New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter X - Certification Of Major Electric Generating Facilities › Subchapter A - Regulations Implementing Article 10 Of The Public Service Law As Enacted By Chapter 388, Section 12, Of The Laws Of 2011 › Part 1001 - Content Of An Application › Section 1001.31 - Exhibit 31: local laws and ordinances

Current through Register Vol. 46, No. 28, July 10, 2024
Before preparing the exhibit required by this section, the
					 applicant shall consult with the municipalities or other local agencies whose
					 requirements are the subject of the exhibit to determine whether the applicant
					 has correctly identified all such requirements and to determine whether any
					 potential request by the applicant that the board elect to not apply any such
					 local requirement could be obviated by design changes to the proposed facility,
					 or otherwise.
As the information to be included in the application
					 pursuant to this section will be used by parties to determine their positions
					 in the issues conference and the remainder of the hearing phase of the
					 proceeding, the lists should be created with care so as not to cause any party
					 to needlessly expend resources due to a misclassification. For local procedural
					 requirements supplanted by PSL section 172, the applicant shall not request
					 that the board elect not to apply them. Misclassification of items or the
					 inclusion of unnecessary or inappropriate items may be grounds for finding the
					 application not in compliance. Applicants must carefully screen their lists to
					 correctly reflect local actions not for the construction or operation of the
					 proposed major electric generating facility.
Exhibit 31 shall contain:
(a) A list of all local ordinances, laws,
				  resolutions, regulations, standards and other requirements applicable to the
				  construction or operation of the proposed major electric generating facility
				  (includes interconnection electric transmission lines and fuel gas transmission
				  lines that are not subject to review under article VII of the PSL) that are of
				  a procedural nature. These local procedural requirements are supplanted by PSL
				  article 10 unless the board expressly authorizes the exercise of the procedural
				  requirement by the local municipality or agency.
(b) A list of all local procedural
				  requirements required to be identified pursuant to subdivision (a) of this
				  section for which the applicant requests that the board expressly authorize the
				  exercise of the procedural requirement by the local municipality or agency,
				  including a statement why such local exercise would be desirable or
				  appropriate.
(c) Identification of
				  the city, town, village, county, or State agency qualified by the Secretary of
				  State that shall review and approve the building plans, inspect the
				  construction work, and certify compliance with the New York State Uniform Fire
				  Prevention and Building Code, the Energy Conservation Construction Code of New
				  York State, and the substantive provisions of any applicable local electrical,
				  plumbing or building code. If no other arrangement can be made, the Department
				  of State should be identified. The statement of identification shall include a
				  description of the preliminary arrangement made between the applicant and the
				  entity that shall perform the review, approval, inspection, and compliance
				  certification, including arrangements made to pay for the costs thereof
				  including the costs for any consultant services necessary due to the complex
				  nature of such facilities. If the applicable city, town or village has adopted
				  and incorporated the New York State Uniform Fire Prevention and Building Code
				  for administration into its local electric, plumbing and building codes, the
				  applicant may make a request pursuant to subdivision (b) of this section that
				  the board expressly authorize the exercise of the electric, plumbing and
				  building permit application, inspection and certification processes by such
				  city, town or village.
(d) A list
				  of all local ordinances, laws, resolutions, regulations, standards and other
				  requirements applicable to the construction or operation of the proposed major
				  electric generating facility (includes interconnection electric transmission
				  lines and fuel gas transmission lines that are not subject to review under
				  article VII of the PSL) that are of a substantive nature, together with a
				  statement that the location of the facility as proposed conforms to all such
				  local substantive requirements, except any that the applicant requests that the
				  board elect to not apply. Copies of zoning, flood plain and similar maps,
				  tables and/or documents shall be included in the exhibit when such are
				  referenced in such local substantive requirements. Pursuant to PSL section
				  168(3)(e), the board must find that the facility is designed to operate in
				  compliance with these local substantive requirements, all of which shall be
				  binding upon the applicant, unless the board elects to not apply them by
				  finding that, as applied to the proposed facility such are unreasonably
				  burdensome in view of the existing technology or the needs of or costs to
				  ratepayers whether located inside or outside of such municipality.
(e) A list of all local substantive
				  requirements required to be identified pursuant to subdivision (d) of this
				  section for which the applicant requests that the board elect to not apply them
				  by finding that, as applied to the proposed facility such are unreasonably
				  burdensome in view of the existing technology or the needs of or costs to
				  ratepayers whether located inside or outside of such municipality. For each
				  local substantive requirement identified, a statement justifying the request
				  shall be provided. The statement of justification shall show with facts and
				  analysis the degree of burden caused by the requirement, why the burden should
				  not reasonably be borne by the applicant, that the request cannot reasonably be
				  obviated by design changes to the proposed facility, the request is the minimum
				  necessary, and the adverse impacts of granting the request are mitigated to the
				  maximum extent practicable. The statement shall include a demonstration:
(1) for requests grounded in the existing
				  technology, that there are technological limitations (including governmentally
				  imposed technological limitations) related to necessary facility component
				  bulk, height, process or materials that make compliance by the applicant
				  technically impossible, impractical or otherwise unreasonable;
(2) for requests grounded in factors of costs
				  or economics (likely involving economic modeling), that the costs to consumers
				  associated with applying the local substantive requirement outweigh the
				  benefits of applying such provision; and
(3) for requests grounded in the needs of
				  consumers, that the needs of consumers for the facility outweigh the impacts on
				  the community that would result from refusal to apply the local substantive
				  requirement.