S T A T E   O F   N E W   Y O R K
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                                  71--A
    Cal. No. 1011

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  reported  favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD01366-02-5

S. 71--A                            2

  (b) a brief statement describing and locating the line;
  (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

S. 71--A                            3

the parties and any report prepared by the staff of  the  department  of
public service, whether or not it acts as a party.
  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[.];

S. 71--A                            4

  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.
  (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.