by a municipality\nor political subdivision or agency thereof, landowners, or members of\nthe public, raise a substantive and significant issue, as defined in\nregulations adopted pursuant to this article, that requires\nadjudication, ORES shall promptly fix a date for an adjudicatory hearing\nto hear arguments and consider evidence with respect thereto.\n 5. Following the expiration of the public comment period set forth in\nthis section, and following the conclusion of a hearing undertaken\npursuant to subdivision four of this section, ORES shall, in the case of\na public comment period, issue a written summary of public comments and\nan assessment of comments received, and in the case of an adjudicatory\nhearing, the executive director or any person to whom the executive\ndirector has delegated such authority shall issue a final written\nhearing report. A final siting permit may only be issued if ORES makes a\nfinding that the proposed project, together with any applicable uniform\nand site-specific standards and conditions, would comply with applicable\nlaws and regulations. In making a final siting permit determination with\nrespect to a major renewable energy facility, ORES may elect not to\napply, in whole or in part, any local law or ordinance that would\notherwise be applicable if it makes a finding that, as applied to the\nproposed facility, it is unreasonably burdensome in view of the CLCPA\ntargets, and the environmental benefits.\n 6. Notwithstanding any other deadline made applicable by this section,\nORES shall make a final decision on a major renewable energy facility\nsiting permit within one year from the date the application was deemed\ncomplete, or within six months from the date the application was deemed\ncomplete if such application relates to a major renewable energy\nfacility that is proposed to be sited on an existing or abandoned\ncommercial use, including without limitation, brownfields, landfills,\nformer commercial or industrial sites, dormant electric generating\nsites, and abandoned or otherwise underutilized sites, as further\ndefined by the regulations promulgated by or in effect under this\narticle. Unless ORES and the applicant have agreed to an extension and\nif a final siting permit decision has not been made by ORES within such\ntime period, then such siting permit shall be deemed to have been\nautomatically granted for all purposes set forth in this article and all\nuniform conditions or site specific permit conditions issued for public\ncomment shall constitute enforceable provisions of the siting permit;\nprovided, however, any portion of which is to be located on the land of\na landowner for which the applicant lacks an existing right-of-way\nagreement or valid and enforceable lease or easement for use of such\nrelevant property, no such permit shall be automatically granted. The\nfinal siting permit related to a major renewable energy facility shall\ninclude a provision requiring the permittee to provide a host community\nbenefit, which may be a host community benefit as determined by the\ncommission pursuant to section eight of part JJJ of chapter fifty-eight\nof the laws of two thousand twenty or such other project as determined\nby ORES or as subsequently agreed to between the applicant and the host\ncommunity.\n * NB Repealed December 31, 2040\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.