S T A T E O F N E W Y O R K
________________________________________________________________________
6090
2017-2018 Regular Sessions
I N A S S E M B L Y
February 23, 2017
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Introduced by M. of A. KOLB, MONTESANO, STEC, DiPIETRO -- Multi-Spon-
sored by -- M. of A. BARCLAY, CROUCH, FRIEND, GIGLIO -- 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:
§ 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.
LBD10068-01-7
A. 6090 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. 6090 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.
§ 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.