2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 145 - Fees; Local Agency Account.

* § 145. Fees;  local agency account. 1. Each application for a siting
permit shall be  accompanied  by  a  fee  in  an  amount  equal  to  the
following:
(a)  for  a  major renewable energy facility, one thousand dollars for
each thousand kilowatts of capacity  of  the  proposed  major  renewable
energy facility;
(b)  for  a  major  electric  transmission  facility  of  one  hundred
twenty-five kilovolts or more extending a distance of over  one  hundred
miles, four hundred fifty thousand dollars;
(c)  for  a  major  electric  transmission  facility  of  one  hundred
twenty-five kilovolts or more extending a distance of over  fifty  miles
to one hundred miles, three hundred fifty thousand dollars;
(d)  for  a  major  electric  transmission  facility  requiring  a new
right-of-way and one hundred twenty-five kilovolts or more  extending  a
distance of ten miles to fifty miles, one hundred thousand dollars; and
(e)  for  a major electric transmission facility utilizing an existing
right-of-way and one hundred twenty-five kilovolts or more  extending  a
distance of ten miles to fifty miles, fifty thousand dollars.
2.  Such fee is to be deposited in an account to be known as the local
agency account  established  by  subdivision  seven  of  former  section
ninety-four-c of the executive law for the benefit of local agencies and
community  intervenors  by  the  New  York  state  energy  research  and
development authority and maintained in  a  segregated  account  in  the
custody   of   the  commissioner  of  taxation  and  finance.  ORES,  in
consultation with the department, may update the fee periodically solely
to account  for  inflation.  The  proceeds  of  such  account  shall  be
disbursed  by  the  office  of  renewable  energy  siting  and  electric
transmissions, in accordance with eligibility and procedures established
by the rules and regulations  promulgated  by  ORES  or  the  department
pursuant  to  this article or in effect as of the effective date of this
article,  for  the  participation  of  local  agencies   and   community
intervenors  in public comment periods or hearing procedures established
by this article, including the rules and regulations promulgated hereto;
provided that fees  must  be  disbursed  for  municipalities,  political
subdivisions  or  an  agency  thereof,  to  determine whether a proposed
project is designed to be sited, constructed and operated in  compliance
with the applicable local laws and regulations.
3.  All  funds  so  held  by  the  New  York state energy research and
development authority shall be subject to an annual independent audit as
part  of  such  authority's  audited  financial  statements,  and   such
authority  shall  prepare  an annual report summarizing account balances
and activities for  each  fiscal  year  ending  March  thirty-first  and
provide  such  report  to  the  office  of  renewable  energy siting and
electric transmissions no later than ninety days after  commencement  of
such fiscal year and post on the authority's website.
4.  To  the extent an applicant submitted intervenor funds pursuant to
article VII or X of this chapter and has now filed an application for  a
siting  permit  pursuant  to  this  article,  any  amounts  held  in  an
intervenor account established pursuant to articles VII and  X  of  this
chapter  for  that  project  shall  be applied to the intervenor account
established by this section.
5. In addition to the fees established pursuant to this section,  ORES
or  the  department,  pursuant  to  regulations adopted pursuant to this
article, may assess a fee on applicants for the  purpose  of  recovering
costs  incurred  by  the  office of renewable energy siting and electric
transmissions; provided, however, that public utilities that are subject
to section eighteen-a of this chapter shall not be assessed  a  fee  for
such costs.
* NB Repealed December 31, 2040