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A06070 Summary:

BILL NOA06070
 
SAME ASNo Same As
 
SPONSORCunningham
 
COSPNSR
 
MLTSPNSR
 
Amd §94-c, Exec L
 
Relates to allowing for municipal enforcement of the New York state uniform fire prevention and building code and to the disbursement of intervenor funds under the major renewable energy development program; add compliance filings as a basis for receiving intervenor funds; provides reimbursement for pre-application activities.
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A06070 Actions:

BILL NOA06070
 
04/03/2023referred to governmental operations
01/03/2024referred to governmental operations
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A06070 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6070
 
SPONSOR: Cunningham
  TITLE OF BILL: An act to amend the executive law, in relation to allowing for municipal enforcement of the New York state uniform fire prevention and building code and to the disbursement of intervenor funds under the major renewa- ble energy development program   PURPOSE OR GENERAL IDEA OF BILL: To allow for municipal enforcement of the Uniform Code, add compliance filings as a basis for receiving intervenor funds, and provide reimbursement for pre-application activities.   SUMMARY OF PROVISIONS: Section 1 of the bill adds anew paragraph (d) to section 94-c of the executive law to give municipalities enforcement power of the NY State uniform fire prevention and building code for applicable projects. Section 2 adds analyzing compliance filings as a basis for receiving intervenor funds. It also provides reimbursement for certain pro-appli- cation activities. Section 3 of the bill provides for an immediate effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A.   JUSTIFICATION: The Major Renewable Energy Development program (the 94-c Process) estab- lished an expedited review process with uniform permit standards for New York State renewable energy projects. However, some minor improvements have been requested by stakeholders with experience in the.new process. Local municipalities believe they have more experience and greater abil- ity to enforce the uniform code for these projects. Next, they want to be able to use the funds to analyze compliance filings. Moreover, they want .to be able to use intervenor funds for certain pre-application -activities of these large-scale projects. This bill is justified by balancing the need for expedited permitting reform for renewable energy projects while giving local stakeholders more of a voice in the process. Municipalities have been enforcing the uniform code since 1984 and continue to do so for smaller scale renewa- ble projects. Moreover, they have been overwhelmed with costs for pre- application activities that could be reimbursed using the intervenor funds that developers already must submit with their applications. This bill does not slow down the approval process of these projects and reduces the state government's burden of code enforcement.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Will reduce enforcement costs for the department of public service or the public service commission.   EFFECTIVE DATE: Immediately.
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A06070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6070
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 3, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the executive law, in relation to allowing for municipal
          enforcement of the New York state uniform fire prevention and building
          code and to the disbursement  of  intervenor  funds  under  the  major
          renewable energy development program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 6 of section  94-c  of  the  executive  law  is
     2  amended by adding a new paragraph (d) to read as follows:
     3    (d) This section shall not impair or abrogate municipal enforcement of
     4  the  New  York  state  uniform  fire  prevention and building code under
     5  section three hundred eighty-one of this chapter.
     6    § 2. Paragraph (a) of subdivision 7 of section 94-c of  the  executive
     7  law,  as  added  by  section  4 of part JJJ of chapter 58 of the laws of
     8  2020, is amended to read as follows:
     9    (a) Each application for a siting permit shall be accompanied by a fee
    10  in an amount equal to one thousand dollars for each  thousand  kilowatts
    11  of  capacity  of  the  proposed  major  renewable energy facility, to be
    12  deposited in an account to be known as the local agency  account  estab-
    13  lished  for  the  benefit of local agencies and community intervenors by
    14  the New York state energy research and development authority  and  main-
    15  tained  in  a  segregated  account in the custody of the commissioner of
    16  taxation and finance. The office may update the fee periodically  solely
    17  to  account  for  inflation.  The  proceeds  of  such  account  shall be
    18  disbursed by the office, in accordance with eligibility  and  procedures
    19  established  by  the  rules  and  regulations  promulgated by the office
    20  pursuant to this section, for the participation of  local  agencies  and
    21  community   intervenors   in   public   comment  periods  [or],  hearing
    22  procedures, and compliance filings established by this section,  includ-
    23  ing  the  rules  and  regulations promulgated hereto; provided that fees
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06622-01-3

        A. 6070                             2
 
     1  must be disbursed for municipalities, political subdivisions or an agen-
     2  cy thereof, to determine whether a proposed facility is designed  to  be
     3  sited,  constructed and operated in compliance with the applicable local
     4  laws  and  regulations. Such proceeds may also be disbursed to reimburse
     5  any expenses incurred  in  connection  with  pre-application  activities
     6  occurring  no  earlier  than ninety days prior to the submission of such
     7  application to the office.   Expenses eligible for  reimbursement  shall
     8  include, but are not limited to, expert witness, consultant, administra-
     9  tive  and legal fees. For the avoidance of doubt, any proceeds disbursed
    10  pursuant to this paragraph shall not be used in connection with judicial
    11  review or litigation.
    12    § 3. This act shall take effect immediately;  and  provided,  however,
    13  that  the  amendments  to  section  94-c  of  the  executive law made by
    14  sections one and two of this act shall not affect  the  repeal  of  such
    15  section and shall be deemed repealed therewith.
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