What's happening
This bill requires a public referendum for local approval before the state board can authorize major electric generating facilities.
Why it matters
Empowers local voters with direct decision-making. By requiring a public referendum in the county or district where a major electric generating facility is proposed, the bill gives residents a direct say in whether such projects are approved, potentially increasing community buy-in or opposition.
Could slow or block state energy projects. The mandatory local referendum introduces an additional hurdle for developers and the state, which may delay or even halt projects that have already passed regulatory scrutiny at the state level, affecting timelines for renewable energy or other major power infrastructure.
Shifts balance between state and local authority. The amendment reduces the power of the state board and increases local control, which may lead to more varied outcomes across the state and complicate efforts to implement statewide energy policy or meet climate targets.
Financial implications for local governments and applicants. Funding for the referendum would first come from the intervener account (funds typically provided by project applicants for public participation), but if those funds are insufficient, local governments may need to seek alternative funding, potentially impacting local budgets.
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Who cares
Headline styles
Require Local Vote on Power Plants
Plain English, a few words. Used as the page title.
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History
- Referred to energy
- Referred to energy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3168
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. NORRIS -- read once and referred to the Committee 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 Assembly, do enact as follows:
Section 1. Subdivisions 1 and 7 of section 168 of the public service law, as added by chapter 388 of the laws of 2011, are amended to read as follows:
1. The board shall make the final decision on an application under this article for a certificate or amendment thereof, upon the record made before the presiding examiner, including any briefs or exceptions to any recommended decision of such examiner or to any report of the associate examiner, and after hearing such oral argument as the board shall determine. [Except for good cause shown to the satisfaction of the board, a determination under subdivision five of section one hundred sixty-seven of this article that the applicant's proposal is preferable to alternatives shall be final. Such a determination shall be subject to rehearing and review only after the final decision on an application is rendered.] Such a determination, before it shall be considered final, shall be subject to approval through public referendum by the county or district in which the facility applying to the board is located.
7. Following [any rehearing and any judicial review of the board's decision] the public referendum, the board's jurisdiction over an application shall cease, provided, however, that the permanent board shall retain jurisdiction with respect to the amendment, suspension or revocation of a certificate.
§ 2. Section 170 of the public service law is REPEALED and a new section 170 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07997-01-7
A. 3168 2
§ 170. Certification by the board; establishment by referendum. 1. Before the final decision by the board may become effective, a referendum must be held upon the question of approving an application for a certificate establishing a major electric generating facility in the district or county where the proposed facility intends to be located and approved by fifty-one per centum of voters. If a majority of the votes cast are in favor of establishing such a facility, it shall be mandatory upon the board to issue a certificate. Such referendum must be held within sixty days, but not earlier than thirty days after the board's decision.
2. Financing of any expenditure, in whole or in part, shall be drawn from any monies remaining in the intervener account. Any further financing of this endeavor shall be financed pursuant to alternative county government law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.