Bill Text: NY A08609 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to requiring the Long Island Power Authority to provide public notice prior to the construction of utility transmission facilities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-06-19 - substituted by s6861a [A08609 Detail]

Download: New_York-2017-A08609-Amended.html

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                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.