N.Y. Public Service Law § 121-a: Procedures with respect to certain fuel gas transmission lines

§ 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

environmental 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

article, 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;

(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

timeframe 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

article, 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

applicant, 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

timeframe 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

requirements of such subdivision, the commission or its designee shall,

promptly, 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

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

substantial public interest requiring that the facility be reviewed in

accordance 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

applicant and such persons or entities shall constitute the parties, the

provisions of section one hundred twenty-four of this article

notwithstanding.

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.