Bill S699-2013

Relates to approval of electric transmission line facilities

Provides that, prior to granting a certificate for the construction of an electric transmission line facility, the public service commission must find that the facility conforms to the most recent state energy plan and consider whether approval of the facility would cause adverse impacts on the state's environmental quality due to electric generation.






TITLE OF BILL: An act to amend the public service law, in relation to approval of electric transmission line facilities

PURPOSE: The purpose of this bill is to require the Public Service Commission (PSC), to consult the most recent State Energy Plan (SEP) before issuing a certificate of environmental compatibility and public need ("certificate") for an electric transmission line.

SUMMARY OF PROVISIONS: This bill amends paragraph (d) of subsection (1) of section 126 of the public service law.

JUSTIFICATION: This bill requires that in an Article VII proceeding on an electric transmission line, the PSC must determine whether or not the proposed facility, if built, would correspond with the most recent energy plan, while considering the prospect of additional environmental impacts that may be caused by increased electrical generation as a result of such facility was improved. The legislation is intended to prevent the approval of projects which may directly result in increased electrical generation produced from dirty sources, including coal that would impact the state's environment.

In September 2010, the PSC granted a certificate for the construction of the Hudson Transmission Project. The eight-mile underground transmission cable is intended to connect the New York Power Authority's (NYPA) governmental customers to the PJM Interconnection, the 13-state wholesale electrical market that serves, New Jersey, Pennsylvania, Delaware and the District of Columbia. The PSC approved the certificate despite testimony from various participants who argued that the facility was unnecessary due to existing electrical capacity in the New York Independent System Operator (NYISO) wholesale electrical market. Additionally, the New York State Department of Environmental Conservation (DEC) testified that HTP would result in additional coal-fired in PJM. Nearly half of PJM is produced in from coal fire generator, many of which are located in Pennsylvania, a state upwind of New York. The DEC testified that only 13 percent of NYISO power was generated from coal.

The 2009 State Energy Plan included energy and transportation strategies that would reduce emissions of greenhouse gases, including the need to increase the amount energy produced by cleaner burning and renewable resources. The PSC's decision regarding HTP appears to be contradict policies enumerated in the Energy Plan.

LEGISLATIVE HISTORY: 2011-12: S.5626/A.7399 - Passed the Assembly - Held in Energy and Telecomm


To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


STATE OF NEW YORK ________________________________________________________________________ 699 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PARKER -- 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 approval of elec- tric transmission line facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 1 of section 126 of the public service law, as added by chapter 272 of the laws of 1970, is amended to read as follows: (d) 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] THE MOST RECENT STATE ENERGY PLAN AS ESTABLISHED PURSUANT TO ARTICLE SIX OF THE ENERGY LAW, WITH CONSIDERATION OF WHETHER THE APPROVAL OF SUCH FACILITY WOULD CAUSE ADVERSE IMPACTS ON THE STATE'S ENVIRONMENTAL QUALITY DUE TO AN INCREASE IN IN-STATE OR OUT-OF-STATE ELECTRIC GENERATION; S 2. This act shall take effect immediately.


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