Relates to intervenor funds for proceedings relating to siting of major utility transmission facilities

3 Co-sponsors

• John J. Bonacic
• Ruth Hassell-Thompson
• Diane J. Savino

Title of bill

An act to amend the public service law, in relation to intervenor funds for proceedings relating to siting of major utility transmission facilities; and to amend the state finance law, in relation to intervenor accounts

Purpose or general idea of bill

To make funds available to help municipalities, citizens and community groups intervene in proposed electric transmission projects.

Summary of specific provisions

For every proposed electric transmission project in New York State, there shall be intervenor funds available to affected and interested parties. Each application shall be accompanied by a fee based upon the size and length of the proposed project, up to $450,000.

Such expenses shall include costs associated with expert witnesses, consultants, administrative and legal fees. The fund is established in the joint custody of the state comptroller and the commissioner of taxation and finance an account to be known as the intervenor account. Such account shall consist of all revenues received from siting application fees for electric major utility transmission facilities pursuant to section one hundred twenty-two of the public service law. Moneys of the account, following appropriation by the legislature, may be expended in accordance with the provisions of section one hundred twenty two of the public service law. Moneys shall be paid out of the account on the audit and warrant of the state comptroller on vouchers certified or approved by the chair of the public service commission.

Justification

Due to the deregulation of the electric industry, critical reforms to the Article VII process are necessary. Merchant electric transmission developers are taking advantage of the restructured market-place. This bill would provide host communities with the resources necessary to make their voices heard in a complex process. These reforms will improve the process for host communities and municipalities, many of which are strapped for cash and are currently unable to hire the experts necessary to intervene effectively.

Currently, communities that want to affect the siting process in their area have to raise the money themselves to have a strong voice in the regulatory process. Today, the communities that intervene in the process that sites power plants have had access to this kind of resource. This bill would level the playing field so that all communities have a voice in energy policy decisions that could impact their lives.

Prior legislative history

2008: A.9348-A - Passed Assembly; died in Senate Rules Committee 2007: A.9348 - Referred to Assembly Energy Committee 2006: A.12091- Referred to Assembly Energy Committee

Fiscal implications

None to State.

Effective date

This act shall take effect immediately; provided that nothing in this act shall be construed to limit any administrative authority, with respect to matters included in this act, which existed prior to the effective date of this act.