BILL NUMBER:S5626

TITLE OF BILL:
An act
to amend the public service law, in relation to approval of electric
transmission line facilities

PURPOSE:
The purpose of this bill is to require the  Public Service
Commission (PSC), to consult the most recent State Energy Plan (SEP)
before issuing a certificate of environmental compatibility and
public need ("certificate") for an electric transmission line.

SUMMARY OF PROVISIONS:
This bill amends paragraph (d) of subsection
(1) of section 126 of the public service law.

JUSTIFICATION:
This bill requires that in an Article VII proceeding on
an electric transmission line, the PSC must determine whether or not
the proposed facility, if built, would correspond with the most
recent energy plan, while considering the prospect of additional
environmental impacts that may be caused by increased electrical
generation as a result of such facility was improved. The legislation
is intended to prevent the approval of projects which may directly
result in increased electrical generation produced from dirty
              

sources, including coal that would impact the state's environment.

In September 2010, the PSC granted a certificate for the construction
of the Hudson Transmission Project. The eight-mile underground
transmission cable is intended to connect the New York Power
Authority's (NYPA) governmental customers to the PJM Interconnection,
the 13-state wholesale electrical market that serves, New Jersey,
Pennsylvania, Delaware and the District of Columbia. The PSC approved
the certificate despite testimony from various participants who
argued that the facility was unnecessary due to existing electrical
capacity in the New York Independent System Operator (NYISO)
wholesale electrical market. Additionally, the New York State
Department of Environmental Conservation (DEC) testified that HTP
would result in additional coal-fired in PJM.
Nearly half of PJM is produced in from coal fire generator, many of
which are located in Pennsylvania, a state upwind of New York. The
DEC testified that only 13 percent of NYISO power was generated from
coal.

The 2009 State Energy Plan included energy and transportation
strategies that would reduce emissions of greenhouse gases, including
the need to increase the amount energy produced by cleaner burning
and renewable resources. The PSC's decision regarding HTP appears to
be contradict policies enumerated in the Energy Plan.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
To be determined.


EFFECTIVE DATE:
This act shall take effect immediately.