N.Y. PBS Law § 145 — New York Code / Act PBS / Article 8 / Section 145
Fees; local agency account
Status: in_force

* § 145. Fees; local agency account. 1. Each application for a siting\npermit shall be accompanied by a fee in an amount equal to the\nfollowing:\n  (a) for a major renewable energy facility, one thousand dollars for\neach thousand kilowatts of capacity of the proposed major renewable\nenergy facility;\n  (b) for a major electric transmission facility of one hundred\ntwenty-five kilovolts or more extending a distance of over one hundred\nmiles, four hundred fifty thousand dollars;\n  (c) for a major electric transmission facility of one hundred\ntwenty-five kilovolts or more extending a distance of over fifty miles\nto one hundred miles, three hundred fifty thousand dollars;\n  (d) for a major electric transmission facility requiring a new\nright-of-way and one hundred twenty-five kilovolts or more extending a\ndistance of ten miles to fifty miles, one hundred thousand dollars; and\n  (e) for a major electric transmission facility utilizing an existing\nright-of-way and one hundred twenty-five kilovolts or more extending a\ndistance of ten miles to fifty miles, fifty thousand dollars.\n  2. Such fee is to be deposited in an account to be known as the local\nagency account established by subdivision seven of former section\nninety-four-c of the executive law for the benefit of local agencies and\ncommunity intervenors by the New York state energy research and\ndevelopment authority and maintained in a segregated account in the\ncustody of the commissioner of taxation and finance. ORES, in\nconsultation with the department, may update the fee periodically solely\nto account for inflation. The proceeds of such account shall be\ndisbursed by the office of renewable energy siting and electric\ntransmissions, in accordance with eligibility and procedures established\nby the rules and regulations promulgated by ORES or the department\npursuant to this article or in effect as of the effective date of this\narticle, for the participation of local agencies and community\nintervenors in public comment periods or hearing procedures established\nby this article, including the rules and regulations promulgated hereto;\nprovided that fees must be disbursed for municipalities, political\nsubdivisions or an agency thereof, to determine whether a proposed\nproject is designed to be sited, constructed and operated in compliance\nwith the applicable local laws and regulations.\n  3. All funds so held by the New York state energy research and\ndevelopment authority shall be subject to an annual independent audit as\npart of such authority's audited financial statements, and such\nauthority shall prepare an annual report summarizing account balances\nand activities for each fiscal year ending March thirty-first and\nprovide such report to the office of renewable energy siting and\nelectric transmissions no later than ninety days after commencement of\nsuch fiscal year and post on the authority's website.\n  4. To the extent an applicant submitted intervenor funds pursuant to\narticle VII or X of this chapter and has now filed an application for a\nsiting permit pursuant to this article, any amounts held in an\nintervenor account established pursuant to articles VII and X of this\nchapter for that project shall be applied to the intervenor account\nestablished by this section.\n  5. In addition to the fees established pursuant to this section, ORES\nor the department, pursuant to regulations adopted pursuant to this\narticle, may assess a fee on applicants for the purpose of recovering\ncosts incurred by the office of renewable energy siting and electric\ntransmissions; provided, however, that public utilities that are subject\nto section eighteen-a of this chapter shall not be assessed a fee for\nsuch costs.\n  * NB Repealed December 31, 2040\n