A 4682: Relates to requiring approval through public referendum in the municipality in which a major electric generating facility is intended to be located prior to final determination for a final siting permit.

  
  STATE OF NEW YORK ________________________________________________________________________ 4682 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. BOLOGNA -- read once and referred to the Commit- tee on Energy AN ACT to amend the public service law and the public authorities law, in relation to requiring a public referendum to approve a final siting permit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 137 of the public service law is amended by adding 2 a new subdivision 14 to read as follows: 3 14. "Battery energy storage site", which, for purposes of the siting 4 of a major renewable energy facility, excludes standalone battery energy 5 storage systems and sites, shall mean a site housing a battery energy 6 storage system equipped with rechargeable batteries that can store elec- 7 tricity from the grid or renewable sources like solar and wind power, to 8 be released later when needed, helping to balance energy supply and 9 demand. "Battery energy storage system" denotes one or more devices, 10 assembled together, capable of storing energy in order to supply elec- 11 trical energy at a future time, not to include a standalone twelve-volt 12 car battery or an electric motor vehicle, and may be classified as a 13 tier one or tier two battery energy storage system as follows: (a) tier 14 one battery energy storage systems shall possess an aggregate energy 15 capacity less than or equal to six hundred kilowatt hours and, if in a 16 room or enclosed area, consist of only a single energy storage system 17 technology; and (b) tier two battery energy storage systems shall 18 possess an aggregate energy capacity greater than six hundred kilowatt 19 hours or are comprised of more than one storage battery technology in a 20 room or enclosed area. 21 § 2. Subdivision 1 of section 138 of the public service law, as added 22 by section 11 of part O of chapter 58 of the laws of 2024, is amended to 23 read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05589-03-5 
 A. 4682 2 1 1. (a) ORES shall be authorized to establish and amend, subject to the 2 approval of the commission, a set of uniform standards and conditions 3 for the siting, design, construction and operation of each type of major 4 renewable energy facility subject to this article, and accompanying 5 battery energy storage sites, relevant to issues that are common for 6 particular classes and categories of major renewable energy facilities, 7 in consultation with other offices within the department, the New York 8 state energy research and development authority, the department of envi- 9 ronmental conservation, the department of agriculture and markets, and 10 other relevant state agencies and authorities with subject matter exper- 11 tise. 12 (b) The uniform standards and conditions established pursuant to this 13 subdivision shall be designed to avoid or minimize, to the maximum 14 extent practicable, any potential significant adverse environmental 15 impacts related to the siting, design, construction and operation of a 16 major renewable energy facility and accompanying battery energy storage 17 sites. Such uniform standards and conditions shall apply to those envi- 18 ronmental impacts ORES determines are common to each type of major 19 renewable energy facility. 20 (c) In its review of an application for a permit to develop a major- 21 renewable energy facility, ORES, in consultation with the department of 22 environmental conservation, shall identify those site-specific adverse 23 environmental impacts, if any, that may be caused or contributed to by a 24 specific proposed major renewable energy facility and accompanying 25 battery energy storage sites, and are unable to be addressed by the 26 uniform standards and conditions. ORES shall draft, in consultation 27 with the department of environmental conservation, site-specific permit 28 terms and conditions for such impacts, including provisions for the 29 avoidance or mitigation thereof, taking into account the CLCPA targets 30 and the environmental benefits of the proposed major renewable energy 31 facility; provided, however, that ORES shall require that the applica- 32 tion of uniform standards and conditions and site-specific conditions 33 shall achieve a net conservation benefit to any impacted endangered and 34 threatened species. 35 § 3. Subdivision 1 of section 140 of the public service law, as added 36 by section 11 of part O of chapter 58 of the laws of 2024, is amended to 37 read as follows: 38 1. No person shall commence the preparation of a site for, or begin 39 the construction of, a major renewable energy facility, or a battery 40 energy storage site accompanying such facility, in the state, or 41 increase the capacity of an existing major renewable energy facility, 42 without having first obtained a major renewable energy facility siting 43 permit pursuant to this article. Any major renewable energy facility 44 subject to this article with respect to which a siting permit is issued 45 shall not thereafter be built, maintained, or operated except in 46 conformity with such major renewable energy facility siting permit and 47 any terms, limitations, or conditions contained therein, provided that 48 nothing in this subdivision shall exempt such facility from compliance 49 with federal laws and regulations. 50 § 4. Subdivision 5 of section 142 of the public service law, as added 51 by section 11 of part O of chapter 58 of the laws of 2024, is amended 52 and a new subdivision 5-a is added to read as follows: 53 5. Following the expiration of the public comment period set forth in 54 this section, and following the conclusion of a hearing undertaken 55 pursuant to subdivision four of this section, ORES shall, in the case of 56 a public comment period, issue a written summary of public comments and 
 A. 4682 3 1 an assessment of comments received, and in the case of an adjudicatory 2 hearing, the executive director or any person to whom the executive 3 director has delegated such authority shall issue a final written hear- 4 ing report. A final siting permit may only be issued if ORES makes a 5 finding that the proposed project, together with any applicable uniform 6 and site-specific standards and conditions, would comply with applicable 7 laws and regulations, and if such final siting permit is approved pursu- 8 ant to a referendum held in accordance with subdivision five-a of this 9 section. In making a final siting permit determination with respect to a 10 major renewable energy facility, ORES may elect not to apply, in whole 11 or in part, any local law or ordinance that would otherwise be applica- 12 ble if it makes a finding that, as applied to the proposed facility, it 13 is unreasonably burdensome in view of the CLCPA targets, and the envi- 14 ronmental benefits. 15 5-a. Notwithstanding any other provision of law to the contrary, 16 before a determination for a final siting permit may be considered 17 final, such permit shall be subject to approval through public referen- 18 dum by the municipality in which the facility applying to the office is 19 intended to be located. Such referendum shall be held upon the question 20 of approving an application for a certificate establishing a major 21 renewable energy facility and, if relevant, an accompanying battery 22 energy storage site, as defined in subdivision fourteen of section one 23 hundred thirty-seven of this article, in the municipality where the 24 proposed facility intends to be located, and approved by fifty-one per 25 centum of voters. Such referendum shall be held within sixty days, but 26 not earlier than thirty days after the office's decision. For the 27 purposes of this subdivision, "municipality" shall mean a city or town 28 located in this state. 29 § 5. Subdivisions 1 and 3 of section 144 of the public service law, as 30 added by section 11 of part O of chapter 58 of the laws of 2024, are 31 amended to read as follows: 32 1. Applicants shall, prior to filing an application, conduct meetings 33 with the respective chief executive officer of all municipalities in 34 which the proposed major renewable generation facility and accompanying 35 battery energy storage site or major electric transmission facility will 36 be located. The applicant shall provide as part of the application pres- 37 entation materials and a summary of questions raised, and responses 38 provided during such meetings with municipalities. In the event the 39 applicant is unable to secure a meeting with a relevant municipality the 40 application shall contain a detailed explanation of all of the appli- 41 cant's best efforts and reasonable attempts to secure such meeting, 42 including, but not limited to, written communications between the appli- 43 cant and the municipality. 44 3. This section shall not impair or abrogate any federal, state or 45 local labor laws or any otherwise applicable state law for the 46 protection of employees engaged in the construction and operation of a 47 major renewable energy facility and accompanying battery energy storage 48 site or major electric transmission facility. 49 § 6. Section 1901 of the public authorities law is amended by adding a 50 new subdivision 10 to read as follows: 51 10. "Battery energy storage site" shall have the same meaning as in: 52 (a) subdivision eight of this section, only with regards to paired 53 qualified energy storage systems, when accompanying a build-ready site 54 that is also considered a major renewable energy facility; and 55 (b) subdivision fourteen of section one hundred thirty-seven of the 56 public service law. 
 A. 4682 4 1 § 7. Subdivision 3 of section 1902 of the public authorities law, as 2 amended by section 5 of part M of chapter 58 of the laws of 2024, is 3 amended to read as follows: 4 3. Establish procedures and protocols for the purpose of establishment 5 and transfer of build-ready sites which shall include, at a minimum: (a) 6 written notice at the earliest practicable time to a municipality in 7 which a potential build-ready site has been identified, provided howev- 8 er, that the authority shall not deem any site for qualified energy 9 storage systems suitable without first consulting any municipalities 10 with jurisdiction over the potential build-ready site and obtaining 11 their approval; [and] (b) public referendum held in the municipality 12 where a potential build-ready site, including an accompanying battery 13 energy storage site, has been identified, held upon the question of 14 approving a certificate establishing or transferring such build-ready 15 site in such municipality, and approved by fifty-one per centum of 16 voters; and (c) a preliminary screening process to determine, in consul- 17 tation with the department of environmental conservation, whether the 18 potential build-ready site is located in or near an environmental 19 justice area and whether an environmental justice area would be adverse- 20 ly affected by development of a build-ready site; 21 § 8. This act shall take effect immediately; provided, however, that 22 the amendments to sections 137, 138, 140, 142 and 144 of the public 23 service law made by sections one through five of this act shall not 24 affect the repeal of such sections and shall be deemed to be repealed 25 therewith; and provided further, however, that the amendments to 26 sections 1901 and 1902 of the public authorities law made by sections 27 six and seven of this act shall not affect the repeal of such sections 28 and shall be deemed to be repealed therewith.