STATE OF NEW YORK
________________________________________________________________________
S. 6861--A A. 8609--A
Cal. No. 1243
2017-2018 Regular Sessions
SENATE - ASSEMBLY
September 1, 2017
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules --
recommitted to the Committee on Corporations, Authorities and Commis-
sions in accordance with Senate Rule 6, sec. 8 -- reported favorably
from said committee, ordered to first and second report, ordered to a
third reading, passed by Senate and delivered to the Assembly,
recalled, vote reconsidered, restored to third reading, amended and
ordered reprinted, retaining its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY -- read once and
referred to the Committee on Corporations, Authorities and Commissions
-- recommitted to the Committee on Corporations, Authorities and
Commissions in accordance with Assembly Rule 3, sec. 2 -- reported and
referred to the Committee on Ways and Means -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public authorities law, in relation to requiring the
Long Island Power Authority to provide public notice for the
construction of utility transmission facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 1020-ii, 1020-jj and 1020-kk of the public author-
2 ities law, sections 1020-jj and 1020-kk as renumbered by chapter 415 of
3 the laws of 2017, are renumbered sections 1020-jj, 1020-kk and 1020-ll
4 and a new section 1020-ii is added to read as follows:
5 § 1020-ii. Public notice before approval of utility transmission
6 facilities. 1. As used in this section, the following terms shall have
7 the following meanings:
8 (a) "municipality" means a county, city, town or village in the
9 service area;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13310-04-8
S. 6861--A 2 A. 8609--A
1 (b) "utility transmission facility" means any electric transmission
2 line in the service area, including associated equipment. It shall not
3 include any transmission line which is an in-kind replacement or which
4 is located wholly underground. This section also shall not apply to any
5 major utility transmission facility subject to the jurisdiction of arti-
6 cle seven of the public service law; and
7 (c) "utility customer" means the customer of record located within
8 five hundred feet of a proposed utility transmission facility.
9 2. The authority shall not construct any utility transmission facility
10 without first providing public notice as provided by this subdivision.
11 Such public notice shall be provided by the authority before the envi-
12 ronmental significance of such action is determined by the authority,
13 pursuant to article eight of the environmental conservation law. The
14 public notice shall provide the following information:
15 (a) the location of the site or right-of-way;
16 (b) a description of the transmission facility to be built thereon;
17 (c) the environmental assessment or environmental impact statement
18 prepared for the action, pursuant to article eight of the environmental
19 conservation law;
20 (d) a summary of any studies which have been made of the environmental
21 impact of the project, and a description of such studies;
22 (e) a statement explaining the need for the facility;
23 (f) a description of any reasonable alternate location or locations
24 for the proposed facility;
25 (g) a description of the comparative merits and detriments of each
26 location submitted; and
27 (h) a statement of the reasons why the primary proposed location is
28 best suited for the facility.
29 Copies of the environmental assessment form, environmental impact
30 statement and studies referred to in the notice shall be filed with the
31 authority and shall be available for public inspection.
32 3. Notice shall be provided by first class mail to:
33 (a) each municipality in which any portion of such facility is to be
34 located, both as primarily proposed and in the alternative locations
35 listed. Notice to a municipality shall be addressed to the chief execu-
36 tive officer thereof;
37 (b) each member of the legislature through whose district the facility
38 or any alternate proposed in the application would pass; and
39 (c) each utility customer.
40 § 2. This act shall take effect immediately.