S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2040
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation to public notice
   before approval of utility transmission facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1020-ii of the public authorities law, as added by
 a chapter of the laws of 2018 amending the public authorities law relat-
 ing to requiring the Long  Island  Power  Authority  to  provide  public
 notice  for  the  construction  of  utility  transmission facilities, as
 proposed in legislative bill numbers S.6861-A and A.8609-A,  is  amended
 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;
   (b) "utility transmission facility" means  any  electric  transmission
 line  OPERATING  AT  SIXTY-FIVE KILOVOLTS OR HIGHER 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 under-
 ground. This section also shall not apply to any  major  utility  trans-
 mission  facility  subject  to  the jurisdiction of article seven of the
 public service law; and
   (c) "[utility]  AUTHORITY  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07036-01-9

 S. 2040                             2
 
 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 INCLUDING AN ENVIRONMENTAL ASSESSMENT OR
 ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO ARTICLE EIGHT OF THE ENVIRON-
 MENTAL CONSERVATION LAW which have been made of the environmental impact
 of the project, and a description of such studies;
   [(e)] (D) a statement explaining the need for the facility;
   [(f)]  (E)  a  description  of  any  reasonable  alternate location or
 locations ASSESSED for the proposed facility;
   [(g)] (F) a description of the comparative merits  and  detriments  of
 each location submitted; and
   [(h)] (G) a statement of the reasons why the primary proposed location
 is best suited for the facility.
   [Copies]  WHEN COMPLETED, 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 UTILITY
 TRANSMISSION facility or any alternate  proposed  [in  the  application]
 would pass; and
   (c) each [utility] AUTHORITY customer.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2018 amending the public  authorities
 law  relating  to  requiring  the Long Island Power Authority to provide
 public notice for the construction of utility  transmission  facilities,
 as  proposed  in  legislative  bill numbers S.6861-A and A.8609-A, takes
 effect.