Imágenes de páginas
PDF
EPUB

a

or

ing shall be initiated by the filing of a petition in such court within thirty days after the issuance of a final decision by the board upon the application for rehearing together with proof of service of a demand on the board to file with said court a copy of a written transcript of the record of the proceeding and a copy of the board's decision and opinion. The board's copy of said transcript, decision and opinion, shall be available at all reasonable times to all parties for examination without cost. Upon receipt of such petition and demand the board shall forthwith deliver to the court a copy of the record and copy of the board's decision and opinion. Thereupon, the court shall have jurisdiction of the proceeding and shall have the power to grant such relief as it deems just' and proper, and to make and enter an order enforcing, modifying and enforcing as so modified, remanding for further specific evidence findings or setting aside in whole or in part such decision. The appeal shall be heard on the record, without requirement of reproduction and upon briefs to the court. No objection that has not been urged by the party in his application for rehearing before the board shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of fact on which such decision is based shall be conclusive if supported by substantial evidence on the record considered as a whole and matters of judicial notice set forth in the opinion. The jurisdiction of the appellate division of the supreme court shall be exclusive and its judgment and order shall be final, subject to review by the court of appeals in the same manner and form and with the same effect as provided for

appeals in a special proceeding. All such proceedings shall be heard and determined by the appellate division of the supreme court and by the court of appeals as expeditiously as possible and with lawful precedence over all other matters.

2. The grounds for and scope of review of the court shall be limited to whether the decision and opinion of the board are:

(a) In conformity with the constitution of the state and the United States;

(b) Supported by substantial evidence in the record and matters of judicial notice properly considered and applied in the opinion;

(c) Within the board's statutory jurisdiction or authority;

(d) Made in accordance with procedures set forth in this article or established by rule or regulation pursuant to this article; or

(e) Arbitrary, capricious or an abuse of discretion.

3. Except as here in provided article seventy-eight of the civil practice law and rules shall apply to appeals taken hereunder.

§ 171. Jurisdiction of courts. Except as expressly set forth in section one hundred seventy of this article and except for review by the court of appeals of a decision of the appellate division of the supreme court as provided for therein, no court of this state shall have jurisdiction to hear or determine any matter, case or controversy concerning any matter which was or could have been determined in a proceeding under this article

to stop or delay the construction or operation of a major electric generating facility except to enforce compliance with this article or the terms and conditions issued thereunder.

S 172. Powers of municipalities and state agencies. 1. Notwithstanding any other provision of law, no state agency, municipality any agency thereof may, except as expressly authorized under this article by the board, require any approval, consent, permit, certificate other condition for the construction or operation of a major electric generating facility with respect to which application for certificate hereunder has been filed, other than those provided by otherwise applicable state law for the protection of employees engaged in the construction and operation of such facility, and provided that in the case of a municipality or an agency thereof, such municipality has received notice of the filing of the application therefor. 2. Neither the St. Lawrence-Eastern Ontario commission

the Adirondack park agency shall hold public hearings for a

major

electric çenerating facility, with respect to which an application hereunder has been filed, provided that such commission or agency has received notice of the filing of such application.

§ 7. Paragraph (h) of subdivision 2 of section 8-0109 of the environmental conservation law, as amended by chapter 219 of the laws of 1990, is amended to read as follows:

(h) effects of the proposed action on the use and conservation of energy resources, where applicable and significant, provided that in the

of

an electric generating facility, the statement shall include a

or

or

or

an

a

nor

case

or

[merged small][ocr errors][ocr errors][merged small]

or

[ocr errors][ocr errors][merged small][merged small][merged small][ocr errors]

as

or

a

s of

demonstration that the facility will satisfy electric generating capacity needs other electric systems needs in a manner reasonably consistent with the most recent state energy plan;

§ 8. Paragraph (b) of subdivision 5 of section 8-0111 of the environmental conservation law, as added by chapter 612 of the laws of 1975, is amended to read as follows:

(b) Actions subject to the provisions requiring a certificate of environmental compatibility and public need in articles seven [and], eight and ten of the public service law; or

၌ 9. Section 17-0701 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows:

7. In the case of a major electric generating facility, as defined in section one hundred sixty of the public service law, for the construction operation of which a certificate is required under article ten of the public service law, an applicant shall apply for and obtain such certificate in lieu of filing plans and reports and obtaining a perinit under this section. Any reference in this article to a permit under this section shall, in the case of such major electric generating facility be deemed for all purposes to refer to such certificate,

provided

that nothing herein shall limit the authority of the department of health and this department to monitor the environmental and health impacts resulting from the operation of such ma jor electric generating facility and to enforce applicable provisions of the public health law and this chapter and the terms and conditions of the certificate governing the environmental and health impacts resulting from such operation.

§ 10. Section 17-0823 of the environmental conservation law, as added by chapter 801 of the laws of 1973, is amended to read as follows: § 17-0823. Power plant siting.

In the case of a major steam electric generating facility, as defined in section one hundred forty of the public service law, for

the construction or operation of which a certificate is required under article eight of (such] the public service law, or a major electric generating facility defined in section one hundred sixty of the public service law, for the construction operation of which certificate is required under article ten of the public service law, an applicant shall apply for and obtain such certificate in lieu of filing application and obtaining, a permit under this article. Any reference in this article to a permit shall, in the case of such major steam electric generating facility ma jor electric generating facility, be deemed for all purposes to refer to such certificate, provided that nothing herein shall limit the authority of the [departments] department of health and the department of environmental conservation to monitor the environmental and health impacts resulting from the operation of such major steam electric generating facility or major electric generating facility and to enforce applicable provisions of the public health law and the environmental conservation (laws] law and the terms and conditions of the certificate governing the environmental and health impacts resulting from such operation. In such case all powers, duties, obligations privileges conferred upon the department by this article shall devolve upon the New York state board on electric generation siting and the environment. In considering the granting of permits, such board shall apply the provisions of this article and the Act.

§ ' 11. Paragraph j of subdivision 2 of section 19-0305 of the environmental conservation law, as amended by chapter 525 of the laws of 1981, is amended to read as follows:

j. Consider for approval or disapproval applications for permits and certificates including plans or specifications for air contamination sources and air cleaning installations or any part thereof submitted to him pursuant to the rules of the department, and inspect the installation for compliance with the plans or specification; provided that in the case of a major steam electric generating facility defined in (either) section one hundred forty of the public service law, for which a certificate is required pursuant to [either] article eight of [such] the public service law, or a major electric generating facility as defined in section one hundred sixty of the public service law, for which a certificate is required pursuant to article ten of the public service law, such approval functions shall be performed by the state board electric generation siting and the environment, as defined in (such] the public service law, and such inspection functions shall be EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

an

or

[ocr errors][ocr errors]

and

[ocr errors][ocr errors][merged small]

as

[merged small][ocr errors][ocr errors][ocr errors]

on

[ocr errors]
[ocr errors]

en

a

performed by the department; provided further that nothing herein shall limit the authority of the [departments] department of health and the department of environmental conservation to monitor the environmental and health impacts resulting from the operation of such major steam electric generating facility or major electric generating facility and to enforce applicable provisions of the public health law and the vironmental conservation [laws] law and the terms and conditions of the certificate governing the environmental and health impacts resulting from such operation.

§ 12. Paragraph (e) of subdivision 3 of section 49-0307 of the environmental conservation law, as added by chapter 292 of the laws of 1984, is amended to read as follows:

(e) where land subject to a conservation easement or an interest in such' land is required for a major utility transmission facility which has received a certificate of environmental compatibility and public need pursuant to article seven of the public service law or is required for a major steam electric generating facility which has received a certificate [or] of environmental compatibility and public need pursuant to article eight of the public service law, or a major electric generating facility which has received a certificate of environmental compatibility and public need pursuant to article ten of the public service law, upon the filing of such certificate in a manner prescribed for recording conveyance of real property pursuant to section two hundred ninety-one of the real property law or any other applicable provision of law, provided that such certificate contains a finding that the public interest in the conservation and protection of the natural resources, open spaces and scenic beauty of the Adirondack or Catskill parks has been considered.

§ 13. Section 1014 of the public authorities law, as amended by chapter 446 of the laws of 1972, is amended to read as follows:

§ 1014. Public service law not applicable to authority; inconsistent provisions in other acts superseded. The rates, services and practices relating to the generation, transmission, distribution and sale by the authority, of power to be generated from the projects authorized by this title shall not be subject to the provisions of the public service law nor to regulation by, nor the jurisdiction of the department of public service. Except to the extent article seven of the public service law applies to the siting and operation of a major utility transmission facility defined therein, and article ten of the public service law applies to the siting of major electric generating facilities as defined therein, and except to the extent section eighteen-a of such law provides for assessment of the authority for certain costs relating thereto, the provisions of the public service law and of the environmental conservation law and every other law relating to the department of public service or the public service commission or to the conservation department or to the functions, powers or duties assigned to the division of water power and control' by chapter six hundred nineteen, of the laws of nineteen hundred twenty-six, shall so far as is necessary to make this title effective in accordance with its terms and purposes be deemed to be superseded, and wherever any provision of law shall be found in conflict with the provisions of this title or inconsistent with the purposes thereof, it shall be deemed to be superseded, modified repealed as the case may require.

14. The state finance law is amended by adding a new section 97-tt to read as follows:

S 97-tt. Intervenor account. 1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance an account to be known as the intervenor account.

2. Such account shall consist of all revenues received from siting application fees for electric generating facilities pursuant to section one hundred sixty-four of the public service law.

3. Moneys of the account, following appropriation by the legislature, may be expended in accordance with the provisions of section one hundred sixty-four of the public service law. Moneys shall be paid out of the account on the audit and warrant of the state comptroller on vouchers certified or approved by the chair of the public service commission.

§ 15. Separability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been renderea.

as

or

one

၌ 16. This act shall take effect immediately provided, however, that the provisions of article 6 of the energy law, as added by section of this act and the provisions of sections five, six and eight through fourteen of this act shall expire and be deemed repealed on January

1, 2003; provided further, however, that the provisions of sections six and eight through fourteen of this act shall remain operative and continue in full force and effect with regard to applications filed on or before December 31, 2002; and provided that nothing in this section shall be construed to limit any administrative authority, with respect to matters included in this act, which existed prior to the effective date of this act.

CHAPTER 520

one

more

or

AN ACT to amend the state administrative procedure act, in relation to

information provided in the regulatory impact statement Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 3 of section 202-a of the state administrative procedure act, as amended by chapter 698 of the laws of 1984, paragraph (c) as amended by chapter 850 of the laws of 1990, paragraph (e) as added and paragraphs (f) and (8) as relettered by chapter 305 of the laws of 1991, is amended to read as follows:

3. Each regulatory impact statement shall contain:

(a) Statutory authority. A statement analyzing the statutory authority for the rule, including but not limited to the agency's interpretation of the legislative objectives of such authority;

(b) Needs and benefits. A statement setting forth the purpose of, necessity for, and the benefits to be derived from, the rule. Where or scientific

statistical studies, reports or analyses has served as the basis for the rule, the statement shall contain a citation to each such study, report or analysis and shall indicate how it was used to determine the necessity for or the benefits to be derived from the rule;

(c) Costs. A statement [indicating] detailing the projected costs of the rule, which shall indicate:

(i) the costs for the implementation of, and continuing compliance with, the rule to [the state, its local governments and] regulated persons [and];

(ii) [to] the [agency] costs for the implementation of, and continued administration of, the rule[. Such statement shall also indicate the information and methodology upon which the costs are based. Where an agency finds that it cannot fully provide an estimate of any such costs, it shall include a statement setting forth its best estimate,, indicating the information and methodology upon which such estimate is based, and the reason or reasons why a more complete estimate cannot be provided] to the agency and to the state and its local governments; and (iii) the information, including

the source or sources of such information, and methodology upon which the cost analysis is based; or

(iv) where an agency finds that it cannot fully provide a statement of such costs, a statement setting forth its best estimatę, which shall indicate the information and methodology upon which such' best estimate is based and the reason or reasons why a complete cost statement cannot provided;

(d) Paperwork. A statement describing the need for any reporting requirements, including forms and other paperwork, which would be required as a result of the rule; (e) Local

government mandates. A statement describing any program, service, duty or responsibility imposed by the rule

upon any county, EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

be

of

a

city, town, village, school district [or], fire district or other special district;

(f) Duplication. A statement [comparing the requirements of the rule with any related] identifying relevant rules and other legal requirements

the state and federal [requirements] governments, including those which may duplicate, overlap or conflict with the rule; [and]

(8) Alternative approaches. A statement indicating whether any significant alternatives to the rule were considered by the agency, including

discussion of such alternatives and the reasons why they were not incorporated into the rule;

(h) Federal standards. A statement identifying whether the rule exceeds any minimum standards of the federal government for the similar subject areas and, if so, an explanation of why the rule exceeds such standards; and

(i) Compliance schedule. A statement indicating the estimated period of time necessary to enable regulated persons to achieve compliance with the rule.

§ 2. This act shall take effect on the first day of October next succeeding the date on which it shall have become a law, and shall apply to all rules initially proposed on or after such date.

same

or

CHAPTER 521

new

AN ACT to amend the vehicle and traffic law, in relation to the regula

tion of business practices in the motor vehicle industry Became a law July 24, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Subdivision 1 of section 401 of the vehicle and traffic law is amended by adding a new paragraph c to read as follows:

c. Whenever used in paragraph b of this subdivision:

A. "Manufacturer's statement of origin" means the document provided by a manufacturer of new motor vehicles or its distributor, which

is the only valid indication of ownership between the manufacturer, its distributor, its franchised new motor vehicle dealers and the original purchase not for resale.

B. "Distributor" means any person who primarily offers, sells or distributes new motor vehicles to franchised motor vehicle dealers or maintains distributor representatives within the state, pursuant to a written agreement with the manufacturer for the distribution of

motor vehicles in this state.

C. "Manufacturer" means any person, partnership, corporation, association, factory branch or other entity engaged in the business of manufacturing or assembling

and unused motor vehicles for sale in this state.

D. "New motor vehicle" means a vehicle sold or transferred by a manufacturer, distributor or dealer, which :

(1) has not been placed in consumer use or used as a demonstrator; (2) is transferred by a manufacturer's statement of origin; and (3) has the manufacturer's certification that it conforms to all applicable federal motor vehicle safety and emission standards.

§ 2. Subdivision 9 of section 415 of the vehicle and traffic law is amended by adding a new paragraph i to read as follows:

1. Whose ownership would be prohibited by the provisions of section four hundred sixty-three of this chapter.

§ 3. Subdivisions 6 and 8 of section 462 of the vehicle and traffic law, as added by chapter 815 of the laws of 1983, are amended to read as follows:

6. "Franchise" means a written arrangement for a definite or indefinite period in which manufacturer distributor grants to a franchised motor vehicle dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of in

new

a

or

« AnteriorContinuar »