2023 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.