What's happening
This bill clarifies municipal and state agency authority over major facility approvals, especially regarding fire and building code enforcement.
Why it matters
Clarifies the limits of local and state agency power. over major facility approvals, ensuring that only those authorities specifically allowed by the state Public Service Commission can require permits or consents—reducing local obstacles for large infrastructure projects.
Explicitly protects enforcement of fire and building codes. by allowing municipalities and agencies to still administer and enforce the New York State Uniform Fire Prevention and Building Code, maintaining critical safety standards even as other local oversight is limited.
Shifts the focus of local powers to worker safety and code compliance. rather than broader project approval, potentially speeding up project timelines but also centralizing major siting decisions at the state level.
Applies to all new applications moving forward. , meaning future projects will be subject to this clarified division of authority, potentially setting a precedent for how local concerns are balanced with statewide infrastructure needs.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Limit Local Permit Powers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.328
- Referred to energy and telecommunications
- Returned to senate
- Died in assembly
- Referred to energy
- Delivered to assembly
- Passed senateVote 62–0
Show 2 earlier actions
- Ordered to third reading cal.1793
- Referred to rules
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 Project Approvals
Assembly Floor Calendar · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6326
2019-2020 Regular Sessions
IN SENATE
June 5, 2019
Introduced by Sen. PARKER -- (at request of the Department of Public Service) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to powers of municipalities and state agencies
Summary of provisions
Section 1 of the bill would amend Public Service Law (PSL) § 130 to clarify that, upon express authority of the Commission, state agencies and municipalities may require any approval, consent, permit, or other condition for the construction or operation of a major electric or gas transmission facility. It would also provide that preemption under PSL § 130 would not extend to otherwise applicable state or local laws for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code.
Section 2 of the bill would make the act effective immediately.
Justification
The current Article VII law creates a jurisdictional gap regarding implementation of the State Building Code. PSL § 130 prevents a local building inspector from requiring a building permit and inspections from facilities such as substations and converter stations. PSL § 126(1)(f) requires the Commission to apply the State Building Code. However, the Commission and its staff are not qualified to conduct building permit inspections in accordance and conformity with the rules of the Depart- ment of State. The training required to be a building inspector is extensive and this bill would remove the State Building Code from the reach of PSL § 130 preemption and allow qualified State and municipal entities to administer and enforce the Building Code.
Addition, Article VII does not explicitly state that the Commission may expressly authorize certain state and local approvals related to the construction and operation of specific major electric or gas trans- mission facilities. Express authorization would allow state and local authorities to apply and enforce requirements of specific local impact that are not suitable for Commission approval and enforcement.
Prior legislative history
2009: S.3713 passed the Senate. 2018: A.10341 reported to the Assembly Calendar.
Fiscal implications
None.
Effective date
The bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.