N.Y. Public Authorities Law § 1020-ii: Public notice before approval of utility transmission facilities

§ 1020-ii. Public notice before approval of utility transmission

facilities. 1. As used in this section, the following terms shall have

the following meanings:

(a) "municipality" means a county, city, town or village in the

service area;

* (b) "utility transmission facility" means any electric transmission

line operating at sixty-five kilovolts or higher in the service area,

including associated equipment. It shall not include any transmission

line which is an in-kind replacement or which is located wholly

underground. This section also shall not apply to any major electric

transmission facility subject to the jurisdiction of article seven of

the public service law; and

* NB Effective until December 31, 2040

* (b) "utility transmission facility" means any electric transmission

line operating at sixty-five kilovolts or higher in the service area,

including associated equipment. It shall not include any transmission

line which is an in-kind replacement or which is located wholly

underground. This section also shall not apply to any major utility

transmission facility subject to the jurisdiction of article seven of

the public service law; and

* NB Effective December 31, 2040

(c) " authority customer" means the customer of record located within

five hundred feet of a proposed utility transmission facility.

2. The authority shall not construct any utility transmission facility

without first providing public notice as provided by this subdivision.

Such public notice shall be provided by the authority before the

environmental significance of such action is determined by the

authority, pursuant to article eight of the environmental conservation

law. The public notice shall provide the following information:

(a) the location of the site or right-of-way;

(b) a description of the transmission facility to be built thereon;

(c) a summary of any studies including an environmental assessment or

environmental impact statement pursuant to article eight of the

environmental conservation law which have been made of the environmental

impact of the project, and a description of such studies;

(d) a statement explaining the need for the facility;

(e) a description of any reasonable alternate location or locations

assessed for the proposed facility;

(f) a description of the comparative merits and detriments of each

location submitted; and

(g) a statement of the reasons why the primary proposed location is

best suited for the facility.

When completed, copies of the environmental assessment form,

environmental impact statement and studies referred to in the notice

shall be filed with the authority and shall be available for public

inspection.

3. Notice shall be provided by first class mail to:

(a) 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

executive officer thereof;

(b) each member of the legislature through whose district the utility

transmission facility or any alternate proposed would pass; and

(c) each authority customer.