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S02040 Summary:

S02040 Actions:

S02040 Committee Votes:

S02040 Floor Votes:

S02040 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2040
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 18, 2019
                                       ___________
 
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public authorities law, in relation to public notice
          before approval 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. Section 1020-ii of the public authorities law, as added by
     2  a chapter of the laws of 2018 amending the public authorities law relat-
     3  ing to requiring the Long  Island  Power  Authority  to  provide  public
     4  notice  for  the  construction  of  utility  transmission facilities, as
     5  proposed in legislative bill numbers S.6861-A and A.8609-A,  is  amended
     6  to read as follows:
     7    §  1020-ii.  Public  notice  before  approval  of utility transmission
     8  facilities. 1. As used in this section, the following terms  shall  have
     9  the following meanings:
    10    (a)  "municipality"  means  a  county,  city,  town  or village in the
    11  service area;
    12    (b) "utility transmission facility" means  any  electric  transmission
    13  line  operating  at  sixty-five kilovolts or higher in the service area,
    14  including associated equipment. It shall not  include  any  transmission
    15  line  which  is an in-kind replacement or which is located wholly under-
    16  ground. This section also shall not apply to any  major  utility  trans-
    17  mission  facility  subject  to  the jurisdiction of article seven of the
    18  public service law; and
    19    (c) "[utility]  authority  customer"  means  the  customer  of  record
    20  located  within  five  hundred  feet  of a proposed utility transmission
    21  facility.
    22    2. The authority shall not construct any utility transmission facility
    23  without first providing public notice as provided by  this  subdivision.
    24  Such  public  notice shall be provided by the authority before the envi-
    25  ronmental significance of such action is determined  by  the  authority,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07036-01-9
        S. 2040                             2
 
     1  pursuant  to  article  eight of the environmental conservation law.  The
     2  public notice shall provide the following information:
     3    (a) the location of the site or right-of-way;
     4    (b) a description of the transmission facility to be built thereon;
     5    (c)  [the  environmental  assessment or environmental impact statement
     6  prepared for the action, pursuant to article eight of the  environmental
     7  conservation law;
     8    (d)] a summary of any studies including an environmental assessment or
     9  environmental impact statement pursuant to article eight of the environ-
    10  mental conservation law which have been made of the environmental impact
    11  of the project, and a description of such studies;
    12    [(e)] (d) a statement explaining the need for the facility;
    13    [(f)]  (e)  a  description  of  any  reasonable  alternate location or
    14  locations assessed for the proposed facility;
    15    [(g)] (f) a description of the comparative merits  and  detriments  of
    16  each location submitted; and
    17    [(h)] (g) a statement of the reasons why the primary proposed location
    18  is best suited for the facility.
    19    [Copies]  When completed, copies of the environmental assessment form,
    20  environmental impact statement and studies referred  to  in  the  notice
    21  shall  be  filed  with  the  authority and shall be available for public
    22  inspection.
    23    3. Notice shall be provided by first class mail to:
    24    (a) each municipality in which any portion of such facility is  to  be
    25  located,  both  as  primarily  proposed and in the alternative locations
    26  listed. Notice to a municipality shall be addressed to the chief  execu-
    27  tive officer thereof;
    28    (b)  each member of the legislature through whose district the utility
    29  transmission facility or any alternate  proposed  [in  the  application]
    30  would pass; and
    31    (c) each [utility] authority customer.
    32    §  2.  This  act  shall  take  effect on the same date and in the same
    33  manner as a chapter of the laws of 2018 amending the public  authorities
    34  law  relating  to  requiring  the Long Island Power Authority to provide
    35  public notice for the construction of utility  transmission  facilities,
    36  as  proposed  in  legislative  bill numbers S.6861-A and A.8609-A, takes
    37  effect.