S T A T E   O F   N E W   Y O R K
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                                  4804

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced  by  M. of A. KOLB -- Multi-Sponsored by -- M. of A. AMEDORE,
  BARCLAY, BURLING, CALHOUN, CROUCH, DUPREY,  GIGLIO,  JORDAN,  REILICH,
  TOWNS -- read once and referred to the Committee on Energy

AN  ACT  to amend the public service law, in relation to improvements to
  electric transmission lines

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

  Section  1.  The public service law is amended by adding a new section
121-b to read as follows:
  S 121-B. PROCEDURES WITH RESPECT TO INCREASING TRANSFER CAPABILITY  OF
EXISTING  ELECTRIC  TRANSMISSION  LINES.  1. ANY PERSON PROPOSING (I) TO
RECONSTRUCT AN ELECTRIC TRANSMISSION LINE AS DESCRIBED IN PARAGRAPH  (A)
OF  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED  TWENTY OF THIS ARTICLE,
PREDOMINANTLY IN AN EXISTING UTILITY OR  PUBLIC  RIGHT-OF-WAY,  FOR  THE
PURPOSE  OF INCREASING THE TRANSFER CAPABILITY OF SUCH LINE, AND WHO HAS
NOT RECEIVED A DETERMINATION FROM THE COMMISSION THAT THE RECONSTRUCTION
CONSTITUTES THE REPLACEMENT OF EXISTING WITH LIKE  FACILITIES,  PURSUANT
TO SUBDIVISION ONE OF SECTION ONE HUNDRED TWENTY-ONE OF THIS ARTICLE, OR
(II)  TO RECONSTRUCT AN ELECTRIC TRANSMISSION LINE THAT IS NOT DESCRIBED
IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED  TWENTY  OF
THIS ARTICLE AND SUCH RECONSTRUCTION WOULD RESULT IN A TRANSMISSION LINE
AS  DESCRIBED  IN  SUCH  PARAGRAPH (A), IN AN EXISTING UTILITY OR PUBLIC
RIGHT-OF-WAY, FOR THE PURPOSE OF INCREASING THE TRANSFER  CAPABILITY  OF
SUCH  LINE, AND WHO HAS NOT RECEIVED A DETERMINATION FROM THE COMMISSION
THAT THE RECONSTRUCTION CONSTITUTES THE  REPLACEMENT  OF  EXISTING  WITH
LIKE  FACILITIES,  PURSUANT  TO  SUBDIVISION  ONE OF SECTION ONE HUNDRED
TWENTY-ONE OF THIS ARTICLE, SHALL FILE AN APPLICATION WITH  THE  COMMIS-
SION IDENTIFYING OR PROVIDING:
  (A)  THE  LOCATION OF THE TRANSMISSION LINE, OR PORTION THEREOF, TO BE
RECONSTRUCTED;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05335-01-1

              

A. 4804                             2

  (B) A DESCRIPTION OF THE PROPOSED RECONSTRUCTION OF  THE  TRANSMISSION
LINE;
  (C) A STATEMENT EXPLAINING THE NEED FOR THE PROPOSED RECONSTRUCTION OF
THE TRANSMISSION LINE;
  (D)  A SUMMARY OF ANY STUDIES THAT HAVE BEEN MADE OF THE ENVIRONMENTAL
IMPACT OF THE PROPOSED LINE, AND A DESCRIPTION OF SUCH STUDIES;
  (E) A DESCRIPTION OF THE ECOSYSTEM,  LAND  USE,  VISUAL  AND  CULTURAL
RESOURCES  WHICH  WOULD BE SUBSTANTIALLY AFFECTED BY THE PROPOSED RECON-
STRUCTION OF THE TRANSMISSION LINE;
  (F) A STATEMENT THAT THE APPLICANT  SHALL  COMPLY  WITH  ENVIRONMENTAL
MANAGEMENT  AND  CONSTRUCTION  STANDARDS  AND  PRACTICES APPROVED BY THE
COMMISSION TO BE FOLLOWED, TO THE  MAXIMUM  EXTENT  PRACTICABLE,  DURING
RECONSTRUCTION  AND OPERATION, IN AN EFFORT TO MINIMIZE OR AVOID ADVERSE
ENVIRONMENTAL IMPACTS FROM THE PROPOSED RECONSTRUCTION OF THE LINE; AND
  (G) SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER  RELEVANT  OR
AS THE COMMISSION MAY REQUIRE.
  COPIES OF ALL STUDIES REFERRED TO IN PARAGRAPH (D) OF THIS SUBDIVISION
SHALL  BE  FILED  WITH  THE  COMMISSION  AND  MADE  AVAILABLE FOR PUBLIC
INSPECTION AT AN OFFICE OF THE APPLICANT NEAR THE PROJECT LOCATION.
  THE APPLICANT SHALL PROVIDE FOR THE PUBLICATION  OF  A  NOTICE,  IN  A
NEWSPAPER  OF  GENERAL  CIRCULATION  IN EACH COUNTY IN WHICH THE LINE IS
PROPOSED TO BE RECONSTRUCTED, OF SUCH APPLICATION FILED WITH THE COMMIS-
SION. SUCH NOTICE SHALL CONTAIN A BRIEF DESCRIPTION OF THE  LINE  TO  BE
RECONSTRUCTED, THE PROPOSED RECONSTRUCTION WORK, INFORMATION TO IDENTIFY
THE  LOCATION  OF  THE  RECONSTRUCTION  WORK, THE DATE ON OR ABOUT WHICH
RECONSTRUCTION IS INTENDED TO BEGIN, AND A STATEMENT THAT SUCH  APPLICA-
TION IS AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICES OF THE COMMISSION
AND AT ONE OR MORE SPECIFIED LOCATIONS NEAR THE PROPOSED PROJECT SITE.
  2.  EACH APPLICATION, INCLUDING THE APPLICATION FILED WITH THE COMMIS-
SION, SHALL BE ACCOMPANIED BY PROOF OF SERVICE, AND SHALL BE  SERVED  ON
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF ECONOMIC
DEVELOPMENT,  THE  DIVISION  OF  COASTAL  RESOURCES OF THE DEPARTMENT OF
STATE, THE DEPARTMENT OF AGRICULTURE  AND  MARKETS,  THE  DEPARTMENT  OF
TRANSPORTATION,  THE  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
TION, AND EACH MUNICIPALITY IN WHICH ANY PORTION OF  THE  RECONSTRUCTION
WORK WILL OCCUR. THE APPLICANT SHALL SERVE A COPY OF SUCH APPLICATION ON
SUCH OTHER PERSONS OR ENTITIES AS THE CHAIRMAN MAY DEEM APPROPRIATE. THE
APPLICANT,  THE COMMISSION AND THOSE SERVED SHALL CONSTITUTE THE PARTIES
TO A PROCEEDING PURSUANT TO THIS SECTION, NOTWITHSTANDING THE PROVISIONS
OF SECTION ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
  3. AFTER THE RECEIPT OF AN APPLICATION FILED PURSUANT  TO  SUBDIVISION
ONE OF THIS SECTION, THE CHAIRMAN OF THE COMMISSION SHALL, WITHIN THIRTY
DAYS,  DETERMINE  WHETHER THE APPLICATION COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION. IF THE APPLICATION DOES NOT COMPLY WITH  SUCH  REQUIRE-
MENTS,  SUCH  CHAIRMAN  SHALL PROMPTLY, BUT IN NO EVENT MORE THAN THIRTY
DAYS AFTER RECEIPT OF THE APPLICATION, ADVISE THE PERSON, IN WRITING, OF
SUCH NONCOMPLIANCE AND DEFICIENCIES TO BE CORRECTED.
  4. UPON  A  DETERMINATION  THAT  AN  APPLICATION  COMPLIES  WITH  SUCH
REQUIREMENTS,  THE  COMMISSION  SHALL,  WITHIN  THIRTY  DAYS THEREAFTER,
DETERMINE WHETHER THERE  IS  A  SUBSTANTIAL  PUBLIC  INTEREST  REQUIRING
REVIEW  OF  THE LINE PROPOSED TO BE RECONSTRUCTED IN ACCORDANCE 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 RECONSTRUCTION. IF THE COMMISSION DETERMINES THAT SUCH
REVIEW IS REQUIRED, IT SHALL FIX A DATE FOR A PUBLIC  HEARING  NOT  LESS
THAN  TWENTY  BUT  NO  MORE THAN SIXTY DAYS FROM SUCH DETERMINATION. THE

A. 4804                             3

COMMISSION MAY REQUIRE A PREHEARING CONFERENCE TO EXPEDITE  THE  ORDERLY
CONDUCT  AND  DISPOSITION  OF THE HEARING, TO SPECIFY THE ISSUES, AND TO
OBTAIN STIPULATIONS AS TO UNDISPUTED MATTERS.
  5. ANY PERSON MAY FILE COMMENTS ON AN APPLICATION WITH THE COMMISSION.
  6. THE COMMISSION SHALL RENDER A FINAL DECISION UPON THE RECORD WITHIN
ONE  HUNDRED FIFTY DAYS FROM THE DATE OF A DETERMINATION BY THE CHAIRMAN
OF THE COMMISSION THAT AN APPLICATION COMPLIES WITH SUBDIVISION  ONE  OF
THIS  SECTION,  PROVIDED  THAT THE COMMISSION MAY EXTEND THE DEADLINE IF
ADDITIONAL TIME IS NECESSARY TO  CONSIDER  A  MATERIAL  AND  SUBSTANTIAL
AMENDMENT TO THE APPLICATION, OR IF THE APPLICANT WAIVES THE DEADLINE.
  7.  THE  COMMISSION  SHALL  RENDER  A  DECISION UPON THE RECORD EITHER
GRANTING OR DENYING THE APPLICATION AS FILED, OR GRANTING IT  UPON  SUCH
TERMS, CONDITIONS, LIMITATIONS OR MODIFICATIONS OF THE RECONSTRUCTION OR
OPERATION OF THE LINE AS THE COMMISSION MAY DEEM APPROPRIATE. IN RENDER-
ING  ITS  DECISION  ON  SUCH  APPLICATION, THE COMMISSION SHALL FIND AND
DETERMINE:
  (A) THE NEED FOR THE PROPOSED RECONSTRUCTION OF THE LINE;
  (B) THE NATURE OF THE PROBABLE ENVIRONMENTAL IMPACT  OF  THE  PROPOSED
RECONSTRUCTION OF THE LINE;
  (C)  THAT THE DESIGN FOR THE PROPOSED RECONSTRUCTION OF THE LINE MINI-
MIZES ADVERSE ENVIRONMENTAL IMPACTS, TO THE EXTENT PRACTICABLE,  CONSID-
ERING THE STATE OF AVAILABLE TECHNOLOGY;
  (D) THAT THE PROPOSED RECONSTRUCTION WORK CONFORMS TO APPLICABLE STATE
AND  LOCAL  LAWS  AND  REGULATIONS ISSUED PURSUANT THERETO, ALL OF WHICH
SHALL BE BINDING UPON THE COMMISSION, EXCEPT  THAT  THE  COMMISSION  MAY
REFUSE  TO APPLY ANY LOCAL LAW, ORDINANCE, RESOLUTION OR OTHER ACTION OR
ANY REGULATION ISSUED THEREUNDER OR ANY LOCAL  STANDARD  OR  REQUIREMENT
THAT  WOULD  OTHERWISE BE APPLICABLE IF IT FINDS THAT, AS APPLIED TO THE
PROPOSED LINE, SUCH LOCAL LAW, ORDINANCE, RESOLUTION OR OTHER ACTION  OR
ANY REGULATION ISSUED PURSUANT THERETO OR ANY LOCAL STANDARD OR REQUIRE-
MENT  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; AND
  (E) THAT THE PROPOSED RECONSTRUCTION OF THE LINE WILL SERVE THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to applications filed on or after such
effective date.