N.Y.
Public Service Law Section 144
Powers of municipalities and state agencies and authorities
1.
Applicants shall, prior to filing an application, conduct meetings with the respective chief executive officer of all municipalities in which the proposed major renewable generation facility or major electric transmission facility will be located. The applicant shall provide as part of the application presentation materials and a summary of questions raised, and responses provided during such meetings with municipalities. In the event the applicant is unable to secure a meeting with a relevant municipality the application shall contain a detailed explanation of all of the applicant’s best efforts and reasonable attempts to secure such meeting, including, but not limited to, written communications between the applicant and the municipality.2.
Notwithstanding any other provision of law, including without limitation article eight of the environmental conservation law and article VII of this chapter, no other state agency, department or authority, or any municipality or political subdivision or any agency thereof may, except as expressly authorized under this article or the rules and regulations promulgated under this article, require any approval, consent, permit, certificate, contract, agreement, or other condition for the development, design, construction, operation, or decommissioning of a major renewable energy facility or a major electric transmission facility with respect to which an application for a siting permit has been filed, provided in the case of a municipality, political subdivision or an agency thereof, such entity has received notice of the filing of the application therefor. Notwithstanding the foregoing, the department of environmental conservation shall be the permitting agency for permits issued pursuant to federally delegated or federally approved programs.3.
This section shall not impair or abrogate any federal, state or local labor laws or any otherwise applicable state law for the protection of employees engaged in the construction and operation of a major renewable energy facility or major electric transmission facility.4.
ORES and the department shall monitor, enforce and administer compliance with any terms and conditions set forth in a siting permit issued pursuant to this article and in doing so may use and rely on authority otherwise available under this chapter. * NB Repealed December 31, 2040
Source:
Section 144 — Powers of municipalities and state agencies and authorities, https://www.nysenate.gov/legislation/laws/PBS/144 (updated Jun. 21, 2024; accessed Oct. 26, 2024).
