Senate Bill S3713

                                 BILL NUMBER:  S3713

 TITLE OF BILL :

An act to amend the public service law, in relation to powers of
municipalities and state agencies


 PURPOSE OF THE BILL :

The purpose of this bill is to clarify the authority of municipalities
and state agencies to require, upon express authority of the Public
Service Commission (Commission), conditions for construction or
operation of major electric or gas transmission facilities.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend Public Service Law (PSL) § 130 to
clarify that, upon express authority of the Commission, state agencies
and municipalities may require any approval, consent, permit, or other
condition for the construction or operation of a major electric or gas
transmission facility. It would also provide that state agencies and
municipalities may require, without the Commission's express
authority, conditions established in otherwise applicable state or
local laws for the administration and enforcement of the New York
State Uniform Fire Prevention and Building Code (Building Code).
              

Section 2 of this bill provides that this bill would take effect
immediately and apply to all petitions filed on or after the effective
date.

 EXISTING LAW

Prior to preparation of a site for construction of a major electric or
gas transmission facility in the State (PSL Article VII), a person is
required to obtain from the Commission a Certificate of Environmental
Compatibility and Public Need. When the Commission issues its
determination, it is required to, among other things, find and
determine that the facility conforms to applicable state and local
laws. The Commission may refuse to apply any local requirement that it
finds to be unreasonably restrictive in view of technology, cost,
economics or the needs of consumers located inside or outside of the
municipality (PSL §126(1)(t)).

PSL § 130 provides that, notwithstanding any other provision of law,
no state agency or municipality can require any approval, consent,
permit, certificate or other condition for the construction or
operation of a major transmission facility that is the subject of an
Article VII application, other than worker protection requirements
during facility construction and operation.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 STATEMENT IN SUPPORT :

The purpose of PSL Article VII is to provide a single forum, open to
citizens, groups.  municipalities and other public agencies, for the
resolution of all matters, including state and local requirements,
relating to the siting of major electric and gas transmission
facilities.

The provisions or Article VII relating to stale and local laws do not
explicitly state that the Commission may authorize the application of
certain state and local requirements to the construction and operation
of specific major electric or gas transmission facilities.  Express
authorization would allow state and local authorities to apply and
enforce requirements of specific local impact that are not suitable
for Commission approval and enforcement. For example, to ensure public
safety and the unimpeded flow of traffic, the Commission may authorize
a state or local department of transportation to require a highway
work permit before a holder of an Article VII siting certificate
enters and performs work such as excavation or wire-pulling on a
public highway right-of-way.

Among the stated purposes of the Building Code (Executive Law (EL)
Article 18; 9 NYCRR 600 (et seq.) is the requirement that the Building
Code be in full force and effect in every area of the State, and to
encourage local governments to exercise their full powers to
administer and enforce the Code (EL 9371 (2)(c) and (d). The Building
Code provides reasonably uniform standards for the construction and
construction materials of public and private buildings (Exec. L.
§377(2), and thus may apply to such facilities as substations,
switching stations, transition stations, compressor stations and
converter stations.  Adoption of this proposed amendment would clarify
that Building Code administration and enforcement regarding major
utility transmission facilities is best left to State and municipal
entities already empowered to administer and enforce the Building
Code.

In sum, this bill would clarify the ability of the Commission to
authorize the application of state and local laws to the construction
and/or operation of major transmission facilities, and would provide
for enforcement of applicable provisions of the Building Code to such
facilities.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would take effect immediately and apply to all petitions
filed on or after the effective date.