Bill Text: NY S06861 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to requiring the Long Island Power Authority to provide public notice prior to the construction of utility transmission facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-28 - APPROVAL MEMO.22 [S06861 Detail]

Download: New_York-2017-S06861-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
            S. 6861                                                  A. 8609
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    September 1, 2017
                                       ___________
        IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Rules
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Corporations, Authorities and Commissions
        AN ACT to amend the public authorities law, in relation to requiring the
          Long  Island  Power  Authority  to  provide  public  notice  for   the
          construction of utility transmission facilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Sections 1020-ii, 1020-jj and 1020-kk of the public author-
     2  ities law, as renumbered by chapter 388 of the laws of 2011, are  renum-
     3  bered sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is
     4  added to read as follows:
     5    §  1020-ii.  Public  notice  before  approval  of utility transmission
     6  facilities. 1. As used in this section, the following terms  shall  have
     7  the following meanings:
     8    (a)  "municipality"  means  a  county,  city,  town  or village in the
     9  service area;
    10    (b) "utility transmission facility" means  any  electric  transmission
    11  line  in  the service area, including associated equipment. It shall not
    12  include any transmission line which is an in-kind replacement  or  which
    13  is  located wholly underground. This section also shall not apply to any
    14  major utility transmission facility subject to the jurisdiction of arti-
    15  cle seven of the public service law; and
    16    (c) "landowner" means the holder of any right, title, or  interest  in
    17  real  property as identified from the most recent tax roll of the appro-
    18  priate municipality located within five hundred feet of a proposed util-
    19  ity transmission facility.
    20    2. The authority shall not construct any utility transmission facility
    21  without first providing public notice as provided by  this  subdivision.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13310-02-7
        S. 6861                             2                            A. 8609
     1  Such  public  notice shall be provided by the authority before the envi-
     2  ronmental significance of such action is determined  by  the  authority,
     3  pursuant  to  article  eight of the environmental conservation law.  The
     4  public notice shall provide the following information:
     5    (a) the location of the site or right-of-way;
     6    (b) a description of the transmission facility to be built thereon;
     7    (c)  the  environmental  assessment  or environmental impact statement
     8  prepared for the action, pursuant to article eight of the  environmental
     9  conservation law;
    10    (d) a summary of any studies which have been made of the environmental
    11  impact of the project, and a description of such studies;
    12    (e) a statement explaining the need for the facility;
    13    (f)  a  description  of any reasonable alternate location or locations
    14  for the proposed facility;
    15    (g) a description of the comparative merits  and  detriments  of  each
    16  location submitted; and
    17    (h)  a  statement  of the reasons why the primary proposed location is
    18  best suited for the facility.
    19    Copies of the  environmental  assessment  form,  environmental  impact
    20  statement  and studies referred to in the notice shall be filed with the
    21  authority and shall be available for public inspection.
    22    3. Notice shall be provided by certified mail return receipt requested
    23  to:
    24    (a) each municipality in which any portion of such facility is  to  be
    25  located,  both  as  primarily  proposed and in the alternative locations
    26  listed. Notice to a municipality shall be addressed to the chief  execu-
    27  tive officer thereof;
    28    (b) each member of the legislature through whose district the facility
    29  or any alternate proposed in the application would pass; and
    30    (c) each landowner.
    31    § 2. This act shall take effect immediately.