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.
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.
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.