N.Y. Public Service Law § 143: Application, notice, and review relating to major electric transmission facility siting

* § 143. Application, notice, and review relating to major electric

transmission facility siting. 1. Notwithstanding any law to the

contrary, ORES shall, within one hundred twenty days after its receipt

of an application for a siting permit with respect to a major electric

transmission facility, determine whether the application is complete and

notify the applicant of its determination. If ORES does not deem the

application complete, it shall set forth in writing delivered to the

applicant the reasons why it has determined the application to be

incomplete. If ORES fails to make a determination within the foregoing

one hundred twenty day time period, the application shall be deemed

complete; provided, however, that the applicant may consent to an

extension of the one hundred twenty day time period for determining

application completeness. Provided, further, that no application may be

complete without proof of consultation with the municipality or

political subdivision where the project is proposed to be located, or an

agency thereof, prior to submission of an application to ORES, related

to procedural and substantive requirements of local law.

2. In addition to addressing uniform standards and conditions, the

application for a siting permit with respect to a major electric

transmission facility shall include, in such form as ORES may prescribe,

the following information: (i) the location of the site or right-of-way;

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

(iii) a summary of any studies which have been made of the environmental

impact of the project, and a description of such studies; (iv) a

statement explaining the public need for the facility; (v) copies of any

studies of the electrical performance and system impacts of the facility

performed by the state grid operator pursuant to its tariff; (vi) such

other information as the applicant may consider relevant or ORES may by

regulation require; and (vii) a description of any reasonable

alternative location or locations for the proposed facility, a

description of the comparative merits and detriments of each location

submitted, and a statement of the reasons why the primary proposed

location is best suited for the facility.

3. To the greatest extent practicable, each landowner of land on which

any portion of such proposed facility is to be located shall be served

by first class mail with a notice that such landowner's property may be

impacted by a project and an explanation of how to file with ORES a

notice of intent to be a party in the permit application proceedings and

the timeframe for filing such application.

4. No later than sixty days following the date upon which an

application has been deemed complete, and following consultation with

any relevant state agency or authority, ORES shall publish for public

comment draft permit conditions prepared by the office of renewable

energy siting and electric transmissions, which comment period shall be

for a minimum of sixty days from public notice thereof. Such public

notice shall include, but shall not be limited to: (i) written notice to

the municipalities and political subdivisions, in which the major

electric utility transmission is proposed to be located and to

landowners notified of the application pursuant to subdivision three of

this section; (ii) publication in a newspaper or in electronic form,

having general circulation in such municipalities or political

subdivisions; (iii) posting on the office's and the department's

website; and (iv) written notice to each member of the legislature

through whose district the facility or any alternate proposed in the

application would pass and in the event that such facility or any

portion thereof is located within the Adirondack Park or Tug Hill, the

Adirondack Park Agency and Tug Hill commission respectively.

5. For any municipality, political subdivision or an agency thereof

that has received notice of the filing of an application, pursuant to

regulations promulgated in accordance with this section or otherwise in

effect on the effective date of this article, the municipality or

political subdivision or agency thereof shall within the timeframes

established by this act submit a statement to ORES indicating whether

the proposed facility is designed to be sited, constructed and operated

in compliance with applicable local laws and regulations, if any,

concerning the environment, or public health and safety. In the event

that a municipality, political subdivision or an agency thereof submits

a statement to ORES that the proposed facility is not designed to be

sited, constructed or operated in compliance with local laws and

regulations and ORES determines not to hold an adjudicatory hearing on

the application, ORES shall hold a non-adjudicatory public hearing in

the affected municipality or political subdivision.

6. If public comments on a draft permit condition published by ORES

pursuant to this section, including comments provided by a municipality

or political subdivision or agency thereof, landowners, or members of

the public, raise a substantive and significant issue, as defined in

regulations adopted pursuant to this article, that requires

adjudication, ORES shall promptly fix a date for an adjudicatory hearing

to hear arguments and consider evidence with respect thereto; provided,

however, that with respect to an application for a siting permit for a

major electric transmission facility, any portion of which is to be

located on the land of a landowner for which the applicant lacks a

right-of-way agreement, ORES shall provide such landowner with an

opportunity to challenge the explanation for the public need given in

such application. In any such adjudicatory hearing, ORES or the

department, shall designate members of its staff to represent the public

interest, including with respect to the application of local and state

laws.

7. Following the expiration of the public comment period set forth in

this section, and following the conclusion of a hearing undertaken

pursuant to subdivision six of this section, ORES shall, in the case of

a public comment period, issue a written summary of public comments and

an assessment of comments received, and in the case of an adjudicatory

hearing, the executive officer or any person to whom the executive

director has delegated such authority shall issue a final written

hearing report. A final siting permit may only be issued if ORES makes a

finding that the proposed project, together with any applicable uniform

and site-specific standards and conditions, would comply with applicable

laws and regulations. In making a final siting permit determination with

respect to a major renewable energy facility or a major electric

transmission facility, ORES may elect not to apply, in whole or in part,

any local law or ordinance that would otherwise be applicable if it

makes a finding that, as applied to the proposed facility, it is

unreasonably burdensome in view of the CLCPA targets, the environmental

benefits, and in the case of a transmission facility, the public need

for the proposed project.

8. Notwithstanding any other deadline made applicable by this section,

ORES shall make a final decision on a siting permit within one year from

the date the application was deemed complete. Unless ORES and the

applicant have agreed to an extension and if a final siting permit

decision has not been made by ORES within such time period, then such

siting permit shall be deemed to have been automatically granted for all

purposes set forth in this article and all uniform conditions or site

specific permit conditions issued for public comment shall constitute

enforceable provisions of the siting permit; provided, however, that

with respect to a final siting permit decision related to a major

electric transmission facility, any portion of which is to be located on

the land of a landowner for which the applicant lacks an existing

right-of-way agreement and in which ORES has not made a public need

determination, no such permit shall be automatically granted.

9. For a major electric transmission facility that would be

constructed substantially within existing rights-of-way that possess

existing major electric transmission infrastructure, the office of

renewable energy siting and electric transmission may include within its

regulations a framework that relieves certain requirements of this

article, provided that such relief is reasonable and does not impair any

rights of municipalities established under this article or limit

requirements relating to public notice or the finding of public need.

* NB Repealed December 31, 2040