S T A T E   O F   N E W   Y O R K
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                                   6609
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  KOLB, MONTESANO, STEC, DiPIETRO, BRABENEC --
   Multi-Sponsored 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.
                                                            LBD04199-01-9
              

 A. 6609                             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. 6609                             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.