N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-5.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-5.1 - Local Agency Account

(a) Local agencies and potential community intervenors seeking funds from the local agency account shall submit a request to the Office, as set forth in subdivision (h) of this section, within thirty (30) days after the date on which a siting permit application has been filed by the applicant pursuant to section 1100-1.6 of this Part.

(b) Within thirty (30) days after the deadline for requests for funds from the local agency account, the ALJ shall award local agency funds, to local agencies and potential community intervenors whose requests comply with the provisions of subdivision (h) of this section, so long as use of the funds will contribute to a complete record leading to an informed permit decision as to the appropriateness of the site and the facility, and for local agencies, shall include the use of funds to determine whether a proposed facility is designed to be sited, constructed and operated in compliance with applicable local laws and regulations.

(c) A local agency or potential community intervenor (except an applicant) may request funds from the local agency account to defray expenses for experts.

(d) Local agencies and potential community intervenors are encouraged to consider the consolidation of requests with similar funding proposals.

(e) Subject to the availability of funds in the local agency account, the Office may fix additional dates for submission of fund requests.

(f) At the time vouchers are submitted or as otherwise required by the Office, any local agency or potential community intervenor receiving an award of funds shall submit to the Office a report:

(1) Detailing an accounting of the monies that have been spent; and

(2) Showing:

(i) The results of any studies and a description of any activities conducted using such funds; and

(ii) Whether the purpose for which the funds were awarded has been achieved; if the purpose for which the funds were awarded has not been achieved, whether reasonable progress toward the goal for which the funds were awarded is being achieved; and if applicable, why further expenditures are warranted.

(g) Disbursement of funds from the local agency account.

(1) All disbursements from the local agency account to any local agency or potential community intervenor shall be made by NYSERDA, at the direction of the Office, on vouchers approved by the Office.

(2) The Office shall reserve at least seventy-five (75) percent of the local agency account funds for each project for potential awards to local agencies.

(3) All vouchers shall be submitted for payment no later than six (6) months after withdrawal of a permit application or the Office's final determination on the application.

(4) Any funds that have not been disbursed after the expiration of time for final voucher submittals pursuant to paragraph (3) of this subdivision shall be returned to the applicant.

(h) Each request for funds from the local agency account shall be completed on an ORES-approved form and contain:

(1) A statement that the facility falls within the local agency's jurisdiction or that a permit or approval from the local agency would have been required in the absence of article VIII of the Public Service Law;

(2) For individual potential community intervenors, a statement of the number of persons and the nature of the interests the requesting person represents, and proof of residency (e.g., a New York State driver's license, permit or non-driver identification card, a recent bank statement, a recent pay stub or a recent utility bill);

(3) for any non-profit organization potential community intervenors, a statement of a concrete and localized interest that may be affected by a proposed facility and that such interest has a significant nexus to its mission;

(4) A statement of the availability of funds from the resources of the local agency or potential community intervenor and of the efforts that have been made to obtain such funds;

(5) The amount of funds being sought;

(6) To the extent possible, the name and qualifications of each expert to be employed, or at a minimum, a statement of the necessary professional qualifications;

(7) If known, the name of any other local agency, potential community intervenor or entitywho may, or is intending to, employ such expert;

(8) A detailed statement of the services to be provided by expert witnesses, consultants, attorneys, or others (and the basis for the fees requested), including hourly fee, wage rate, and expenses, specifying how such services and expenses will contribute to the compilation of a complete record as to the appropriateness of the site and facility;

(9) If a study is to be performed, a description of the purpose, methodology and timing of the study, including a statement of the rationale supporting the methodology and timing proposed, including a detailed justification for any proposed methodology that is new or original explaining why pre-existing methodologies are insufficient or inappropriate;

(10) A copy of any contract or agreement or proposed contract or agreement with each expert witness, consultant or other person; and

(11) A completed authorization form for electronic Automated Clearing House payment, or payment instructions for payments by check.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-5.1

Transferred from 900-5.1 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024