N.Y. Public Service Law § 145
Fees; local agency account
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
* § 145. Conduct of hearing. 1. The hearing shall be conducted in an\nexpeditious manner by a presiding examiner appointed by the department.\nAn associate hearing examiner shall be appointed by the department of\nenvironmental conservation prior to the date set for commencement of the\npublic hearing. The associate examiner shall attend all hearings as\nscheduled by the presiding examiner and he shall assist the presiding\nexaminer in inquiring into and calling for testimony concerning relevant\nand material matters. The conclusions and recommendations of the\nassociate examiner shall be incorporated in the recommended decision of\nthe presiding examiner, unless the associate examiner prefers to submit\na separate report of dissenting or concurring conclusions and\nrecommendations.\n The testimony presented at a hearing may be presented in writing or\norally. The board may require any state agency to provide expert\ntestimony on specific subjects where its personnel have the requisite\nexpertise and such testimony is considered necessary to the development\nof an adequate record. A record shall be made of the hearing and of all\ntestimony taken and the cross-examinations thereon. The rules of\nevidence applicable to proceedings before a court shall not apply. The\npresiding examiner may provide for the consolidation of the\nrepresentation of parties, other than governmental bodies or agencies,\nhaving similar interests. In the case of such a consolidation, the right\nto counsel of its own choosing shall be preserved to each party to the\nproceeding provided that the consolidated group may be required to be\nheard through such reasonable number of counsel as the presiding\nexaminer shall determine. Appropriate regulations shall be issued by the\nboard to provide for prehearing discovery procedures by parties to a\nproceeding, consolidation of the representation of parties, the\nexclusion of irrelevant, repetitive, redundant or immaterial evidence,\nand the review of rulings by presiding examiners.\n 2. A copy of the record shall be made available by the board at all\nreasonable times for examination by the public.\n 3. The chairman of the board may enter into an agreement with an\nagency or department of the United States having concurrent jurisdiction\nover all or part of the location, construction, or operation of a major\nsteam electric generating facility subject to this article with respect\nto providing for joint procedures and a joint hearing of common issues\non a combined record, provided that such agreement shall not diminish\nthe rights accorded to any party under this article.\n 4. The presiding examiner shall cause proffered testimony to be\nreceived on alternate site and source proposals provided notice of the\nintent to submit such testimony shall be given within such period as the\nboard shall prescribe by regulation, which period shall be not less than\nthirty nor more than sixty days after the commencement of the hearing.\nNevertheless, in its discretion, the board may thereafter cause to be\nconsidered other potential sites and sources and cause testimony to be\naccepted thereon.\n 5. Notwithstanding the provisions of subdivision four of this section,\nthe board may, by regulation, promulgate procedures to permit a prompt\ndetermination by the board on the sufficiency of the applicant's\nconsideration and evaluation of alternatives to its proposed type of\nmajor steam electric generating facility and its proposed location for\nthat facility before resolution of other issues pertinent to a final\ndetermination on the application. Such procedures shall assure that all\ninterested parties have reasonable opportunity to question and present\nevidence in support of or against the merits of the applicant's\nconsideration and evaluation of alternatives, so that the board is able\nto decide, in the first instance, whether the applicant's proposal is\npreferable to alternatives.\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 § 145's\n
* § 145. Fees; local agency account. 1. Each application for a siting\npermit shall be accompanied by a fee in an amount equal to the\nfollowing:\n (a) for a major renewable energy facility, one thousand dollars for\neach thousand kilowatts of capacity of the proposed major renewable\nenergy facility;\n (b) for a major electric transmission facility of one hundred\ntwenty-five kilovolts or more extending a distance of over one hundred\nmiles, four hundred fifty thousand dollars;\n (c) for a major electric transmission facility of one hundred\ntwenty-five kilovolts or more extending a distance of over fifty miles\nto one hundred miles, three hundred fifty thousand dollars;\n (d) for a major electric transmission facility requiring a new\nright-of-way and one hundred twenty-five kilovolts or more extending a\ndistance of ten miles to fifty miles, one hundred thousand dollars; and\n (e) for a major electric transmission facility utilizing an existing\nright-of-way and one hundred twenty-five kilovolts or more extending a\ndistance of ten miles to fifty miles, fifty thousand dollars.\n 2. Such fee is to be deposited in an account to be known as the local\nagency account established by subdivision seven of former section\nninety-four-c of the executive law for the benefit of local agencies and\ncommunity intervenors by the New York state energy research and\ndevelopment authority and maintained in a segregated account in the\ncustody of the commissioner of taxation and finance. ORES, in\nconsultation with the department, may update the fee periodically solely\nto account for inflation. The proceeds of such account shall be\ndisbursed by the office of renewable energy siting and electric\ntransmissions, in accordance with eligibility and procedures established\nby the rules and regulations promulgated by ORES or the department\npursuant to this article or in effect as of the effective date of this\narticle, for the participation of local agencies and community\nintervenors in public comment periods or hearing procedures established\nby this article, including the rules and regulations promulgated hereto;\nprovided that fees must be disbursed for municipalities, political\nsubdivisions or an agency thereof, to determine whether a proposed\nproject is designed to be sited, constructed and operated in compliance\nwith the applicable local laws and regulations.\n 3. All funds so held by the New York state energy research and\ndevelopment authority shall be subject to an annual independent audit as\npart of such authority's audited financial statements, and such\nauthority shall prepare an annual report summarizing account balances\nand activities for each fiscal year ending March thirty-first and\nprovide such report to the office of renewable energy siting and\nelectric transmissions no later than ninety days after commencement of\nsuch fiscal year and post on the authority's website.\n 4. To the extent an applicant submitted intervenor funds pursuant to\narticle VII or X of this chapter and has now filed an application for a\nsiting permit pursuant to this article, any amounts held in an\nintervenor account established pursuant to articles VII and X of this\nchapter for that project shall be applied to the intervenor account\nestablished by this section.\n 5. In addition to the fees established pursuant to this section, ORES\nor the department, pursuant to regulations adopted pursuant to this\narticle, may assess a fee on applicants for the purpose of recovering\ncosts incurred by the office of renewable energy siting and electric\ntransmissions; provided, however, that public utilities that are subject\nto section eighteen-a of this chapter shall not be assessed a fee for\nsuch costs.\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.