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.
