* § 143. Application, notice, and review relating to major electric
transmission facility siting. 1. Notwithstanding any law to the
contrary, ORES shall, within one hundred twenty days after its receipt
of an application for a siting permit with respect to a major electric
transmission facility, determine whether the application is complete and
notify the applicant of its determination. If ORES does not deem the
application complete, it shall set forth in writing delivered to the
applicant the reasons why it has determined the application to be
incomplete. If ORES fails to make a determination within the foregoing
one hundred twenty day time period, the application shall be deemed
complete; provided, however, that the applicant may consent to an
extension of the one hundred twenty day time period for determining
application completeness. Provided, further, that no application may be
complete without proof of consultation with the municipality or
political subdivision where the project is proposed to be located, or an
agency thereof, prior to submission of an application to ORES, related
to procedural and substantive requirements of local law.

2. In addition to addressing uniform standards and conditions, the
application for a siting permit with respect to a major electric
transmission facility shall include, in such form as ORES may prescribe,
the following information: (i) the location of the site or right-of-way;
(ii) a description of the transmission facility to be built thereon;
(iii) a summary of any studies which have been made of the environmental
impact of the project, and a description of such studies; (iv) a
statement explaining the public need for the facility; (v) copies of any
studies of the electrical performance and system impacts of the facility
performed by the state grid operator pursuant to its tariff; (vi) such
other information as the applicant may consider relevant or ORES may by
regulation require; and (vii) a description of any reasonable
alternative location or locations for the proposed facility, a
description of the comparative merits and detriments of each location
submitted, and a statement of the reasons why the primary proposed
location is best suited for the facility.

3. To the greatest extent practicable, each landowner of land on which
any portion of such proposed facility is to be located shall be served
by first class mail with a notice that such landowner's property may be
impacted by a project and an explanation of how to file with ORES a
notice of intent to be a party in the permit application proceedings and
the timeframe for filing such application.

4. No later than sixty days following the date upon which an
application has been deemed complete, and following consultation with
any relevant state agency or authority, ORES shall publish for public
comment draft permit conditions prepared by the office of renewable
energy siting and electric transmissions, which comment period shall be
for a minimum of sixty days from public notice thereof. Such public
notice shall include, but shall not be limited to: (i) written notice to
the municipalities and political subdivisions, in which the major
electric utility transmission is proposed to be located and to
landowners notified of the application pursuant to subdivision three of
this section; (ii) publication in a newspaper or in electronic form,
having general circulation in such municipalities or political
subdivisions; (iii) posting on the office's and the department's
website; and (iv) written notice to each member of the legislature
through whose district the facility or any alternate proposed in the
application would pass and in the event that such facility or any
portion thereof is located within the Adirondack Park or Tug Hill, the
Adirondack Park Agency and Tug Hill commission respectively.

5. For any municipality, political subdivision or an agency thereof
that has received notice of the filing of an application, pursuant to
regulations promulgated in accordance with this section or otherwise in
effect on the effective date of this article, the municipality or
political subdivision or agency thereof shall within the timeframes
established by this act submit a statement to ORES indicating whether
the proposed facility is designed to be sited, constructed and operated
in compliance with applicable local laws and regulations, if any,
concerning the environment, or public health and safety. In the event
that a municipality, political subdivision or an agency thereof submits
a statement to ORES that the proposed facility is not designed to be
sited, constructed or operated in compliance with local laws and
regulations and ORES determines not to hold an adjudicatory hearing on
the application, ORES shall hold a non-adjudicatory public hearing in
the affected municipality or political subdivision.

6. If public comments on a draft permit condition published by ORES
pursuant to this section, including comments provided by a municipality
or political subdivision or agency thereof, landowners, or members of
the public, raise a substantive and significant issue, as defined in
regulations adopted pursuant to this article, that requires
adjudication, ORES shall promptly fix a date for an adjudicatory hearing
to hear arguments and consider evidence with respect thereto; provided,
however, that with respect to an application for a siting permit for a
major electric transmission facility, any portion of which is to be
located on the land of a landowner for which the applicant lacks a
right-of-way agreement, ORES shall provide such landowner with an
opportunity to challenge the explanation for the public need given in
such application. In any such adjudicatory hearing, ORES or the
department, shall designate members of its staff to represent the public
interest, including with respect to the application of local and state
laws.

7. Following the expiration of the public comment period set forth in
this section, and following the conclusion of a hearing undertaken
pursuant to subdivision six of this section, ORES shall, in the case of
a public comment period, issue a written summary of public comments and
an assessment of comments received, and in the case of an adjudicatory
hearing, the executive officer or any person to whom the executive
director has delegated such authority shall issue a final written
hearing report. A final siting permit may only be issued if ORES makes a
finding that the proposed project, together with any applicable uniform
and site-specific standards and conditions, would comply with applicable
laws and regulations. In making a final siting permit determination with
respect to a major renewable energy facility or a major electric
transmission facility, ORES may elect not to apply, in whole or in part,
any local law or ordinance that would otherwise be applicable if it
makes a finding that, as applied to the proposed facility, it is
unreasonably burdensome in view of the CLCPA targets, the environmental
benefits, and in the case of a transmission facility, the public need
for the proposed project.

8. Notwithstanding any other deadline made applicable by this section,
ORES shall make a final decision on a siting permit within one year from
the date the application was deemed complete. Unless ORES and the
applicant have agreed to an extension and if a final siting permit
decision has not been made by ORES within such time period, then such
siting permit shall be deemed to have been automatically granted for all
purposes set forth in this article and all uniform conditions or site
specific permit conditions issued for public comment shall constitute
enforceable provisions of the siting permit; provided, however, that
with respect to a final siting permit decision related to a major
electric transmission facility, any portion of which is to be located on
the land of a landowner for which the applicant lacks an existing
right-of-way agreement and in which ORES has not made a public need
determination, no such permit shall be automatically granted.

9. For a major electric transmission facility that would be
constructed substantially within existing rights-of-way that possess
existing major electric transmission infrastructure, the office of
renewable energy siting and electric transmission may include within its
regulations a framework that relieves certain requirements of this
article, provided that such relief is reasonable and does not impair any
rights of municipalities established under this article or limit
requirements relating to public notice or the finding of public need.

* NB Repealed December 31, 2040