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This entry was published on 2015-12-18
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SECTION 121-A
Procedures with respect to certain fuel gas transmission lines
Public Service (PBS) CHAPTER 48, ARTICLE 7
§ 121-a. Procedures with respect to certain fuel gas transmission
lines. 1. All persons who intend to construct fuel gas transmission
lines as described in this section shall file with the commission for
its approval the standards and practices which will be applied to
environmental management and construction of all such lines or shall
file a certified statement agreeing to construct such lines in
accordance with standards and practices on file and approved by the
commission.

2. A notice of intention to construct a fuel gas transmission line as
described in subdivision two of section one hundred twenty of this
article, which extends a distance of less than five miles and which is
six inches or less in nominal diameter, shall be filed with the
commission and shall contain:

(a) the date on or about which the applicant intends to begin
construction of the line;

(b) a brief statement describing and locating the line;

(c) an indication of the approved environmental management and
construction standards and practices that will be followed in an effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.

A copy of such notice shall be served on each municipality in which
any portion of such line is to be located and proof of service shall
accompany the notice filed with the commission.

To the greatest extent practicable, each landowner of land on which
any portion of such fuel gas transmission line is proposed to be located
shall be served by first class mail with a notice that such landowner's
property may be impacted by a project, including a description of the
project and an explanation of how to file with the commission a notice
of intent to be a party to the certification proceedings and the
timeframe for filing such application.

3. An application to construct a fuel gas transmission line as
described in subdivision two of section one hundred twenty of this
article, which extends a distance of less than ten miles, other than a
line described in subdivision two of this section, shall be filed with
the commission and shall contain:

(a) the information required by paragraphs (a), (b), (d) and (f) of
subdivision one of section one hundred twenty-two of this article;

(b) the description of the ecosystem, land use, visual and cultural
resources which would be affected by the line; and

(c) an indication of the approved environmental management and
construction standards and practices that will be followed in an effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.

A copy of such application shall be served on: (i) the department of
environmental conservation; (ii) the department of agriculture and
markets; and (iii) each municipality in which any portion of such line
is to be located; and proof of service shall accompany the application
filed with the commission. The commission shall serve a copy of such
application on such other person or entities as the commission may deem
appropriate. Such action shall be deemed compliance with the applicable
provisions of section one hundred twenty-two of this article. The
applicant, the commission and those served shall constitute the parties
notwithstanding the provisions of section one hundred twenty-four of
this article.

To the greatest extent practicable, each landowner of land on which
any portion of such fuel gas transmission line is proposed to be located
shall be served by first class mail with a notice that such landowner's
property may be impacted by a project, including a description of the
project and an explanation of how to file with the commission a notice
of intent to be a party to the certification proceedings and the
timeframe for filing such application.

4. If the notice or the application filed pursuant to subdivisions two
or three of this section respectively does not comply with the
requirements of such subdivision, the commission or its designee shall,
promptly, but in no event more than fourteen days from the date on which
it receives the notice or application, advise the person in writing of
noncompliance and how to comply.

5. Any person may file comments on an application with the commission.
The record of the certification proceeding under subdivision seven of
this section may be limited to the application, any comments filed by
the parties and any report prepared by the staff of the department of
public service, whether or not it acts as a party.

6. Upon receipt of a notice with respect to a fuel gas transmission
line that complies with subdivision two of this section, the commission
shall, within thirty days or less, determine whether there is a
substantial public interest requiring that the facility be reviewed 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 construction. Failure to act within
such thirty day period shall constitute a certificate for the purpose of
this article. If the commission determines that such review is required,
the commission shall serve a copy of the notice which shall constitute
the application, on such person or entities as the commission may deem
appropriate and which shall be deemed compliance with the applicable
provisions of section one hundred twenty-two of this article. The
applicant and such persons or entities shall constitute the parties, the
provisions of section one hundred twenty-four of this article
notwithstanding.

7. The commission shall render a decision upon the record within sixty
days from the date on which it receives an application complying with
subdivision three of this section or within sixty days from the date on
which it receives a notice complying with subdivision two of this
section on which it has made a determination that review under this
subdivision is in the public interest. Where the commission has required
a hearing it may extend the time required to render a decision. In
rendering its decision on a notice filed pursuant to subdivision two of
this section and reviewed under this subdivision, the commission is
required to find and determine only that the construction of a fuel gas
transmission line will minimize or avoid adverse environmental impacts
to the maximum extent practicable. In rendering its decision on an
application filed pursuant to subdivision three of this section, the
commission shall make only the determinations required by paragraphs
(a), (b), (e), (f) and (g) of subdivision one of section one hundred
twenty-six of this article.