Bill Text: NY A06609 | 2019-2020 | 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) 2020-07-14 - held for consideration in energy [A06609 Detail]

Download: New_York-2019-A06609-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6609
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  KOLB, MONTESANO, STEC, DiPIETRO, BRABENEC --
          Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, FRIEND, GIGLIO -- 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    §  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.
                                                                   LBD04199-01-9

        A. 6609                             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

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     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    §  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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