S T A T E   O F   N E W   Y O R K
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     S. 6861--A                                            A. 8609--A
     Cal. No. 1243
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             September 1, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when  printed  to  be committed to the Committee on Rules --
   recommitted to the Committee on Corporations, Authorities and  Commis-
   sions  in  accordance with Senate Rule 6, sec. 8 -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  passed  by  Senate  and  delivered  to  the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 IN  ASSEMBLY  --  Introduced by M. of A. THIELE, MURRAY -- read once and
   referred to the Committee on Corporations, Authorities and Commissions
   -- recommitted to  the  Committee  on  Corporations,  Authorities  and
   Commissions in accordance with Assembly Rule 3, sec. 2 -- reported and
   referred  to  the Committee on Ways and Means -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the public authorities law, in relation to requiring the
   Long   Island  Power  Authority  to  provide  public  notice  for  the
   construction of utility transmission facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1020-ii, 1020-jj and 1020-kk of the public author-
 ities  law, sections 1020-jj and 1020-kk as renumbered by chapter 415 of
 the laws of 2017, are renumbered sections 1020-jj, 1020-kk  and  1020-ll
 and a new section 1020-ii is added to read as follows:
   §  1020-II.  PUBLIC  NOTICE  BEFORE  APPROVAL  OF UTILITY TRANSMISSION
 FACILITIES. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "MUNICIPALITY"  MEANS  A  COUNTY,  CITY,  TOWN  OR VILLAGE IN THE
 SERVICE AREA;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13310-04-8

 S. 6861--A                          2                         A. 8609--A
 
   (B) "UTILITY TRANSMISSION FACILITY" MEANS  ANY  ELECTRIC  TRANSMISSION
 LINE  IN  THE SERVICE AREA, INCLUDING ASSOCIATED EQUIPMENT. IT SHALL NOT
 INCLUDE ANY TRANSMISSION LINE WHICH IS AN IN-KIND REPLACEMENT  OR  WHICH
 IS  LOCATED WHOLLY UNDERGROUND. THIS SECTION ALSO SHALL NOT APPLY TO ANY
 MAJOR UTILITY TRANSMISSION FACILITY SUBJECT TO THE JURISDICTION OF ARTI-
 CLE SEVEN OF THE PUBLIC SERVICE LAW; AND
   (C)  "UTILITY  CUSTOMER"  MEANS  THE CUSTOMER OF RECORD LOCATED WITHIN
 FIVE HUNDRED FEET OF A PROPOSED UTILITY TRANSMISSION FACILITY.
   2. THE AUTHORITY SHALL NOT CONSTRUCT ANY UTILITY TRANSMISSION FACILITY
 WITHOUT FIRST PROVIDING PUBLIC NOTICE AS PROVIDED BY  THIS  SUBDIVISION.
 SUCH  PUBLIC  NOTICE SHALL BE PROVIDED BY THE AUTHORITY BEFORE THE ENVI-
 RONMENTAL SIGNIFICANCE OF SUCH ACTION IS DETERMINED  BY  THE  AUTHORITY,
 PURSUANT  TO  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.  THE
 PUBLIC NOTICE SHALL PROVIDE 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) THE ENVIRONMENTAL ASSESSMENT  OR  ENVIRONMENTAL  IMPACT  STATEMENT
 PREPARED  FOR THE ACTION, PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL
 CONSERVATION LAW;
   (D) A SUMMARY OF ANY STUDIES WHICH HAVE BEEN MADE OF THE ENVIRONMENTAL
 IMPACT OF THE PROJECT, AND A DESCRIPTION OF SUCH STUDIES;
   (E) A STATEMENT EXPLAINING THE NEED FOR THE FACILITY;
   (F) A DESCRIPTION OF ANY REASONABLE ALTERNATE  LOCATION  OR  LOCATIONS
 FOR THE PROPOSED FACILITY;
   (G)  A  DESCRIPTION  OF  THE COMPARATIVE MERITS AND DETRIMENTS OF EACH
 LOCATION SUBMITTED; AND
   (H) A STATEMENT OF THE REASONS WHY THE PRIMARY  PROPOSED  LOCATION  IS
 BEST SUITED FOR THE FACILITY.
   COPIES  OF  THE  ENVIRONMENTAL  ASSESSMENT  FORM, ENVIRONMENTAL IMPACT
 STATEMENT AND STUDIES REFERRED TO IN THE NOTICE SHALL BE FILED WITH  THE
 AUTHORITY AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION.
   3. NOTICE SHALL BE PROVIDED BY FIRST CLASS MAIL TO:
   (A)  EACH  MUNICIPALITY IN WHICH ANY PORTION OF SUCH FACILITY IS TO BE
 LOCATED, BOTH AS PRIMARILY PROPOSED AND  IN  THE  ALTERNATIVE  LOCATIONS
 LISTED.  NOTICE TO A MUNICIPALITY SHALL BE ADDRESSED TO THE CHIEF EXECU-
 TIVE OFFICER THEREOF;
   (B) EACH MEMBER OF THE LEGISLATURE THROUGH WHOSE DISTRICT THE FACILITY
 OR ANY ALTERNATE PROPOSED IN THE APPLICATION WOULD PASS; AND
   (C) EACH UTILITY CUSTOMER.
   § 2. This act shall take effect immediately.