S T A T E   O F   N E W   Y O R K
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                                 2458--A
                                                        Cal. No. 473

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by  M.  of  A. BRONSON, SEAWRIGHT, ABINANTI -- read once and
  referred to the Committee on Corporations, Authorities and Commissions
  -- reported and referred to the Committee on Codes  --  reported  from
  committee, advanced to a third reading, amended and ordered reprinted,
  retaining its place on the order of third reading

AN  ACT  to amend the public service law, in relation to fuel gas trans-
  mission lines

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 120 of the public service law is amended by adding
a new subdivision 5 to read as follows:
  5.  "LANDOWNER"  MEANS  THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY  AS  IDENTIFIED
FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE CITY OR COUNTY.
  S 2.  Section 121-a of the public service law, as added by chapter 538
of the laws of 1981, is amended to read as follows:
  S 121-a. Procedures  with  respect  to  certain  fuel gas transmission
lines. 1. All persons who intend  to  construct  fuel  gas  transmission
lines  as  described  in this section shall file with the commission for
its approval the standards and practices which will be applied to  envi-
ronmental  management and construction of all such lines or shall file a
certified statement agreeing to construct such lines in accordance  with
standards and practices on file and approved by the commission.
  2.  A notice of intention to construct a fuel gas transmission line as
described in subdivision two of section one hundred twenty OF THIS ARTI-
CLE, which extends a distance of less than five miles and which  is  six
inches  or  less in nominal diameter, shall be filed with the commission
and shall contain:
  (a) the date  on  or  about  which  the  applicant  intends  to  begin
construction of the line;
  (b) a brief statement describing and locating the line;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01366-03-5

A. 2458--A                          2

  (c)  an  indication  of  the  approved  environmental  management  and
construction standards and practices that will be followed in an  effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.
  A  copy  of  such notice shall be served on each municipality in which
any portion of such line is to be located and  proof  of  service  shall
accompany the notice filed with the commission.
  TO  THE  GREATEST  EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON WHICH
ANY PORTION OF SUCH FUEL GAS TRANSMISSION LINE IS PROPOSED TO BE LOCATED
SHALL BE SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH  LANDOWNER'S
PROPERTY  MAY  BE  IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE
PROJECT AND AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION  A  NOTICE
OF  INTENT  TO BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIME-
FRAME FOR FILING SUCH APPLICATION.
  3. An application  to  construct  a  fuel  gas  transmission  line  as
described in subdivision two of section one hundred twenty OF THIS ARTI-
CLE,  which extends a distance of less than ten miles, other than a line
described in subdivision two of this section, shall be  filed  with  the
commission and shall contain:
  (a)  the  information  required by paragraphs (a), (b), (d) and (f) of
subdivision one of section one hundred twenty-two OF THIS ARTICLE;
  (b) the description of the ecosystem, land use,  visual  and  cultural
resources which would be affected by the line; and
  (c)  an  indication  of  the  approved  environmental  management  and
construction standards and practices that will be followed in an  effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.
  A  copy  of such application shall be served on: (i) the department of
environmental conservation;  (ii)  the  department  of  agriculture  and
markets;  and  (iii) each municipality in which any portion of such line
is to be located; and proof of service shall accompany  the  application
filed  with  the commission.   The commission shall serve a copy of such
application on such other person or entities as the commission may  deem
appropriate.  Such action shall be deemed compliance with the applicable
provisions of section one hundred twenty-two of this article. The appli-
cant, the commission and  those  served  shall  constitute  the  parties
notwithstanding  the  provisions  of  section one hundred twenty-four OF
THIS ARTICLE.
  TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF  LAND  ON  WHICH
ANY PORTION OF SUCH FUEL GAS TRANSMISSION LINE IS PROPOSED TO BE LOCATED
SHALL  BE SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S
PROPERTY MAY BE IMPACTED BY A PROJECT, INCLUDING A  DESCRIPTION  OF  THE
PROJECT  AND  AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE
OF INTENT TO BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND  THE  TIME-
FRAME FOR FILING SUCH APPLICATION.
  4. If the notice or the application filed pursuant to subdivisions two
or  three of this section respectively does not comply with the require-
ments of such subdivision, the commission or its designee shall, prompt-
ly, but in no event more than fourteen days from the date  on  which  it
receives  the  notice  or  application,  advise the person in writing of
noncompliance and how to comply.
  5. Any person may file comments on an application with the commission.
The record of the certification proceeding under  subdivision  seven  OF
THIS  SECTION  may  be limited to the application, any comments filed by
the parties and any report prepared by the staff of  the  department  of
public service, whether or not it acts as a party.

A. 2458--A                          3

  6.  Upon  receipt  of a notice with respect to a fuel gas transmission
line that complies with subdivision two of this section, the  commission
shall, within thirty days or less, determine whether there is a substan-
tial  public interest requiring that the facility be reviewed in accord-
ance  with  the  provisions of subdivision seven of this section. If the
commission determines that such review is not required it shall issue  a
certificate  authorizing  such  construction. Failure to act within such
thirty day period shall constitute a certificate for the purpose of this
article. If the commission determines that such review is required,  the
commission  shall  serve a copy of the notice which shall constitute the
application, on such person or  entities  as  the  commission  may  deem
appropriate  and  which  shall  be deemed compliance with the applicable
provisions of section one hundred twenty-two of this article. The appli-
cant and such persons or entities  shall  constitute  the  parties,  the
provisions  of  section one hundred twenty-four OF THIS ARTICLE notwith-
standing.
  7. The commission shall render a decision upon the record within sixty
days from the date on which it receives an  application  complying  with
subdivision  three OF THIS SECTION or within sixty days from the date on
which it receives a  notice  complying  with  subdivision  two  OF  THIS
SECTION  on  which  it  has  made a determination that review under this
subdivision is in the public interest. Where the commission has required
a hearing it may extend the time  required  to  render  a  decision.  In
rendering  its decision on a notice filed pursuant to subdivision two OF
THIS SECTION and reviewed under  this  subdivision,  the  commission  is
required  to find and determine only that the construction of a fuel gas
transmission line will minimize or avoid adverse  environmental  impacts
to  the  maximum  extent  practicable.  In  rendering its decision on an
application filed pursuant to subdivision three  OF  THIS  SECTION,  the
commission  shall  make  only  the determinations required by paragraphs
(a), (b), (e), (f) and (g) of subdivision one  of  section  one  hundred
twenty-six OF THIS ARTICLE.
  S  3. Subdivision 2 of section 122 of the public service law, as added
by chapter 272 of the laws of 1970, paragraph (a) as amended by  chapter
464 of the laws of 1975, subparagraph ii of paragraph (a) as amended and
subparagraph v of paragraph (a) as relettered by chapter 362 of the laws
of  1987,  and subparagraph iv of paragraph (a) as amended by chapter 72
of the laws of 2004, is amended to read as follows:
  2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on:
  i. each municipality in which any portion of such facility  is  to  be
located,  both  as  primarily  proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief  execu-
tive  officer  thereof  and shall specify the date on or about which the
application is to be filed;
  ii. the commissioner of environmental conservation,  the  commissioner
of  [commerce] ECONOMIC DEVELOPMENT, the secretary of state, the commis-
sioner of agriculture and markets and the commissioner of parks,  recre-
ation and historic preservation;
  iii. each member of the legislature through whose district the facili-
ty or any alternate proposed in the application would pass;
  iv.    in  the  event  such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission[.];
  v.  in the event such facility or any portion thereof is located with-
in the Adirondack park, as defined in subdivision one of section 9--0101
of the environmental conservation law, the Adirondack park agency.

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  (b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i[.]  of  paragraph  a  OF
THIS  SUBDIVISION.  Such  notice  shall be given by the publication of a
summary of the application and the date on or about  which  it  will  be
filed,  to  be  published  under  regulations  to  be promulgated by the
commission, in such form and in such newspapers as will  serve  substan-
tially to inform the public of such application.
  (C)  TO  THE  GREATEST  EXTENT  PRACTICABLE, EACH LANDOWNER OF LAND ON
WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE  LOCATED  SHALL  BE
SERVED  BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
MAY BE IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE PROJECT AND
AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE OF INTENT  TO
BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIMEFRAME FOR FILING
SUCH APPLICATION.
  S  4. Paragraphs (d), (e), (f) and (g) of subdivision 1 of section 126
of the public service law, paragraphs (d), (e) and (f) as added by chap-
ter 272 of the laws of 1970 and paragraph (g) as amended by chapter  760
of the laws of 1978, are amended to read as follows:
  (d)  THAT  THE  FACILITY REPRESENTS A MINIMUM ADVERSE IMPACT ON ACTIVE
FARMING OPERATIONS THAT PRODUCE CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS,
AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE  AND  MARKETS
LAW,  CONSIDERING  THE  STATE OF AVAILABLE TECHNOLOGY AND THE NATURE AND
ECONOMICS OF VARIOUS ALTERNATIVES, AND THE OWNERSHIP AND EASEMENT RIGHTS
OF THE IMPACTED PROPERTY;
  (E) in the case of an electric transmission line, (1)  what  part,  if
any,  of  the  line shall be located underground; (2) that such facility
conforms to a long-range plan for expansion of the electric  power  grid
of  the  electric  systems serving this state and interconnected utility
systems, which will serve the interests of electric system  economy  and
reliability;
  [(e)] (F) in the case of a gas transmission line, that the location of
the  line will not pose an undue hazard to persons or property along the
area traversed by the line;
  [(f)] (G) that the location of the facility as  proposed  conforms  to
applicable  state  and local laws and regulations issued thereunder, all
of which shall be binding upon the commission, except that  the  commis-
sion  may  refuse to apply any local ordinance, law, resolution or other
action or any regulation issued thereunder  or  any  local  standard  or
requirement  which  would  be  otherwise  applicable if it finds that as
applied to the proposed facility such  is  unreasonably  restrictive  in
view  of the existing technology, or of factors of cost or economics, or
of the needs of consumers whether located  inside  or  outside  of  such
municipality[.];
  [(g)]  (H)  that  the facility will serve the public interest, conven-
ience, and necessity, provided, however, that a determination of  neces-
sity  made  by  the power authority of the state of New York pursuant to
section ten hundred five of the public authorities law for a major util-
ity transmission facility for which an application has been filed  prior
to  July  first,  nineteen hundred seventy-eight pursuant to section one
hundred twenty-two of this chapter, shall be conclusive on  the  commis-
sion.
  S 5. This act shall take effect immediately.