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.