What's happening
This bill limits state and local authority over major facility construction or operation, with exceptions for specific safety and building code enforcement.
Why it matters
Centralizes authority over major facility projects. The bill significantly reduces the ability of state and local governments to require their own approvals or permits for constructing or operating major facilities, meaning decisions about these projects would be made primarily by the state Public Service Commission.
Exceptions for essential safety enforcement. While curtailing local oversight, the bill preserves local and state authority to enforce laws related to worker safety and the New York State Uniform Fire Prevention and Building Code, ensuring some safeguards remain in place for health and public safety.
Accelerates project timelines and limits local obstacles. By removing the need for multiple layers of approval, the legislation aims to streamline the permitting process for major infrastructure projects, potentially speeding up construction but reducing opportunities for local input or objection.
Statewide impact on future projects. The act applies to all new petitions filed after its enactment, meaning its effects will be felt on all upcoming major facility applications, not just those currently in progress.
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Who cares
Major facility developers and operators
The bill would bar most separate state and municipal approval requirements once a certificate application is filed, rather than issued, subject to specified exceptions and notice to the municipality.
Municipal governments and state permitting agencies
The bill would restrict their authority to impose construction or operating conditions earlier in the certificate process, while allowing requirements expressly authorized by the commission.
Fire prevention and building code enforcement agencies
The bill would preserve requirements under state or local law for administering and enforcing the New York State Uniform Fire Prevention and Building Code.
Public Service Commission
The bill would expressly allow the commission to authorize state agencies and municipalities to require approvals or other conditions under the article.
Headline styles
Limit Local Project Approvals
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Ordered to third reading cal.242
- Advanced to third reading cal.266
- Reported
- Referred to energy
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Local Permit Powers
In Assembly Committee · Energy · Sponsor Kevin S. Parker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6680
2019-2020 Regular Sessions
IN ASSEMBLY
March 15, 2019
Introduced by M. of A. CUSICK -- (at request of the Department of Public Service) -- read once and referred to the Committee on Energy
AN ACT to amend the public service law, in relation to powers of municipalities and state agencies
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of section 130 of the public service law, as amended by chapter 362 of the laws of 1987, is amended to read as follows:
Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may, except as expressly authorized under this article by the commission, require any approval, consent, permit, certificate or other condition for the construction or operation of a major facility with respect to which an application for a certificate hereunder has been [issued] filed, other than those provided by otherwise applicable state law for the protection of employees engaged in the construction and operation of such facility and those provided by otherwise applicable state or local law for the administration and enforcement of the New York state uniform fire prevention and building code, and provided that in the case of a municipality or an agency thereof, such municipality has received notice of the filing of the application therefor.
§ 2. This act shall take effect immediately and shall apply to all petitions filed on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09317-01-9
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.