BILL NUMBER: S9917
SPONSOR: WALCZYK
 
TITLE OF BILL:
An act to amend the public service law, in relation to authorizing muni-
cipalities to require a permit for certain energy projects
 
PURPOSE:
This bill restores local control over energy projects by authorizing
municipalities to require permits and approval for siting, construction
and operation of major renewable energy facilities, battery storage
systems, electric transmission facilities, and electric generating
facilities.
 
SUMMARY OF PROVISIONS:
Section 1 contains the legislative findings, emphasizing that New York
is a home rule state and that the will of local communities should come
first when determining if a renewable energy project is right for such
community.
Section 2 amends subdivision 1 of section 140 of the public service law
to require that developers of major renewable energy facilities obtain
not only a state siting permit, but also any permit required by the
municipality or political subdivision in which the facility is located.
Section 3 amends subdivision 1 of section 141 of the public service law
to require that developers of major electric transmission facilities
obtain not only a state siting permit, but also any permit required by
the municipality or political subdivision in which the facility is
located.
Section 4 amends subdivision 2 of section 144 of the public service law
to allow municipalities and political subdivisions to require approvals
and permits for energy projects, removing previous limitations that gave
municipalities a notice of the filing only.
Section 5 adds a new subdivision to section 172 to explicitly authorize
municipalities to require any approval, consent, permit, certificate,
contract, agreement, or other condition for development, design,
construction, operation, or decommissioning of major electric generating
facilities.
Section 6 is the effective date and clarifies the interaction of amend-
ments with the repeal provisions.
 
JUSTIFICATION:
Under the current Office of Renewable Energy Siting and Electric Trans-
mission (ORES) framework, local laws and zoning regulations can be over-
ridden if deemed "unreasonably burdensome" to the goals of the Climate
Leadership and Community Protection Act (CLCPA), leaving municipalities
and residents with limited ability to influence projects that may
significantly alter their communities.
New York has long operated under the principle of home rule, allowing
local governments to make decisions regarding land use and community
development. People have the most influence over their communities and
are best positioned to understand the needs, character and priorities of
their communities. However, recent state policies have shifted this
balance, concentrating final authority at the state level through ORES,
limiting local participation to narrow comment periods with short turn-
around times.
This legislation restores balance by ensuring municipalities have
authority to require permits and approvals for major energy infrastruc-
ture projects being built within their boundaries. It reaffirms the role
of local land use decisions, protects community input, and ensures that
large scale renewable energy and transmission projects proceed with the
consent and oversight of the communities they impact.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S9917: 140 public service law, 140(1) public service law, 141 public service law, 141(1) public service law, 144 public service law, 144(2) public service law, 172 public service law