New York Senate Bill S02724

New York 2025-2026 Regular Session

• Introduced: 1/22/25
• Refer: 1/22/25
• Refer: 1/7/26

Caption

Relates to decisions by the state board on electric generation; requires approval through public referendum prior to certification for establishing a major electric generating facility.

Summary

This bill would change the process for approving major electric generating facilities in New York by requiring local voter approval before the state board’s decision can become effective. Under the bill, a proposed major electric generating facility would need to be submitted to a referendum in the municipality where the facility would be located, and the board could issue a certificate only if the referendum is approved by a majority of voters. The referendum would have to occur within a specified window after the board’s decision, and the bill defines “municipality” as a city or town in the state. The bill also repeals and replaces existing Public Service Law section 170 and amends section 168 to make the board’s determination subject to public referendum rather than final agency review. It preserves the board’s authority over later amendments, suspensions, or revocations of a certificate, but removes the prior framework that allowed the board’s preference determination to become final subject to rehearing and judicial review. The measure would take effect immediately.

Impact

The bill would significantly alter New York’s siting and certification process for major electric generating facilities by adding a local direct-democracy requirement to state-level approval. It would shift final approval power from the state board to voters in the host city or town, potentially affecting developers, utilities, local governments, and communities considering new generation projects. It would also repeal existing statutory language governing finality and review of board determinations and replace it with referendum-based approval procedures.

Sentiment

No committee transcript or recorded vote information was provided, so there is no documented legislative debate or voting pattern to assess. Based on the bill text alone, the measure appears designed to increase local control and public participation in energy facility siting, which may appeal to supporters of municipal consent and community oversight. At the same time, it would likely be viewed skeptically by proponents of streamlined energy infrastructure development and state-level planning authority.

Contention

The main point of contention is likely to be whether local voters should have veto power over major electric generating facilities after the state board has already completed its review. Supporters may argue that communities hosting large energy projects deserve direct approval rights, while opponents may contend that the referendum requirement could delay or block needed generation capacity, create uncertainty for investors, and undermine statewide energy policy. Another likely issue is the bill’s impact on the balance of authority between state regulators and local municipalities.