S T A T E O F N E W Y O R K
________________________________________________________________________
2521
2013-2014 Regular Sessions
I N A S S E M B L Y
January 16, 2013
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law, in relation to incorporating
environmental justice considerations into major utility transmission
facility siting
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 122 of the public service law, as
added by chapter 272 of the laws of 1970, is amended to read as follows:
1. An applicant for a certificate shall file with the commission an
application, in such form as the commission may prescribe, containing
the following information: (a) the location of the site or right-of-way;
(b) a description of the transmission facility to be built thereon; (c)
a summary of any studies which have been made of the environmental
impact of the project, and a description of such studies; (d) a state-
ment explaining the need for the facility; (e) a description of any
reasonable alternate location or locations for the proposed facility, a
description of the comparative merits and detriments of each location
submitted, and a statement of the reasons why the primary proposed
location is best suited for the facility; (F) IN ACCORDANCE WITH RULES
AND REGULATIONS PROMULGATED PURSUANT TO SECTION ONE HUNDRED THIRTY-ONE
OF THIS ARTICLE, AN EVALUATION OF ANY SIGNIFICANT AND ADVERSE DISPROPOR-
TIONATE ENVIRONMENTAL IMPACTS RESULTING FROM CONSTRUCTION AND OPERATION
OF THE PROPOSED FACILITY ON ANY ENVIRONMENTAL JUSTICE AREA, INCLUDING
ANY STUDIES IDENTIFYING THE AUTHOR AND DATES THEREOF, WHICH WERE USED IN
THE EVALUATION; and [(f)] (G) such other information as the applicant
may consider relevant or the commission may by regulation require.
Copies of all the studies referred to in PARAGRAPHS (c) [above] AND (F)
OF THIS SUBDIVISION shall be filed with the commission and shall be
available for public inspection.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00979-01-3
A. 2521 2
S 2. Subdivision 1 of section 126 of the public service law is amended
by adding a new paragraph (h) to read as follows:
(H) IF THE COMMISSION FINDS THAT THE FACILITY RESULTS IN OR CONTRIB-
UTES TO A SIGNIFICANT AND ADVERSE DISPROPORTIONATE ENVIRONMENTAL IMPACT
IN A COMMUNITY IN WHICH AN ENVIRONMENTAL JUSTICE AREA IS LOCATED, THE
APPLICANT WILL AVOID, OFFSET OR MINIMIZE THE IMPACTS CAUSED BY THE
FACILITY UPON THE LOCAL COMMUNITY FOR THE DURATION THAT THE CERTIFICATE
IS ISSUED TO THE MAXIMUM EXTENT PRACTICABLE USING VERIFIABLE MEASURES.
S 3. Paragraph (d) of subdivision 2 of section 128 of the public
service law, as added by chapter 272 of the laws of 1970, is amended and
a new paragraph (f) is added to read as follows:
(d) made in accordance with procedures set forth in this article or
established by rule or regulation of the commission, OR BY THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION ONE HUNDRED THIR-
TY-ONE OF THIS ARTICLE.
(F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
CITIZENS AFFECTED BY THE FACILITY REGARDLESS OF AGE, RACE, COLOR,
NATIONAL ORIGIN OR INCOME.
S 4. The public service law is amended by adding a new section 131 to
read as follows:
S 131. ANALYSIS OF ENVIRONMENTAL JUSTICE ISSUES. 1. THE EVALUATION OF
SIGNIFICANT AND ADVERSE DISPROPORTIONATE ENVIRONMENTAL IMPACTS OF THE
PROPOSED FACILITY ON ANY ENVIRONMENTAL JUSTICE AREA PURSUANT TO PARA-
GRAPH (F) OF SUBDIVISION ONE OF SECTION ONE HUNDRED TWENTY-TWO OF THIS
ARTICLE SHALL BE CONDUCTED IN ACCORDANCE WITH RULES AND REGULATIONS
PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE
ANALYSIS OF ENVIRONMENTAL JUSTICE ISSUES.
2. SUCH RULES AND REGULATIONS SHALL INCLUDE THE DEFINITION OF "ENVI-
RONMENTAL JUSTICE AREA" PROMULGATED BY THE DEPARTMENT PURSUANT TO
SECTION ONE HUNDRED SIXTY-FOUR OF THIS CHAPTER AND SHALL, AT A MINIMUM,
REQUIRE A COMPREHENSIVE DEMOGRAPHIC, ECONOMIC AND PHYSICAL DESCRIPTION
OF ANY ENVIRONMENTAL JUSTICE AREA WHICH WILL BE SIGNIFICANTLY AND
ADVERSELY IMPACTED BY CONSTRUCTION AND OPERATION OF THE FACILITY,
COMPARED AND CONTRASTED WITH THE COUNTY IN WHICH THE FACILITY IS
PROPOSED AND WITH ADJACENT COMMUNITIES WITHIN SUCH COUNTY, INCLUDING
REASONABLY AVAILABLE DATA ON POPULATION, RACIAL AND ETHNIC CHARACTER-
ISTICS, INCOME LEVELS, OPEN SPACE, AND PUBLIC HEALTH DATA, INCLUDING
AVAILABLE DEPARTMENT OF HEALTH DATA ON INCIDENCE OF ASTHMA AND CANCER.
THE DEPARTMENT MAY MAKE APPROPRIATE DISTINCTIONS IN SUCH RULES AND REGU-
LATIONS FOR DIFFERENT TYPES OF TRANSMISSION FACILITIES.
S 5. On and after the three hundred sixty-sixth day after this act
shall have become a law, the public service commission shall not accept
any application for a certificate pursuant to section 122 of the public
service law until the department of environmental conservation has
promulgated rules and regulations required by section 131 of such law.
S 6. This act shall take effect immediately; provided that nothing in
this act shall be construed to limit any administrative authority, with
respect to matters included in this act, which authority existed prior
to the effective date of this act. Within twelve months of the effective
date of this act, all rules and regulations required pursuant to this
act shall be adopted.