Bill Text: NY A01731 | 2013-2014 | General Assembly | Introduced


Bill Title: Establishes a procedure for the approval of increasing the transfer capability of existing electric transmission lines.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2014-06-03 - held for consideration in energy [A01731 Detail]

Download: New_York-2013-A01731-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1731
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. KOLB, MONTESANO -- Multi-Sponsored by -- M. of A.
         BARCLAY,  CROUCH, DUPREY, GIGLIO, JORDAN, REILICH, TENNEY -- read once
         and referred to the Committee on Energy
       AN ACT to amend the public service law, in relation to  improvements  to
         electric transmission lines
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public service law is amended by adding a  new  section
    2  121-b to read as follows:
    3    S  121-B. PROCEDURES WITH RESPECT TO INCREASING TRANSFER CAPABILITY OF
    4  EXISTING ELECTRIC TRANSMISSION LINES. 1. ANY  PERSON  PROPOSING  (I)  TO
    5  RECONSTRUCT  AN ELECTRIC TRANSMISSION LINE AS DESCRIBED IN PARAGRAPH (A)
    6  OF SUBDIVISION TWO OF  SECTION  ONE  HUNDRED  TWENTY  OF  THIS  ARTICLE,
    7  PREDOMINANTLY  IN  AN  EXISTING  UTILITY OR PUBLIC RIGHT-OF-WAY, FOR THE
    8  PURPOSE OF INCREASING THE TRANSFER CAPABILITY OF SUCH LINE, AND WHO  HAS
    9  NOT RECEIVED A DETERMINATION FROM THE COMMISSION THAT THE RECONSTRUCTION
   10  CONSTITUTES  THE  REPLACEMENT OF EXISTING WITH LIKE FACILITIES, PURSUANT
   11  TO SUBDIVISION ONE OF SECTION ONE HUNDRED TWENTY-ONE OF THIS ARTICLE, OR
   12  (II) TO RECONSTRUCT AN ELECTRIC TRANSMISSION LINE THAT IS NOT  DESCRIBED
   13  IN  PARAGRAPH  (A)  OF  SUBDIVISION TWO OF SECTION ONE HUNDRED TWENTY OF
   14  THIS ARTICLE AND SUCH RECONSTRUCTION WOULD RESULT IN A TRANSMISSION LINE
   15  AS DESCRIBED IN SUCH PARAGRAPH (A), IN AN  EXISTING  UTILITY  OR  PUBLIC
   16  RIGHT-OF-WAY,  FOR  THE PURPOSE OF INCREASING THE TRANSFER CAPABILITY OF
   17  SUCH LINE, AND WHO HAS NOT RECEIVED A DETERMINATION FROM THE  COMMISSION
   18  THAT  THE  RECONSTRUCTION  CONSTITUTES  THE REPLACEMENT OF EXISTING WITH
   19  LIKE FACILITIES, PURSUANT TO SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED
   20  TWENTY-ONE  OF  THIS ARTICLE, SHALL FILE AN APPLICATION WITH THE COMMIS-
   21  SION IDENTIFYING OR PROVIDING:
   22    (A) THE LOCATION OF THE TRANSMISSION LINE, OR PORTION THEREOF,  TO  BE
   23  RECONSTRUCTED;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00884-01-3
       A. 1731                             2
    1    (B)  A  DESCRIPTION OF THE PROPOSED RECONSTRUCTION OF THE TRANSMISSION
    2  LINE;
    3    (C) A STATEMENT EXPLAINING THE NEED FOR THE PROPOSED RECONSTRUCTION OF
    4  THE TRANSMISSION LINE;
    5    (D)  A SUMMARY OF ANY STUDIES THAT HAVE BEEN MADE OF THE ENVIRONMENTAL
    6  IMPACT OF THE PROPOSED LINE, AND A DESCRIPTION OF SUCH STUDIES;
    7    (E) A DESCRIPTION OF THE ECOSYSTEM,  LAND  USE,  VISUAL  AND  CULTURAL
    8  RESOURCES  WHICH  WOULD BE SUBSTANTIALLY AFFECTED BY THE PROPOSED RECON-
    9  STRUCTION OF THE TRANSMISSION LINE;
   10    (F) A STATEMENT THAT THE APPLICANT  SHALL  COMPLY  WITH  ENVIRONMENTAL
   11  MANAGEMENT  AND  CONSTRUCTION  STANDARDS  AND  PRACTICES APPROVED BY THE
   12  COMMISSION TO BE FOLLOWED, TO THE  MAXIMUM  EXTENT  PRACTICABLE,  DURING
   13  RECONSTRUCTION  AND OPERATION, IN AN EFFORT TO MINIMIZE OR AVOID ADVERSE
   14  ENVIRONMENTAL IMPACTS FROM THE PROPOSED RECONSTRUCTION OF THE LINE; AND
   15    (G) SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER  RELEVANT  OR
   16  AS THE COMMISSION MAY REQUIRE.
   17    COPIES OF ALL STUDIES REFERRED TO IN PARAGRAPH (D) OF THIS SUBDIVISION
   18  SHALL  BE  FILED  WITH  THE  COMMISSION  AND  MADE  AVAILABLE FOR PUBLIC
   19  INSPECTION AT AN OFFICE OF THE APPLICANT NEAR THE PROJECT LOCATION.
   20    THE APPLICANT SHALL PROVIDE FOR THE PUBLICATION  OF  A  NOTICE,  IN  A
   21  NEWSPAPER  OF  GENERAL  CIRCULATION  IN EACH COUNTY IN WHICH THE LINE IS
   22  PROPOSED TO BE RECONSTRUCTED, OF SUCH APPLICATION FILED WITH THE COMMIS-
   23  SION. SUCH NOTICE SHALL CONTAIN A BRIEF DESCRIPTION OF THE  LINE  TO  BE
   24  RECONSTRUCTED, THE PROPOSED RECONSTRUCTION WORK, INFORMATION TO IDENTIFY
   25  THE  LOCATION  OF  THE  RECONSTRUCTION  WORK, THE DATE ON OR ABOUT WHICH
   26  RECONSTRUCTION IS INTENDED TO BEGIN, AND A STATEMENT THAT SUCH  APPLICA-
   27  TION IS AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICES OF THE COMMISSION
   28  AND AT ONE OR MORE SPECIFIED LOCATIONS NEAR THE PROPOSED PROJECT SITE.
   29    2.  EACH APPLICATION, INCLUDING THE APPLICATION FILED WITH THE COMMIS-
   30  SION, SHALL BE ACCOMPANIED BY PROOF OF SERVICE, AND SHALL BE  SERVED  ON
   31  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF ECONOMIC
   32  DEVELOPMENT,  THE  DIVISION  OF  COASTAL  RESOURCES OF THE DEPARTMENT OF
   33  STATE, THE DEPARTMENT OF AGRICULTURE  AND  MARKETS,  THE  DEPARTMENT  OF
   34  TRANSPORTATION,  THE  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
   35  TION, AND EACH MUNICIPALITY IN WHICH ANY PORTION OF  THE  RECONSTRUCTION
   36  WORK WILL OCCUR. THE APPLICANT SHALL SERVE A COPY OF SUCH APPLICATION ON
   37  SUCH OTHER PERSONS OR ENTITIES AS THE CHAIRMAN MAY DEEM APPROPRIATE. THE
   38  APPLICANT,  THE COMMISSION AND THOSE SERVED SHALL CONSTITUTE THE PARTIES
   39  TO A PROCEEDING PURSUANT TO THIS SECTION, NOTWITHSTANDING THE PROVISIONS
   40  OF SECTION ONE HUNDRED TWENTY-FOUR OF THIS ARTICLE.
   41    3. AFTER THE RECEIPT OF AN APPLICATION FILED PURSUANT  TO  SUBDIVISION
   42  ONE OF THIS SECTION, THE CHAIRMAN OF THE COMMISSION SHALL, WITHIN THIRTY
   43  DAYS,  DETERMINE  WHETHER THE APPLICATION COMPLIES WITH THE REQUIREMENTS
   44  OF THIS SECTION. IF THE APPLICATION DOES NOT COMPLY WITH  SUCH  REQUIRE-
   45  MENTS,  SUCH  CHAIRMAN  SHALL PROMPTLY, BUT IN NO EVENT MORE THAN THIRTY
   46  DAYS AFTER RECEIPT OF THE APPLICATION, ADVISE THE PERSON, IN WRITING, OF
   47  SUCH NONCOMPLIANCE AND DEFICIENCIES TO BE CORRECTED.
   48    4. UPON  A  DETERMINATION  THAT  AN  APPLICATION  COMPLIES  WITH  SUCH
   49  REQUIREMENTS,  THE  COMMISSION  SHALL,  WITHIN  THIRTY  DAYS THEREAFTER,
   50  DETERMINE WHETHER THERE  IS  A  SUBSTANTIAL  PUBLIC  INTEREST  REQUIRING
   51  REVIEW  OF  THE LINE PROPOSED TO BE RECONSTRUCTED IN ACCORDANCE WITH THE
   52  PROVISIONS OF SUBDIVISION SEVEN  OF  THIS  SECTION.  IF  THE  COMMISSION
   53  DETERMINES THAT SUCH REVIEW IS NOT REQUIRED IT SHALL ISSUE A CERTIFICATE
   54  AUTHORIZING  SUCH RECONSTRUCTION. IF THE COMMISSION DETERMINES THAT SUCH
   55  REVIEW IS REQUIRED, IT SHALL FIX A DATE FOR A PUBLIC  HEARING  NOT  LESS
   56  THAN  TWENTY  BUT  NO  MORE THAN SIXTY DAYS FROM SUCH DETERMINATION. THE
       A. 1731                             3
    1  COMMISSION MAY REQUIRE A PREHEARING CONFERENCE TO EXPEDITE  THE  ORDERLY
    2  CONDUCT  AND  DISPOSITION  OF THE HEARING, TO SPECIFY THE ISSUES, AND TO
    3  OBTAIN STIPULATIONS AS TO UNDISPUTED MATTERS.
    4    5. ANY PERSON MAY FILE COMMENTS ON AN APPLICATION WITH THE COMMISSION.
    5    6. THE COMMISSION SHALL RENDER A FINAL DECISION UPON THE RECORD WITHIN
    6  ONE  HUNDRED FIFTY DAYS FROM THE DATE OF A DETERMINATION BY THE CHAIRMAN
    7  OF THE COMMISSION THAT AN APPLICATION COMPLIES WITH SUBDIVISION  ONE  OF
    8  THIS  SECTION,  PROVIDED  THAT THE COMMISSION MAY EXTEND THE DEADLINE IF
    9  ADDITIONAL TIME IS NECESSARY TO  CONSIDER  A  MATERIAL  AND  SUBSTANTIAL
   10  AMENDMENT TO THE APPLICATION, OR IF THE APPLICANT WAIVES THE DEADLINE.
   11    7.  THE  COMMISSION  SHALL  RENDER  A  DECISION UPON THE RECORD EITHER
   12  GRANTING OR DENYING THE APPLICATION AS FILED, OR GRANTING IT  UPON  SUCH
   13  TERMS, CONDITIONS, LIMITATIONS OR MODIFICATIONS OF THE RECONSTRUCTION OR
   14  OPERATION OF THE LINE AS THE COMMISSION MAY DEEM APPROPRIATE. IN RENDER-
   15  ING  ITS  DECISION  ON  SUCH  APPLICATION, THE COMMISSION SHALL FIND AND
   16  DETERMINE:
   17    (A) THE NEED FOR THE PROPOSED RECONSTRUCTION OF THE LINE;
   18    (B) THE NATURE OF THE PROBABLE ENVIRONMENTAL IMPACT  OF  THE  PROPOSED
   19  RECONSTRUCTION OF THE LINE;
   20    (C)  THAT THE DESIGN FOR THE PROPOSED RECONSTRUCTION OF THE LINE MINI-
   21  MIZES ADVERSE ENVIRONMENTAL IMPACTS, TO THE EXTENT PRACTICABLE,  CONSID-
   22  ERING THE STATE OF AVAILABLE TECHNOLOGY;
   23    (D) THAT THE PROPOSED RECONSTRUCTION WORK CONFORMS TO APPLICABLE STATE
   24  AND  LOCAL  LAWS  AND  REGULATIONS ISSUED PURSUANT THERETO, ALL OF WHICH
   25  SHALL BE BINDING UPON THE COMMISSION, EXCEPT  THAT  THE  COMMISSION  MAY
   26  REFUSE  TO APPLY ANY LOCAL LAW, ORDINANCE, RESOLUTION OR OTHER ACTION OR
   27  ANY REGULATION ISSUED THEREUNDER OR ANY LOCAL  STANDARD  OR  REQUIREMENT
   28  THAT  WOULD  OTHERWISE BE APPLICABLE IF IT FINDS THAT, AS APPLIED TO THE
   29  PROPOSED LINE, SUCH LOCAL LAW, ORDINANCE, RESOLUTION OR OTHER ACTION  OR
   30  ANY REGULATION ISSUED PURSUANT THERETO OR ANY LOCAL STANDARD OR REQUIRE-
   31  MENT  IS  UNREASONABLY RESTRICTIVE IN VIEW OF THE EXISTING TECHNOLOGY OR
   32  OF FACTORS OF COST OR ECONOMICS, OR OF THE NEEDS  OF  CONSUMERS  WHETHER
   33  LOCATED INSIDE OR OUTSIDE OF SUCH MUNICIPALITY; AND
   34    (E) THAT THE PROPOSED RECONSTRUCTION OF THE LINE WILL SERVE THE PUBLIC
   35  INTEREST, CONVENIENCE AND NECESSITY.
   36    S  2.  This  act shall take effect on the thirtieth day after it shall
   37  have become a law and shall apply to applications filed on or after such
   38  effective date.
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