Bill Text: NY S00071 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to fuel gas transmission lines; discusses procedures for filing for landowners and determining adverse environmental effects on agricultural lands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-06-24 - SUBSTITUTED BY A2458A [S00071 Detail]
Download: New_York-2015-S00071-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
71--A
Cal. No. 1011
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the public service law, in relation to fuel gas trans-
mission lines
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 120 of the public service law is amended by adding
2 a new subdivision 5 to read as follows:
3 5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
4 REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
5 FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE CITY OR COUNTY.
6 S 2. Section 121-a of the public service law, as added by chapter 538
7 of the laws of 1981, is amended to read as follows:
8 S 121-a. Procedures with respect to certain fuel gas transmission
9 lines. 1. All persons who intend to construct fuel gas transmission
10 lines as described in this section shall file with the commission for
11 its approval the standards and practices which will be applied to envi-
12 ronmental management and construction of all such lines or shall file a
13 certified statement agreeing to construct such lines in accordance with
14 standards and practices on file and approved by the commission.
15 2. A notice of intention to construct a fuel gas transmission line as
16 described in subdivision two of section one hundred twenty OF THIS ARTI-
17 CLE, which extends a distance of less than five miles and which is six
18 inches or less in nominal diameter, shall be filed with the commission
19 and shall contain:
20 (a) the date on or about which the applicant intends to begin
21 construction of the line;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01366-02-5
S. 71--A 2
1 (b) a brief statement describing and locating the line;
2 (c) an indication of the approved environmental management and
3 construction standards and practices that will be followed in an effort
4 to minimize or avoid adverse environmental impacts to the maximum extent
5 practicable.
6 A copy of such notice shall be served on each municipality in which
7 any portion of such line is to be located and proof of service shall
8 accompany the notice filed with the commission.
9 TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON WHICH
10 ANY PORTION OF SUCH FUEL GAS TRANSMISSION LINE IS PROPOSED TO BE LOCATED
11 SHALL BE SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S
12 PROPERTY MAY BE IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE
13 PROJECT AND AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE
14 OF INTENT TO BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIME-
15 FRAME FOR FILING SUCH APPLICATION.
16 3. An application to construct a fuel gas transmission line as
17 described in subdivision two of section one hundred twenty OF THIS ARTI-
18 CLE, which extends a distance of less than ten miles, other than a line
19 described in subdivision two of this section, shall be filed with the
20 commission and shall contain:
21 (a) the information required by paragraphs (a), (b), (d) and (f) of
22 subdivision one of section one hundred twenty-two OF THIS ARTICLE;
23 (b) the description of the ecosystem, land use, visual and cultural
24 resources which would be affected by the line; and
25 (c) an indication of the approved environmental management and
26 construction standards and practices that will be followed in an effort
27 to minimize or avoid adverse environmental impacts to the maximum extent
28 practicable.
29 A copy of such application shall be served on: (i) the department of
30 environmental conservation; (ii) the department of agriculture and
31 markets; and (iii) each municipality in which any portion of such line
32 is to be located; and proof of service shall accompany the application
33 filed with the commission. The commission shall serve a copy of such
34 application on such other person or entities as the commission may deem
35 appropriate. Such action shall be deemed compliance with the applicable
36 provisions of section one hundred twenty-two of this article. The appli-
37 cant, the commission and those served shall constitute the parties
38 notwithstanding the provisions of section one hundred twenty-four OF
39 THIS ARTICLE.
40 TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON WHICH
41 ANY PORTION OF SUCH FUEL GAS TRANSMISSION LINE IS PROPOSED TO BE LOCATED
42 SHALL BE SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S
43 PROPERTY MAY BE IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE
44 PROJECT AND AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE
45 OF INTENT TO BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIME-
46 FRAME FOR FILING SUCH APPLICATION.
47 4. If the notice or the application filed pursuant to subdivisions two
48 or three of this section respectively does not comply with the require-
49 ments of such subdivision, the commission or its designee shall, prompt-
50 ly, but in no event more than fourteen days from the date on which it
51 receives the notice or application, advise the person in writing of
52 noncompliance and how to comply.
53 5. Any person may file comments on an application with the commission.
54 The record of the certification proceeding under subdivision seven OF
55 THIS SECTION may be limited to the application, any comments filed by
S. 71--A 3
1 the parties and any report prepared by the staff of the department of
2 public service, whether or not it acts as a party.
3 6. Upon receipt of a notice with respect to a fuel gas transmission
4 line that complies with subdivision two of this section, the commission
5 shall, within thirty days or less, determine whether there is a substan-
6 tial public interest requiring that the facility be reviewed in accord-
7 ance with the provisions of subdivision seven of this section. If the
8 commission determines that such review is not required it shall issue a
9 certificate authorizing such construction. Failure to act within such
10 thirty day period shall constitute a certificate for the purpose of this
11 article. If the commission determines that such review is required, the
12 commission shall serve a copy of the notice which shall constitute the
13 application, on such person or entities as the commission may deem
14 appropriate and which shall be deemed compliance with the applicable
15 provisions of section one hundred twenty-two of this article. The appli-
16 cant and such persons or entities shall constitute the parties, the
17 provisions of section one hundred twenty-four OF THIS ARTICLE notwith-
18 standing.
19 7. The commission shall render a decision upon the record within sixty
20 days from the date on which it receives an application complying with
21 subdivision three OF THIS SECTION or within sixty days from the date on
22 which it receives a notice complying with subdivision two OF THIS
23 SECTION on which it has made a determination that review under this
24 subdivision is in the public interest. Where the commission has required
25 a hearing it may extend the time required to render a decision. In
26 rendering its decision on a notice filed pursuant to subdivision two OF
27 THIS SECTION and reviewed under this subdivision, the commission is
28 required to find and determine only that the construction of a fuel gas
29 transmission line will minimize or avoid adverse environmental impacts
30 to the maximum extent practicable. In rendering its decision on an
31 application filed pursuant to subdivision three OF THIS SECTION, the
32 commission shall make only the determinations required by paragraphs
33 (a), (b), (e), (f) and (g) of subdivision one of section one hundred
34 twenty-six OF THIS ARTICLE.
35 S 3. Subdivision 2 of section 122 of the public service law, as added
36 by chapter 272 of the laws of 1970, paragraph (a) as amended by chapter
37 464 of the laws of 1975, subparagraph ii of paragraph (a) as amended and
38 subparagraph v of paragraph (a) as relettered by chapter 362 of the laws
39 of 1987, and subparagraph iv of paragraph (a) as amended by chapter 72
40 of the laws of 2004, is amended to read as follows:
41 2. Each application shall be accompanied by proof of service of: (a) a
42 copy of such application on:
43 i. each municipality in which any portion of such facility is to be
44 located, both as primarily proposed and in the alternative locations
45 listed. Notice to a municipality shall be addressed to the chief execu-
46 tive officer thereof and shall specify the date on or about which the
47 application is to be filed;
48 ii. the commissioner of environmental conservation, the commissioner
49 of [commerce] ECONOMIC DEVELOPMENT, the secretary of state, the commis-
50 sioner of agriculture and markets and the commissioner of parks, recre-
51 ation and historic preservation;
52 iii. each member of the legislature through whose district the facili-
53 ty or any alternate proposed in the application would pass;
54 iv. in the event such facility or any portion thereof is located
55 within its jurisdiction, the Tug Hill commission[.];
S. 71--A 4
1 v. in the event such facility or any portion thereof is located with-
2 in the Adirondack park, as defined in subdivision one of section 9--0101
3 of the environmental conservation law, the Adirondack park agency.
4 (b) a notice of such application on persons residing in municipalities
5 entitled to receive notice under subparagraph i[.] of paragraph a OF
6 THIS SUBDIVISION. Such notice shall be given by the publication of a
7 summary of the application and the date on or about which it will be
8 filed, to be published under regulations to be promulgated by the
9 commission, in such form and in such newspapers as will serve substan-
10 tially to inform the public of such application.
11 (C) TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON
12 WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE
13 SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
14 MAY BE IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE PROJECT AND
15 AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE OF INTENT TO
16 BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIMEFRAME FOR FILING
17 SUCH APPLICATION.
18 S 4. Paragraphs (d), (e), (f) and (g) of subdivision 1 of section 126
19 of the public service law, paragraphs (d), (e) and (f) as added by chap-
20 ter 272 of the laws of 1970 and paragraph (g) as amended by chapter 760
21 of the laws of 1978, are amended to read as follows:
22 (d) THAT THE FACILITY REPRESENTS A MINIMUM ADVERSE IMPACT ON ACTIVE
23 FARMING OPERATIONS THAT PRODUCE CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS,
24 AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS
25 LAW, CONSIDERING THE STATE OF AVAILABLE TECHNOLOGY AND THE NATURE AND
26 ECONOMICS OF VARIOUS ALTERNATIVES, AND THE OWNERSHIP AND EASEMENT RIGHTS
27 OF THE IMPACTED PROPERTY;
28 (E) in the case of an electric transmission line, (1) what part, if
29 any, of the line shall be located underground; (2) that such facility
30 conforms to a long-range plan for expansion of the electric power grid
31 of the electric systems serving this state and interconnected utility
32 systems, which will serve the interests of electric system economy and
33 reliability;
34 [(e)] (F) in the case of a gas transmission line, that the location of
35 the line will not pose an undue hazard to persons or property along the
36 area traversed by the line;
37 [(f)] (G) that the location of the facility as proposed conforms to
38 applicable state and local laws and regulations issued thereunder, all
39 of which shall be binding upon the commission, except that the commis-
40 sion may refuse to apply any local ordinance, law, resolution or other
41 action or any regulation issued thereunder or any local standard or
42 requirement which would be otherwise applicable if it finds that as
43 applied to the proposed facility such is unreasonably restrictive in
44 view of the existing technology, or of factors of cost or economics, or
45 of the needs of consumers whether located inside or outside of such
46 municipality[.];
47 [(g)] (H) that the facility will serve the public interest, conven-
48 ience, and necessity, provided, however, that a determination of neces-
49 sity made by the power authority of the state of New York pursuant to
50 section ten hundred five of the public authorities law for a major util-
51 ity transmission facility for which an application has been filed prior
52 to July first, nineteen hundred seventy-eight pursuant to section one
53 hundred twenty-two of this chapter, shall be conclusive on the commis-
54 sion.
55 S 5. This act shall take effect immediately.
