S T A T E O F N E W Y O R K
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10830
I N A S S E M B L Y
April 1, 2026
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Introduced by M. of A. McMAHON, McDONALD -- read once and referred to
the Committee on Energy
AN ACT to amend the public service law and the highway law, in relation
to the siting of new electric transmission facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 141 of the public service law is amended by adding
a new subdivision 7 to read as follows:
7. (A) IN THE SITING OF NEW ELECTRIC TRANSMISSION FACILITIES, INCLUD-
ING HIGH-VOLTAGE TRANSMISSION LINES, THE FOLLOWING CORRIDORS SHALL BE
UTILIZED IN THE FOLLOWING ORDER OF PRIORITY IN ACCORDANCE WITH FEASIBIL-
ITY OF ECONOMIC AND ENGINEERING CONSIDERATIONS, RELIABILITY OF THE ELEC-
TRIC SYSTEM AND THE PROTECTION OF THE ENVIRONMENT:
(I) EXISTING UTILITY CORRIDORS;
(II) HIGHWAY (INTERSTATE, FREEWAY AND STATE TRUNK) AND RAILROAD CORRI-
DORS;
(III) RECREATIONAL TRAILS, TO THE EXTENT THAT THE FACILITIES MAY BE
CONSTRUCTED BELOW GROUND AND THAT THE FACILITIES DO NOT SIGNIFICANTLY
IMPACT ENVIRONMENTALLY SENSITIVE AREAS; AND
(IV) NEW CORRIDORS.
(B) (I) HIGH-VOLTAGE TRANSMISSION LINES, PURSUANT TO THE LAWS OF THIS
STATE OR THE ORDINANCE OF ANY CITY OR COUNTY, MAY BE CONSTRUCTED,
PLACED, OR MAINTAINED ACROSS ANY PUBLIC RIGHT OF WAY OR ALONG ANY TRUNK
HIGHWAY, FEDERALLY-AIDED STATE TRUNK HIGHWAY, CONTROLLED ACCESS HIGHWAY,
INTERSTATE HIGHWAY, OR ROADWAY, EXCEPT AS DEEMED NECESSARY BY THE
SECRETARY/COMMISSIONER OF TRANSPORTATION TO PROTECT PUBLIC SAFETY OR
ENSURE THE PROPER FUNCTION OF SUCH TRUNK HIGHWAY.
(II) IF THE SECRETARY/COMMISSIONER OF TRANSPORTATION DENIES A HIGH-
VOLTAGE ELECTRIC LINE COLLOCATION REQUEST, THE REASONS FOR THE DENIAL
SHALL BE SUBMITTED FOR REVIEW TO THE CHAIRS AND RANKING MINORITY MEMBERS
OF THE COMMITTEES WITH JURISDICTION OVER ENERGY AND TRANSPORTATION, THE
EXECUTIVE SECRETARY OF THE PUBLIC UTILITIES COMMISSION, AND THE COMMIS-
SIONER OF ECONOMIC DEVELOPMENT WITHIN NINETY DAYS OF SUCH DENIAL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13020-01-5
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§ 2. Section 40 of the highway law, as amended by chapter 1110 of the
laws of 1971, is amended to read as follows:
§ 40. Authority of commissioner of transportation with respect to the
performance of contracts for construction, reconstruction or improvement
of state highways, highway projects under the supervision of the depart-
ment of transportation, bridges, grade crossing eliminations and stream
channel improvements; completion of work by surety; cancellation of
contract by THE commissioner [of transportation]. 1. The performance of
every contract for the construction, reconstruction or improvement of a
state highway, bridge, grade crossing elimination or stream channel
improvement shall be under the supervision and control of the commis-
sioner [of transportation], and it shall be [his] SUCH COMMISSIONER'S
duty to see that every such contract is performed in accordance with the
provisions of the contract and with the plans and specifications forming
a part thereof. If the commissioner [of transportation] shall determine
that the work upon any contract for the construction, improvement, main-
tenance, repair or reconstruction, of a state highway, other highway
under the supervision of the department [of transportation], bridge,
grade crossing elimination or stream channel improvement, is not being
performed according to the contract or for the best interest of the
state, the execution of the work by the contractor may be temporarily
suspended by [the] SUCH commissioner [of transportation], who may then
proceed with the work under [his] THEIR own direction in such manner as
will accord with the contract specifications and be for the best inter-
ests of the state; or [he] SUCH COMMISSIONER may terminate the contrac-
tor's employment under the contract while it is in progress, and there-
upon, proceed with the work, in affirmance of the contract, by contract
negotiated or publicly let, by the use of [his] THEIR own forces, by
calling upon the surety to complete the work in accordance with the
plans and specifications or by a combination of any such methods; or
[he] THEIR may cancel the contract and either readvertise and relet as
provided in section thirty-eight of this [chapter] ARTICLE, or complete
the work under [his] THEIR own direction in such manner as will accord
with the contract specifications and be for the best interests of the
state. Any excess in the cost of completing the contract beyond the
price for which it was originally awarded shall be charged to and paid
by the contractor failing to perform the work or [his] SUCH CONTRACTOR'S
surety. Where the estimate for the completion of a cancelled contract
or defaulted contract, or a contract being completed pursuant to the
provisions of this section, is in excess of the balance of the amount
originally set aside by the state to provide for the construction,
reconstruction, improvement, maintenance or repair of such highway, or
other construction project, together with any amount appropriated by the
county, town or village for such improvement, the commissioner [of
transportation] is authorized to set aside from any funds available for
the construction or reconstruction of state highways, highway projects
under the supervision of the department [of transportation], bridges,
grade crossing eliminations and stream channel improvements, an addi-
tional sum equal to such excess including the proportionate share of the
county, town or village; and to pay such excess in the first instance,
including the share of the county, town or village, pending recovery of
excess cost from the defaulting contractor or [his] SUCH CONTRACTOR'S
surety, as provided in this section. In the event that the state fails
to recover from the defaulting contractor or surety the excess cost in
completing the contract over the amount for which it was originally
awarded, the county, town, or village shall pay to the state upon the
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demand of the commissioner [of transportation] the same proportion of
such excess cost as was originally appropriated by the county, town or
village, for the improvement, and the board of supervisors, town board
or village trustees shall be subject to mandamus proceedings by the
attorney general to enforce the payment of the share of the county, town
or village of such excess cost. Every contract for the construction,
improvement, maintenance, repair or reconstruction of a state highway,
highway project under the supervision of the department [of transporta-
tion], bridge, grade crossing elimination or stream channel improvement,
shall reserve to the commissioner [of transportation] the right to
suspend or cancel the contract as above provided, and to complete the
work thereunder by contract negotiated or publicly let or by the use of
[his] THEIR own forces, or affirm the contract and thereupon to complete
the work thereunder according to any of the methods above provided as
the commissioner [of transportation] may determine.
2. UPON WRITTEN REQUEST, THE COMMISSIONER SHALL ENGAGE IN COORDINATION
ACTIVITIES WITH A UTILITY OR TRANSMISSION LINE DEVELOPER TO REVIEW
REQUESTED HIGHWAY CORRIDORS FOR POSSIBLE PERMITTED LOCATIONS OF TRANS-
MISSION LINES. A PROJECT COORDINATOR SHALL BE ASSIGNED WITHIN THIRTY
DAYS OF THE WRITTEN REQUEST. THE DEPARTMENT SHALL SHARE ALL KNOWN PLANS
WITH UTILITIES ON POTENTIAL FUTURE PROJECTS THAT COULD IMPACT THE PLACE-
MENT OF A HIGH-VOLTAGE TRANSMISSION LINE.
3. (A) WHEN A PERMITTABLE ROUTE ALONG A HIGHWAY CORRIDOR HAS BEEN
IDENTIFIED BY THE DEPARTMENT AND THE UTILITY OR DEVELOPER, THE DEPART-
MENT SHALL ENGAGE IN CONSULTATION WITH THE UTILITY OR DEVELOPER TO
DEVELOP A "CONSTRUCTABILITY REPORT" TO BE UTILIZED BY BOTH PARTIES WHEN
CO-LOCATION PROJECTS ARE BEING PLANNED AND APPROVED. THE REPORT SHALL BE
APPROVED BY BOTH PARTIES PRIOR TO THE DEPARTMENT ISSUING A PERMIT FOR
USE OF THE HIGHWAY RIGHT-OF-WAY.
(B) A CONSTRUCTABILITY REPORT SHALL BE PREPARED BY THE UTILITY IN
CONSULTATION WITH THE DEPARTMENT AND SHALL INCLUDE THE TERMS AND CONDI-
TIONS FOR BUILDING THE CO-LOCATION PROJECT. INCLUDED WITHIN SUCH REPORT
SHALL BE AN AGREED UPON TIMEFRAME FOR WHICH THERE WILL NOT BE ANY
REQUEST BY THE DEPARTMENT FOR RELOCATION OF THE TRANSMISSION LINE. IF
THE DEPARTMENT NEEDS A TRANSMISSION LINE IN ITS RIGHT-OF-WAY RELOCATED,
IT SHALL GIVE THE UTILITY A TEN-YEAR ADVANCE NOTICE. SHOULD THE DEPART-
MENT REQUIRE THE RELOCATION OF A TRANSMISSION LINE SOONER THAN WHAT IS
AGREED UPON, AND/OR GIVES LESS THAN A TEN-YEAR NOTICE OF RELOCATION,
THEN THE DEPARTMENT SHALL BE RESPONSIBLE FOR SEVENTY-FIVE PERCENT OF THE
RE-LOCATION COSTS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to section 141
of the public service law made by section one of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with.