S T A T E O F N E W Y O R K
________________________________________________________________________
2458--A
Cal. No. 473
2015-2016 Regular Sessions
I N A S S E M B L Y
January 16, 2015
___________
Introduced by M. of A. BRONSON, SEAWRIGHT, ABINANTI -- read once and
referred to the Committee on Corporations, Authorities and Commissions
-- reported and referred to the Committee on Codes -- reported from
committee, advanced to a third reading, amended and ordered reprinted,
retaining its place on 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:
Section 1. Section 120 of the public service law is amended by adding
a new subdivision 5 to read as follows:
5. "LANDOWNER" MEANS THE HOLDER OF ANY RIGHT, TITLE, OR INTEREST IN
REAL PROPERTY SUBJECT TO A PROPOSED SITE OR RIGHT OF WAY AS IDENTIFIED
FROM THE MOST RECENT TAX ROLL OF THE APPROPRIATE CITY OR COUNTY.
S 2. Section 121-a of the public service law, as added by chapter 538
of the laws of 1981, is amended to read as follows:
S 121-a. Procedures with respect to certain fuel gas transmission
lines. 1. All persons who intend to construct fuel gas transmission
lines as described in this section shall file with the commission for
its approval the standards and practices which will be applied to envi-
ronmental management and construction of all such lines or shall file a
certified statement agreeing to construct such lines in accordance with
standards and practices on file and approved by the commission.
2. A notice of intention to construct a fuel gas transmission line as
described in subdivision two of section one hundred twenty OF THIS ARTI-
CLE, which extends a distance of less than five miles and which is six
inches or less in nominal diameter, shall be filed with the commission
and shall contain:
(a) the date on or about which the applicant intends to begin
construction of the line;
(b) a brief statement describing and locating the line;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01366-03-5
A. 2458--A 2
(c) an indication of the approved environmental management and
construction standards and practices that will be followed in an effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.
A copy of such notice shall be served on each municipality in which
any portion of such line is to be located and proof of service shall
accompany the notice filed with the commission.
TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON WHICH
ANY PORTION OF SUCH FUEL GAS TRANSMISSION LINE IS PROPOSED TO BE LOCATED
SHALL BE SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S
PROPERTY MAY BE IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE
PROJECT AND AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE
OF INTENT TO BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIME-
FRAME FOR FILING SUCH APPLICATION.
3. An application to construct a fuel gas transmission line as
described in subdivision two of section one hundred twenty OF THIS ARTI-
CLE, which extends a distance of less than ten miles, other than a line
described in subdivision two of this section, shall be filed with the
commission and shall contain:
(a) the information required by paragraphs (a), (b), (d) and (f) of
subdivision one of section one hundred twenty-two OF THIS ARTICLE;
(b) the description of the ecosystem, land use, visual and cultural
resources which would be affected by the line; and
(c) an indication of the approved environmental management and
construction standards and practices that will be followed in an effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.
A copy of such application shall be served on: (i) the department of
environmental conservation; (ii) the department of agriculture and
markets; and (iii) each municipality in which any portion of such line
is to be located; and proof of service shall accompany the application
filed with the commission. The commission shall serve a copy of such
application on such other person or entities as the commission may deem
appropriate. Such action shall be deemed compliance with the applicable
provisions of section one hundred twenty-two of this article. The appli-
cant, the commission and those served shall constitute the parties
notwithstanding the provisions of section one hundred twenty-four OF
THIS ARTICLE.
TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON WHICH
ANY PORTION OF SUCH FUEL GAS TRANSMISSION LINE IS PROPOSED TO BE LOCATED
SHALL BE SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S
PROPERTY MAY BE IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE
PROJECT AND AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE
OF INTENT TO BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIME-
FRAME FOR FILING SUCH APPLICATION.
4. If the notice or the application filed pursuant to subdivisions two
or three of this section respectively does not comply with the require-
ments of such subdivision, the commission or its designee shall, prompt-
ly, but in no event more than fourteen days from the date on which it
receives the notice or application, advise the person in writing of
noncompliance and how to comply.
5. Any person may file comments on an application with the commission.
The record of the certification proceeding under subdivision seven OF
THIS SECTION may be limited to the application, any comments filed by
the parties and any report prepared by the staff of the department of
public service, whether or not it acts as a party.
A. 2458--A 3
6. Upon receipt of a notice with respect to a fuel gas transmission
line that complies with subdivision two of this section, the commission
shall, within thirty days or less, determine whether there is a substan-
tial public interest requiring that the facility be reviewed in accord-
ance with the provisions of subdivision seven of this section. If the
commission determines that such review is not required it shall issue a
certificate authorizing such construction. Failure to act within such
thirty day period shall constitute a certificate for the purpose of this
article. If the commission determines that such review is required, the
commission shall serve a copy of the notice which shall constitute the
application, on such person or entities as the commission may deem
appropriate and which shall be deemed compliance with the applicable
provisions of section one hundred twenty-two of this article. The appli-
cant and such persons or entities shall constitute the parties, the
provisions of section one hundred twenty-four OF THIS ARTICLE notwith-
standing.
7. The commission shall render a decision upon the record within sixty
days from the date on which it receives an application complying with
subdivision three OF THIS SECTION or within sixty days from the date on
which it receives a notice complying with subdivision two OF THIS
SECTION on which it has made a determination that review under this
subdivision is in the public interest. Where the commission has required
a hearing it may extend the time required to render a decision. In
rendering its decision on a notice filed pursuant to subdivision two OF
THIS SECTION and reviewed under this subdivision, the commission is
required to find and determine only that the construction of a fuel gas
transmission line will minimize or avoid adverse environmental impacts
to the maximum extent practicable. In rendering its decision on an
application filed pursuant to subdivision three OF THIS SECTION, the
commission shall make only the determinations required by paragraphs
(a), (b), (e), (f) and (g) of subdivision one of section one hundred
twenty-six OF THIS ARTICLE.
S 3. Subdivision 2 of section 122 of the public service law, as added
by chapter 272 of the laws of 1970, paragraph (a) as amended by chapter
464 of the laws of 1975, subparagraph ii of paragraph (a) as amended and
subparagraph v of paragraph (a) as relettered by chapter 362 of the laws
of 1987, and subparagraph iv of paragraph (a) as amended by chapter 72
of the laws of 2004, is amended to read as follows:
2. Each application shall be accompanied by proof of service of: (a) a
copy of such application on:
i. each municipality in which any portion of such facility is to be
located, both as primarily proposed and in the alternative locations
listed. Notice to a municipality shall be addressed to the chief execu-
tive officer thereof and shall specify the date on or about which the
application is to be filed;
ii. the commissioner of environmental conservation, the commissioner
of [commerce] ECONOMIC DEVELOPMENT, the secretary of state, the commis-
sioner of agriculture and markets and the commissioner of parks, recre-
ation and historic preservation;
iii. each member of the legislature through whose district the facili-
ty or any alternate proposed in the application would pass;
iv. in the event such facility or any portion thereof is located
within its jurisdiction, the Tug Hill commission[.];
v. in the event such facility or any portion thereof is located with-
in the Adirondack park, as defined in subdivision one of section 9--0101
of the environmental conservation law, the Adirondack park agency.
A. 2458--A 4
(b) a notice of such application on persons residing in municipalities
entitled to receive notice under subparagraph i[.] of paragraph a OF
THIS SUBDIVISION. Such notice shall be given by the publication of a
summary of the application and the date on or about which it will be
filed, to be published under regulations to be promulgated by the
commission, in such form and in such newspapers as will serve substan-
tially to inform the public of such application.
(C) TO THE GREATEST EXTENT PRACTICABLE, EACH LANDOWNER OF LAND ON
WHICH ANY PORTION OF SUCH PROPOSED FACILITY IS TO BE LOCATED SHALL BE
SERVED BY FIRST CLASS MAIL WITH A NOTICE THAT SUCH LANDOWNER'S PROPERTY
MAY BE IMPACTED BY A PROJECT, INCLUDING A DESCRIPTION OF THE PROJECT AND
AN EXPLANATION OF HOW TO FILE WITH THE COMMISSION A NOTICE OF INTENT TO
BE A PARTY TO THE CERTIFICATION PROCEEDINGS AND THE TIMEFRAME FOR FILING
SUCH APPLICATION.
S 4. Paragraphs (d), (e), (f) and (g) of subdivision 1 of section 126
of the public service law, paragraphs (d), (e) and (f) as added by chap-
ter 272 of the laws of 1970 and paragraph (g) as amended by chapter 760
of the laws of 1978, are amended to read as follows:
(d) THAT THE FACILITY REPRESENTS A MINIMUM ADVERSE IMPACT ON ACTIVE
FARMING OPERATIONS THAT PRODUCE CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS,
AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS
LAW, CONSIDERING THE STATE OF AVAILABLE TECHNOLOGY AND THE NATURE AND
ECONOMICS OF VARIOUS ALTERNATIVES, AND THE OWNERSHIP AND EASEMENT RIGHTS
OF THE IMPACTED PROPERTY;
(E) in the case of an electric transmission line, (1) what part, if
any, of the line shall be located underground; (2) that such facility
conforms to a long-range plan for expansion of the electric power grid
of the electric systems serving this state and interconnected utility
systems, which will serve the interests of electric system economy and
reliability;
[(e)] (F) in the case of a gas transmission line, that the location of
the line will not pose an undue hazard to persons or property along the
area traversed by the line;
[(f)] (G) that the location of the facility as proposed conforms to
applicable state and local laws and regulations issued thereunder, all
of which shall be binding upon the commission, except that the commis-
sion may refuse to apply any local ordinance, law, resolution or other
action or any regulation issued thereunder or any local standard or
requirement which would be otherwise applicable if it finds that as
applied to the proposed facility such is unreasonably restrictive in
view of the existing technology, or of factors of cost or economics, or
of the needs of consumers whether located inside or outside of such
municipality[.];
[(g)] (H) that the facility will serve the public interest, conven-
ience, and necessity, provided, however, that a determination of neces-
sity made by the power authority of the state of New York pursuant to
section ten hundred five of the public authorities law for a major util-
ity transmission facility for which an application has been filed prior
to July first, nineteen hundred seventy-eight pursuant to section one
hundred twenty-two of this chapter, shall be conclusive on the commis-
sion.
S 5. This act shall take effect immediately.