Directs the public service commission to provide notice, in a city having a population of one million or more, to the appropriate local community board prior to such commission's consideration of granting permission to a gas corporation or electric corporation furnishing utility service to acquire or sell land; such community boards shall also be provided with the opportunity to submit comments and recommendations on the proposed sale or acquisition; directs the public service commission to address and respond to such comments and recommendations.
TITLE OF BILL: An act to amend the public service law, in relation to requiring the public service commission to provide the appropriate local community board in a city with a population of one million or more with notice of and opportunity to comment and make recommendations on any proposed sale or acquisition of real property by a gas corporation or electric corporation furnishing utility service
SUMMARY OF SPECIFIC PROVISIONS: Section 107 of the public service law is amended by adding a new subdivision 3 which states that the PSC shall provide the local community board having jurisdiction over the property with notice of the proposed transaction within ten days of receiving an application for approval of the transaction.
The local community board will submit written comments and recommendations to the commission on the proposed transaction within thirty days of receiving such notice which the commission is required to respond to, prior to making its determination of the application.
JUSTIFICATION: When gas or electric corporation attempts to sell or acquire land in cities with a population of one million or more, the transfers require approval from the Public Service Commission, but at no point does the PSC notify the affected community or seek its advisory opinion.
Since the residents of the community who are most significantly impact from such a land transfer have unique knowledge of the community, they should be consulted and given the opportunity to relay their concerns to the PSC.
This legislation would allow the local community to be informed about and voice its opinion regarding these issues through its local community board, which has this responsibility for other land use matters of significance.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 2525 2011-2012 Regular Sessions IN SENATE January 25, 2011 ___________Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to requiring the public service commission to provide the appropriate local community board in a city with a population of one million or more with notice of and opportunity to comment and make recommendations on any proposed sale or acquisition of real property by a gas corporation or electric corporation furnishing utility service THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 107 of the public service law is amended by adding a new subdivision 3 to read as follows: 3. WITH REGARD TO THE PROPOSED SALE OR ACQUISITION OF REAL PROPERTY BY ANY GAS CORPORATION OR ELECTRIC CORPORATION FURNISHING UTILITY SERVICE IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, THE COMMISSION SHALL PROVIDE THE LOCAL COMMUNITY BOARD HAVING JURISDICTION OVER SUCH REAL PROPERTY WITH NOTICE OF SUCH PROPOSED TRANSACTION, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WITHIN TEN DAYS OF RECEIVING AN APPLICA- TION FOR APPROVAL OF THE TRANSACTION. WITHIN THIRTY DAYS OF RECEIVING SUCH NOTICE, A LOCAL COMMUNITY BOARD SHALL SUBMIT TO THE COMMISSION WRITTEN COMMENTS AND RECOMMENDATIONS ON SUCH PROPOSED TRANSACTION. THE COMMISSION SHALL ADDRESS AND RESPOND TO ALL COMMENTS AND RECOMMENDATIONS SUBMITTED BY A LOCAL COMMUNITY BOARD PRIOR TO MAKING ITS DETERMINATION OF THE APPLICATION OF THE PUBLIC UTILITY. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05783-01-1