S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8795
 
                           I N  A S S E M B L Y
 
                             January 12, 2022
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT  to  amend  a  chapter  of the laws of 2021 directing the public
   service commission to study the feasibility and the costs  of  burying
   all  or  most  of  the electrical, telephone and internet transmission
   lines in New York state and to publish and deliver  a  report  of  its
   findings  to the governor and the legislature, and requiring new elec-
   trical, telephone and internet transmission lines to be buried  under-
   ground,  as  proposed  in  legislative  bills numbers S. 4186-A and A.
   2330-A, in relation to directing the  New  York  state  department  of
   public  service  to  study the feasibility and the costs of relocating
   underground all or  most  of  the  existing,  above-ground  electrical
   distribution lines, telephone lines and internet transmission lines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 1 and 2 of a chapter of the laws of 2021 directing
 the public service commission to study the feasibility and the costs  of
 burying  all  or  most  of the electrical, telephone and internet trans-
 mission lines in New York state and to publish and deliver a  report  of
 its  findings  to  the  governor  and the legislature, and requiring new
 electrical, telephone and  internet  transmission  lines  to  be  buried
 underground,  as  proposed in legislative bills numbers S.4186-A and  A.
 2330-A, are amended to read as follows:
   Section 1. [1. The public service commission shall conduct a study  to
 analyze the feasibility and the costs of burying underground all or most
 of the existing electrical, telephone and internet transmission lines in
 New York state. Such study shall include an analysis of:
   (a) the economic and environmental benefits from burying such existing
 lines; and
   (b)  the  economic cost burden of doing so, if any, including an esti-
 mate of what the cost per utility customer would be, the number of  jobs
 to  be  created to complete the project and a timeline for completion of
 the project.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05957-05-2
              

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   2. In analyzing costs and benefits for the purposes of this study, the
 commission shall consider the varying geographical areas  of  the  state
 and  report  separately on the impact particular areas might have on the
 project. The study shall also quantify the economic costs  and  benefits
 of  burying  existing  electrical,  telephone  and internet transmission
 lines to utility customers and shall disaggregate the results by  utili-
 ty.   The study shall calculate the cost per customer of the entire cost
 of the project statewide, regardless of where the  customer  lives,  for
 the life of the project on a monthly basis.
   3.  Within  one year of the effective date of this act, the commission
 shall:
   (a) publish the report of its findings on its website  in  a  location
 accessible to the public; and
   (b) deliver a copy of the report to the governor, the temporary presi-
 dent of the senate, the speaker of the assembly, the chair of the senate
 energy  and  telecommunications  committee and the chair of the assembly
 energy committee.] THE NEW  YORK  STATE  DEPARTMENT  OF  PUBLIC  SERVICE
 ("DEPARTMENT"),  IN  COOPERATION WITH THE NEW YORK STATE ENERGY RESEARCH
 AND DEVELOPMENT  AUTHORITY  ("AUTHORITY"),  SHALL  CONDUCT  A  STUDY  TO
 ANALYZE  THE  FEASIBILITY  OF  RELOCATING UNDERGROUND ALL OR MOST OF THE
 EXISTING, ABOVE-GROUND ELECTRICAL DISTRIBUTION  LINES,  TELEPHONE  LINES
 AND  INTERNET  TRANSMISSION  LINES  IN  THE STATE (COLLECTIVELY, "TRANS-
 MISSION LINES") OF (1) ENTITIES THAT ARE SUBJECT TO THE JURISDICTION  OF
 THE  PUBLIC SERVICE COMMISSION ("JURISDICTIONAL ENTITIES"), (2) THE LONG
 ISLAND POWER AUTHORITY, AND (3) CABLE AND BROADBAND PROVIDERS. THE STUDY
 SHALL INCLUDE BUT NEED NOT BE LIMITED TO CONSIDERATION OF THE  FOLLOWING
 ISSUES:
   A.  POTENTIAL  CONSTRAINTS  TO AND OPPORTUNITIES FOR RELOCATING TRANS-
 MISSION LINES UNDERGROUND AND HOW  SUCH  POTENTIAL  CONSTRAINTS  CAN  BE
 ADDRESSED;
   B. POTENTIAL ADVERSE AND BENEFICIAL IMPACTS ASSOCIATED WITH RELOCATING
 TRANSMISSION  LINES  UNDERGROUND  AND  HOW SUCH POTENTIAL IMPACTS CAN BE
 MITIGATED OR FACILITATED;
   C. ESTIMATED  COSTS  OF  RELOCATING  TRANSMISSION  LINES  UNDERGROUND,
 PRESENTED  ON  A  STATEWIDE  BASIS  AND IN ANY OTHER FORM THE DEPARTMENT
 DETERMINES PRESENTS USEFUL INFORMATION;
   D. ESTIMATED COST IMPACTS ON  RATEPAYERS  OF  RELOCATING  TRANSMISSION
 LINES UNDERGROUND, INCLUDING AN ESTIMATE OF THE COST PER UTILITY CUSTOM-
 ER  TO  THE  EXTENT  SUCH ESTIMATE CAN BE MADE, PRESENTED ON A STATEWIDE
 BASIS AND IN ANY OTHER FORM THE DEPARTMENT  DETERMINES  PRESENTS  USEFUL
 INFORMATION;
   E.  COSTS  TO  UTILITIES,  PROVIDERS,  BUSINESSES AND RESIDENTS (E.G.,
 REPAIR, MAINTENANCE) THAT COULD BE AVOIDED  BY  RELOCATING  TRANSMISSION
 LINES UNDERGROUND;
   F.  JOB  SECTOR IMPACTS ASSOCIATED WITH RELOCATION PROJECTS, INCLUDING
 POTENTIAL JOB CREATION THAT MAY BE PRACTICALLY PROJECTED; AND
   G. ESTIMATED TIMELINES ASSOCIATED WITH RELOCATION  PROJECTS  PRESENTED
 BY REGION/AREA.
   §  2.  THE  DEPARTMENT IS HEREBY AUTHORIZED TO REQUEST AND OBTAIN FROM
 JURISDICTIONAL ENTITIES ALL DATA, ANALYSES AND OTHER INFORMATION THAT IT
 DETERMINES IN CONSULTATION WITH THE AUTHORITY IS  NECESSARY  TO  SUPPORT
 THE STUDY.
   §  3.  WITHIN  EIGHTEEN  MONTHS OF THE EFFECTIVE DATE OF THIS ACT, THE
 DEPARTMENT SHALL:
   (1) PUBLISH A REPORT OF ITS FINDINGS ON  ITS  WEBSITE  IN  A  LOCATION
 ACCESSIBLE TO THE PUBLIC; AND
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   (2) DELIVER A COPY OF THE REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE
 ENERGY  AND  TELECOMMUNICATIONS  COMMITTEE AND THE CHAIR OF THE ASSEMBLY
 ENERGY COMMITTEE.
   § 4. ALL STATE AGENCIES AND STATE PUBLIC AUTHORITIES ARE AUTHORIZED TO
 PROVIDE  THE DEPARTMENT AND AUTHORITY WITH INFORMATION AND OTHER ASSIST-
 ANCE THAT IS NECESSARY TO COMPLETE THE STUDY CALLED FOR IN  SECTION  ONE
 OF THIS ACT. THE LONG ISLAND POWER AUTHORITY IS AUTHORIZED TO ALLOCATE A
 PROPORTIONAL  AMOUNT  OF FUNDING FOR THE COST OF THE STUDY, BASED ON THE
 LONG ISLAND POWER AUTHORITY'S PERCENTAGE OF  STATEWIDE  ENERGY  LOAD  AS
 DETERMINED BY THE DEPARTMENT.
   § [2.] 5. This act shall take effect immediately.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2021  directing  the  public  service
 commission to study the feasibility and the costs of burying all or most
 of the electrical, telephone and internet transmission lines in New York
 state  and to publish and deliver a report of its findings to the gover-
 nor and the legislature, and requiring  new  electrical,  telephone  and
 internet  transmission  lines  to  be buried underground, as proposed in
 legislative bills numbers S. 4186-A and A. 2330-A, takes effect.