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This entry was published on 2019-12-20
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SECTION 1020-II
Public notice before approval of utility transmission facilities
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1-A
§ 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
underground. This section also shall not apply to any major utility
transmission facility subject to the jurisdiction of article seven of
the public service law; and

(c) " 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
environmental 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) a summary of any studies including an environmental assessment or
environmental impact statement pursuant to article eight of the
environmental conservation law which have been made of the environmental
impact of the project, and a description of such studies;

(d) a statement explaining the need for the facility;

(e) a description of any reasonable alternate location or locations
assessed for the proposed facility;

(f) a description of the comparative merits and detriments of each
location submitted; and

(g) a statement of the reasons why the primary proposed location is
best suited for the facility.

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
executive officer thereof;

(b) each member of the legislature through whose district the utility
transmission facility or any alternate proposed would pass; and

(c) each authority customer.