S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1065

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. DESTITO, GUNTHER, LUPARDO, MAGEE -- Multi-Spon-
  sored by -- M. of A.  ALESSI, RABBITT -- read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public service law and the  state  finance  law,  in
  relation to fees for completed applications for certification of major
  utility  transmission  facilities;  and  providing  for  the repeal of
  certain provisions upon expiration thereof

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

  Section  1. Section 122 of the public service law is amended by adding
a new subdivision 5 to read as follows:
  5. (A) FOR EVERY APPLICATION DEEMED COMPLETE BY THE  COMMISSION  AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION, EACH APPLICATION SHALL BE ACCOM-
PANIED BY A FEE IN AN AMOUNT EQUAL TO: FOR ELECTRIC MAJOR UTILITY TRANS-
MISSION  FACILITIES OF ONE HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTEND-
ING A DISTANCE OF ONE MILE TO FIFTY MILES, TWO  HUNDRED  FIFTY  THOUSAND
DOLLARS;  FOR  ELECTRIC  MAJOR  UTILITY  TRANSMISSION  FACILITIES OF ONE
HUNDRED TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER FIFTY
MILES TO ONE HUNDRED MILES, THREE HUNDRED FIFTY  THOUSAND  DOLLARS;  FOR
ELECTRIC   MAJOR   UTILITY   TRANSMISSION   FACILITIES  OF  ONE  HUNDRED
TWENTY-FIVE KILOVOLTS OR MORE EXTENDING A DISTANCE OF OVER  ONE  HUNDRED
MILES, FOUR HUNDRED FIFTY THOUSAND DOLLARS; OR FOR ELECTRIC MAJOR UTILI-
TY  TRANSMISSION  FACILITIES  OF  ONE HUNDRED KILOVOLTS OR MORE AND LESS
THAN ONE HUNDRED TWENTY-FIVE KILOVOLTS EXTENDING A DISTANCE OF TEN MILES
OR MORE, ONE HUNDRED FIFTY THOUSAND DOLLARS.  ALL  SUCH  FEES  SHALL  BE
DEPOSITED  IN  THE  INTERVENOR  ACCOUNT, ESTABLISHED PURSUANT TO SECTION
NINETY-SEVEN-TT OF THE STATE FINANCE LAW, TO BE DISBURSED AT THE COMMIS-
SION'S DIRECTION, TO DEFRAY EXPENSES INCURRED  BY  MUNICIPAL  AND  OTHER
PARTIES TO THE PROCEEDING (EXCEPT A MUNICIPALITY WHICH IS THE APPLICANT)
FOR EXPERT WITNESS, CONSULTANT, ADMINISTRATIVE AND LEGAL FEES, PROVIDED,

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

                                                           LBD03884-01-9

A. 1065                             2

HOWEVER, SUCH EXPENSES SHALL NOT BE AVAILABLE FOR JUDICIAL REVIEW. IF AT
ANY TIME SUBSEQUENT TO THE FILING OF THE APPLICATION, THE APPLICATION IS
AMENDED  IN  A MANNER THAT WARRANTS SUBSTANTIAL ADDITIONAL SCRUTINY, THE
COMMISSION  MAY REQUIRE AN ADDITIONAL INTERVENOR FEE IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS.  THE  COMMISSION  SHALL
PROVIDE  FOR TRANSCRIPTS, THE REPRODUCTION AND SERVICE OF DOCUMENTS, AND
THE PUBLICATION OF REQUIRED  NOTICES,  FOR  MUNICIPAL  AND  OTHER  LOCAL
PARTIES,  IN  ALL  APPROPRIATE  LANGUAGES.  ANY  MONEYS REMAINING IN THE
INTERVENOR ACCOUNT AFTER THE COMMISSION'S JURISDICTION OVER AN  APPLICA-
TION HAS CEASED SHALL BE RETURNED TO THE APPLICANT.
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSION SHALL PROVIDE BY RULES AND REGULATIONS FOR THE MANAGEMENT  OF
THE  INTERVENOR  ACCOUNT  AND  FOR DISBURSEMENTS FROM THE ACCOUNT, WHICH
RULES AND REGULATIONS SHALL BE  CONSISTENT  WITH  THE  PURPOSE  OF  THIS
SECTION  TO MAKE AVAILABLE TO MUNICIPAL PARTIES AT LEAST ONE-HALF OF THE
AMOUNT OF THE INTERVENOR ACCOUNT AND FOR USES SPECIFIED IN PARAGRAPH (A)
OF THIS SUBDIVISION. IN ADDITION, THE  COMMISSION  SHALL  PROVIDE  OTHER
PARTIES  UP  TO  ONE-HALF  OF  THE  AMOUNT  OF  THE  INTERVENOR ACCOUNT,
PROVIDED, HOWEVER, THAT THE COMMISSION SHALL ASSURE  THAT  THE  PURPOSES
FOR  WHICH  MONEYS  IN  THE  INTERVENOR  ACCOUNT  WILL  BE EXPENDED WILL
CONTRIBUTE TO AN INFORMED DECISION AS TO THE APPROPRIATENESS OF THE SITE
AND FACILITY AND ARE MADE AVAILABLE ON AN EQUITABLE BASIS  IN  A  MANNER
WHICH FACILITATES BROAD PUBLIC PARTICIPATION.
  S  2.  Any  application deemed complete pursuant to article VII of the
public service law, before the effective date  of  this  act  and  under
review  by the commission shall be required to comply with subdivision 5
of section 122 of the public service law.
  S 3. The state finance law is amended by adding a new section 97-tt to
read as follows:
  S 97-TT. INTERVENOR ACCOUNT. 1. THERE IS  HEREBY  ESTABLISHED  IN  THE
JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE AN ACCOUNT TO BE KNOWN AS THE INTERVENOR ACCOUNT.
  2. SUCH ACCOUNT SHALL CONSIST OF ALL  REVENUES  RECEIVED  FROM  SITING
APPLICATION  FEES  FOR  ELECTRIC  MAJOR  UTILITY TRANSMISSION FACILITIES
PURSUANT TO SECTION ONE HUNDRED TWENTY-TWO OF THE PUBLIC SERVICE LAW.
  3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE  LEGISLATURE,
MAY BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED
TWENTY-TWO  OF  THE  PUBLIC SERVICE LAW. MONEYS SHALL BE PAID OUT OF THE
ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE  COMPTROLLER  ON  VOUCHERS
CERTIFIED OR APPROVED BY THE CHAIR OF THE PUBLIC SERVICE COMMISSION.
  S 4. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 5. This act shall take effect immediately; provided,  however,  that
the  provisions  of  section  two  of this act shall expire December 31,
2009, when upon such date the provisions of such section shall be deemed
repealed; and provided  further  that  nothing  in  this  act  shall  be
construed to limit any administrative authority, with respect to matters
included  in this act, which existed prior to the effective date of this
act.