N.Y. Public Service Law § 139: General provisions related to establishing standards related to siting major electric transmission facilities

* § 139. General provisions related to establishing standards related

to siting major electric transmission facilities. 1. (a) Within twelve

months of the effective date of this section, ORES shall, subject to the

approval of the commission, in consultation with other offices within

the department, the New York state energy research and development

authority, the department of environmental conservation, the department

of agriculture and markets, and other agencies with subject matter

expertise, establish a set of uniform standards and conditions for the

siting, design, construction, and operation of major electric

transmission facilities subject to this article relevant to issues that

are common to such projects. Prior to adoption of uniform standards and

conditions, the office of renewable energy siting and electric

transmissions shall hold four public hearings in different regions of

the state to solicit comment from municipal, or political subdivisions,

and the public on proposed uniform standards and conditions to avoid,

minimize or mitigate potential adverse environmental impacts from the

siting, design, construction and operation of a major electric

transmission facility.

(b) The uniform standards and conditions established pursuant to this

section shall be designed to avoid or minimize, to the maximum extent

practicable, any potential significant adverse environmental impacts

related to the siting, design, construction, and operation of a major

electric transmission facility. Such uniform standards and conditions

shall apply to those environmental impacts ORES determines are common to

major electric transmission facilities.

(c) The uniform standards and conditions established pursuant to this

section shall be designed to avoid, minimize, or mitigate to the maximum

extent practicable, potential significant adverse impacts to land used

in agricultural production, with additional consideration for land

within an agricultural district or land that contain mineral soil groups

1-4 as defined by the department of agriculture and markets.

(d) In its review of an application for a major electric transmission

facility siting permit to develop a major electric transmission

facility, ORES, in consultation with the department of environmental

conservation, shall identify those adverse site-specific environmental

impacts, if any, that may be caused or contributed to by a specific

proposed major electric transmission facility and are unable to be

addressed by the uniform standards and conditions. ORES shall draft in

consultation with the department of environmental conservation

site-specific major electric transmission facility siting permit terms

and conditions for such impacts, including provisions for the avoidance

or mitigation thereof, taking into account the CLCPA targets, the

environmental benefits of, and public need for the proposed major

electric transmission facility; provided, however, that ORES shall

require that the application of uniform standards and conditions and

site-specific conditions shall achieve a net conservation benefit to any

impacted endangered and threatened species.

(e) Upon the establishment of uniform standards and conditions

required by this section and the promulgation of regulations specifying

the content of an application for a major electric transmission facility

siting permit, an application for a major electric transmission facility

siting permit shall only be made pursuant to this article.

2. To the extent that adverse environmental impacts are not completely

addressed by uniform standards and conditions and site-specific major

electric transmission facility siting permit conditions proposed by

ORES, and ORES determines that mitigation of such impacts may be

achieved by off-site mitigation, ORES may require payment of a fee by

the applicant to achieve such off-site mitigation. If ORES determines,

in consultation with the department of environmental conservation, that

mitigation of impacts to endangered or threatened species that achieves

a net conservation benefit can be achieved by off-site mitigation, the

amount to be paid for such off-site mitigation shall be set forth in the

final major electric transmission facility siting permit. ORES may

require payment of funds sufficient to implement such off-site

mitigation into the endangered and threatened species mitigation bank

fund established pursuant to section ninety-nine-hh of the state finance

law.

3. ORES shall identify and make public the basis of the public need

for a major electric transmission facility in a written finding and

shall grant permits to such projects that demonstrate a qualified public

need, so long as the adverse environmental impacts of the facility are

identified and addressed by the uniform standards and conditions

promulgated pursuant to this article and any site-specific permit

conditions applied to the facility. The written finding of a basis of a

public need for a major electric transmission facility shall, at a

minimum, include whether the proposed project conforms to plans relating

to the expansion or upgrade of the electric power grid and

interconnected utility systems or was included or considered in the

power grid study required pursuant to section seven of part JJJ of

chapter fifty-eight of the laws of two thousand twenty for a major

electric transmission facility. Notwithstanding any other provision of

this article to the contrary, ORES shall only grant major electric

transmission facility siting permits to such projects that: (i)

demonstrate a qualified public need; (ii) are in the public and

ratepayer interest; and (iii) identify and address the adverse

environmental impacts of the facility pursuant to the uniform standards

and conditions promulgated pursuant to this article and any

site-specific major electric transmission facility siting permit

conditions, or otherwise mitigated as provided in this article.

4. ORES, in consultation with the department, shall promulgate rules

and regulations with respect to all necessary requirements to implement

the siting permit program established in this article and promulgate

modifications to such rules and regulations as it deems necessary;

provided that ORES shall promulgate regulations requiring the service of

applications on affected municipalities and political subdivisions

simultaneously with submission of an application. Any such rules and

regulations, or any amendments or modifications thereto, shall be

subject to the approval of the commission before they become effective.

5. The office of renewable energy siting and electric transmission

shall include within its regulations a framework to ensure potentially

affected state- and federally-recognized indigenous nations are informed

and consulted with, as appropriate, when a facility is proposed within

the ancestral territories of such nations.

6. After the effective date of this section, any person intending to

construct a major electric transmission facility excluded from this

section pursuant to paragraph (c) of subdivision five of section one

hundred forty-one of this article may elect to become subject to the

provisions of this section by filing an application for a siting permit

pursuant to the regulations of ORES governing such applications.

* NB Repealed December 31, 2040