N.Y. Public Service Law § 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