New York Consolidated Laws, Public Service Law - PBS § 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:

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.