NY Pub Serv L § 163 (2021)
2021 New York Laws PBS - Public Service Article 10 - Siting of Major Electric Generating Facilities 163 - Pre-Application Procedures.

§  163.  Pre-application procedures. 1. Any person proposing to submit an application for a certificate shall file with the board a preliminary scoping statement  containing  a  brief  discussion,  on  the  basis  of available information, of the following items:  (a)  description  of  the  proposed  facility  and  its  environmental setting;  (b) potential environmental and  health  impacts  resulting  from  the construction and operation of the proposed facility;  (c)  proposed  studies  or  program  of  studies  designed to evaluate potential environmental and  health  impacts,  including,  for  proposed wind-powered   facilities,   proposed  studies  during  pre-construction activities  and  a  proposed  period  of  post-construction   operations monitoring for potential impacts to avian and bat species;  (d) measures proposed to minimize environmental impacts; and  (e)  where  the  proposed  facility  intends to use petroleum or other back-up fuel for generating electricity, a discussion  and/or  study  of the  sufficiency  of  the  proposed  on-site  fuel  storage capacity and supply; and  (f) reasonable alternatives to the facility that may  be  required  by paragraph  (i)  of  subdivision one of section one hundred sixty-four of this article;  (g)  identification  of  all  other   state   and   federal   permits, certifications,   or   other  authorizations  needed  for  construction, operation or maintenance of the proposed facility; and  (h) any other information that may be relevant or that the  board  may require.   2. Such person shall serve copies of the preliminary scoping statement on persons enumerated in paragraph (a) of subdivision two of section one hundred  sixty-four of this article and provide notice of such statement as provided in paragraph (b) of such subdivision in plain  language,  in English and in any other language spoken as determined by the board by a significant  portion  of the population in the community, that describes the  proposed  facility  and  its  location,  the  range  of   potential environmental  and health impacts of each pollutant, the application and review process, and a contact person, with  phone  number  and  address, from whom information will be available as the application proceeds.   3.  To  facilitate  the  pre-application and application processes and enable citizens to participate in decisions that affect their health and safety and the environment, the department and such person shall provide opportunities  for  citizen  involvement.   Such   opportunities   shall encourage  consultation with the public early in the pre-application and application processes, especially before any parties enter a stipulation pursuant to subdivision five of this section. The primary goals  of  the citizen  participation  process  shall  be  to  facilitate communication between the applicant and interested or affected  persons.  The  process shall  foster  the  active  involvement  of  the  interested or affected persons.   4. (a) Each pre-application preliminary  scoping  statement  shall  be accompanied  by  a fee in an amount equal to three hundred fifty dollars for each thousand  kilowatts  of  generating  capacity  of  the  subject facility, but no more than two hundred thousand dollars, to be deposited in    the   intervenor   account   established   pursuant   to   section ninety-seven-kkkk of the state finance  law,  to  be  disbursed  at  the hearing examiner's direction to defray pre-application expenses incurred by municipal and local parties (except for a municipality submitting the pre-application  scoping  statement)  for  expert  witness,  consultant, administrative and legal fees. If at any time subsequent to  the  filing of  the pre-application the pre-application is substantially modified or  revised, the board may require an additional pre-application  intervenor fee  in  an  amount  not to exceed twenty-five thousand dollars. No fees made available under this paragraph shall be used for judicial review or litigation.  Any  moneys  remaining  in  the intervenor account upon the submission of an application for a certificate shall be  made  available to  intervenors according to paragraph (a) of subdivision six of section one hundred sixty-four of this article.  (b) Pre-application disbursements from the intervenor account shall be made in accordance with rules and regulations  established  pursuant  to paragraph  (b)  of  subdivision six of section one hundred sixty-four of this article which rules shall provide for an expedited  pre-application disbursement schedule to assure early and meaningful public involvement, with  at  least  one-half  of  pre-application intervenor funds becoming available through an application process to commence within  sixty  days of the filing of a pre-application preliminary scoping statement.   5. After meeting the requirements of subdivisions one through three of this  section,  and  after  pre-application  intervenor  funds have been allocated by the pre-hearing  examiner  pursuant  to  paragraph  (b)  of subdivision  four  of  this  section,  such  person may consult and seek agreement with any interested person, including, but not limited to, the staff of the department, the department  of  environmental  conservation and  the  department  of health, as appropriate, as to any aspect of the preliminary scoping statement and any study or program of  studies  made or  to be made to support such application. The staff of the department, the department of environmental conservation, the department of  health, the  person  proposing  to file an application, and any other interested person may enter into a stipulation setting forth an  agreement  on  any aspect  of  the preliminary scoping statement and the studies or program of studies to be conducted. Any  such  person  proposing  to  submit  an application  for  a  certificate  shall  serve  a  copy  of the proposed stipulation upon all persons enumerated in paragraph (a) of  subdivision two of section one hundred sixty-four of this article, provide notice of such  stipulation  to  those persons identified in paragraph (b) of such subdivision, and afford the public a reasonable  opportunity  to  submit comments  on  the  stipulation  before  it is executed by the interested parties. Nothing in this section, however, shall  bar  any  party  to  a hearing  on  an  application,  other than any party to a pre-application stipulation, from  timely  raising  objections  to  any  aspect  of  the preliminary  scoping  statement  and  the  methodology  and scope of any stipulated studies or program of studies in any such agreement. In order to attempt to resolve any questions that may arise as a result  of  such consultation,  the  department  shall  designate  a hearing examiner who shall oversee the pre-application process and mediate any issue relating to any aspect of the preliminary scoping statement and  the  methodology and  scope  of any such studies or programs of study. Upon completion of the notice provisions provided in this section,  such  hearing  examiner shall,  within  sixty  days  of  the  filing  of  a  preliminary scoping statement, convene a meeting of interested parties in order to  initiate the stipulation process.