NY State Senate Bill 2025-S8114

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to energy and telecommunications

2025-S8114 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §141, Pub Serv L; amd §40, Hway L

2025-S8114 (ACTIVE) - Summary

Provides that in the siting of new electric transmission facilities, including high-voltage transmission lines, the following corridors shall be utilized in the following order of priority in accordance with feasibility of economic and engineering considerations, reliability of the electric system and the protection of the environment: existing utility corridors; highway (interstate, freeway and state trunk) and railroad corridors; 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 new corridors

2025-S8114 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8114

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the public service law and the highway law, in relation
to the siting of new electric transmission facilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this act is to offer in New York a tax credit for the
purchase of electric vehicles equal and equivalent to the existing
federal tax credit.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new subdivision 7 to Section 141 of the Public Service
Law to prioritize certain corridors to be utilized when siting new tran-
smission lines.

Section two amends Section 40 of the Highway Law to coordinate develop-
ment review of certain highway corridors by the DOT Commissioner, and

clarifying permitting process among the highway right of way.

Section 3 sets the effective date.

 
JUSTIFICATION:

The adoption of New York's clean energy standards has necessitated addi-
tional energy loads and transmission. New York already has many existing
rights of way that could be used for new energy transmission facilities,
including highway and railroad corridors and trails. This bill seeks to
prioritize existing corridors when examining new transmission facili-
ties, by making existing utility corridors the most preferable, followed
by existing road and railroad rights of way, trails (with any lines
being buried), and then new corridors.  Permitting on these corridors
shall be done by taking many considerations, including protection of the
environment.

Further, this bill directs the DOT Commissioner to engage in coordi-
nation with facility developers to review requested highway corridors
for possible permitting locations.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
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 therewith.

2025-S8114 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8114
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13020-01-5

 S. 8114                             2
 
 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.
   §  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
 S. 8114                             3
 
 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
 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.

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Senate Bill S8114

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S8114 (ACTIVE) - Details

2025-S8114 (ACTIVE) - Summary

2025-S8114 (ACTIVE) - Sponsor Memo

2025-S8114 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jeremy Cooney

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

2025-S8114 (ACTIVE) - Details

2025-S8114 (ACTIVE) - Summary

2025-S8114 (ACTIVE) - Sponsor Memo

2025-S8114 (ACTIVE) - Bill Text download pdf

Comments