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This entry was published on 2020-04-17
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SECTION 126
The decision
Public Service (PBS) CHAPTER 48, ARTICLE 7
§ 126. The decision. 1. The commission shall render a decision upon
the record either granting or denying the application as filed or
granting it upon such terms, conditions, limitations or modifications of
the construction or operation of the facility as the commission may deem
appropriate. If the commission denies the application, it shall file,
with its order, an opinion stating in full its reasons for the denial.
Except as provided in subdivision two of this section, the commission
may not grant a certificate for the construction or operation of a major
utility transmission facility, either as proposed or as modified by the
commission, unless it shall find and determine:

(a) the basis of the need for the facility;

(b) the nature of the probable environmental impact;

* (c) that the facility avoids or minimizes to the extent practicable
any significant adverse environmental impact, considering the state of
available technology and the nature and economics of the various
alternatives, and other pertinent considerations including but not
limited to, the effect on agricultural lands, wetlands, parklands and
river corridors traversed;

* NB Effective until December 31, 2030

* (c) that the facility represents the minimum adverse environmental
impact, considering the state of available technology and the nature and
economics of the various alternatives, and other pertinent
considerations including but not limited to, the effect on agricultural
lands, wetlands, parklands and river corridors traversed;

* NB Effective December 31, 2030

* (d) that the facility avoids or minimizes to the extent practicable
any significant adverse impact on active farming operations that produce
crops, livestock and livestock products, as defined in section three
hundred one of the agriculture and markets law, considering the state of
available technology and the nature and economics of various
alternatives, and the ownership and easement rights of the impacted
property;

* NB Effective until December 31, 2030

* (d) that the facility represents a minimum adverse impact on active
farming operations that produce crops, livestock and livestock products,
as defined in section three hundred one of the agriculture and markets
law, considering the state of available technology and the nature and
economics of various alternatives, and the ownership and easement rights
of the impacted property;

* NB Effective December 31, 2030

(e) in the case of an electric transmission line, (1) what part, if
any, of the line shall be located underground; (2) that such facility
conforms to a long-range plan for expansion of the electric power grid
of the electric systems serving this state and interconnected utility
systems, which will serve the interests of electric system economy and
reliability;

(f) in the case of a gas transmission line, that the location of the
line will not pose an undue hazard to persons or property along the area
traversed by the line;

(g) that the location of the facility as proposed conforms to
applicable state and local laws and regulations issued thereunder, all
of which shall be binding upon the commission, except that the
commission may refuse to apply any local ordinance, law, resolution or
other action or any regulation issued thereunder or any local standard
or requirement which would be otherwise applicable if it finds that as
applied to the proposed facility such is unreasonably restrictive in
view of the existing technology, or of factors of cost or economics, or
of the needs of consumers whether located inside or outside of such
municipality;

(h) that the facility will serve the public interest, convenience, and
necessity, provided, however, that a determination of necessity made by
the power authority of the state of New York pursuant to section ten
hundred five of the public authorities law for a major utility
transmission facility for which an application has been filed prior to
July first, nineteen hundred seventy-eight pursuant to section one
hundred twenty-two of this chapter, shall be conclusive on the
commission.

2. In the case of an electric transmission line to be constructed by
the power authority of the state of New York and located in part under
the waters of Long Island Sound and for the remaining part underground,
the commission shall make only the findings and determinations required
by paragraphs (b), (c) and (f) of subdivision one of this section and,
on the basis of such findings and determinations, shall grant, grant in
part, or deny the certificate.

3. If the commission determines that the location of all or a part of
the proposed facility should be modified, it may condition its
certificate upon such modification, provided that the municipalities and
persons residing in such municipalities affected by the modification
shall have had notice of the application as provided in subdivision two
of section one hundred twenty-two.

4. A copy of the order and any opinion issued therewith pursuant to
section one hundred twenty-seven shall be served upon each party.