Relates to the powers of municipalities and state agencies

Section 2 of this bill provides that this bill would take effect immediately and apply to all petitions filed on or after the effective date.

EXISTING LAW

Prior to preparation of a site for construction of a major electric or gas transmission facility in the State (PSL Article VII), a person is required to obtain from the Commission a Certificate of Environmental Compatibility and Public Need. When the Commission issues its determination, it is required to, among other things, find and determine that the facility conforms to applicable state and local laws. The Commission may refuse to apply any local requirement that it finds to be unreasonably restrictive in view of technology, cost, economics or the needs of consumers located inside or outside of the municipality (PSL §126(1)(t)).

PSL § 130 provides that, notwithstanding any other provision of law, no state agency or municipality can require any approval, consent, permit, certificate or other condition for the construction or operation of a major transmission facility that is the subject of an Article VII application, other than worker protection requirements during facility construction and operation.

Prior legislative history

This is a new proposal.

Statement in support

The purpose of PSL Article VII is to provide a single forum, open to citizens, groups. municipalities and other public agencies, for the resolution of all matters, including state and local requirements, relating to the siting of major electric and gas transmission facilities.

The provisions or Article VII relating to stale and local laws do not explicitly state that the Commission may authorize the application of certain state and local requirements to the construction and operation of specific major electric or gas transmission facilities. Express authorization would allow state and local authorities to apply and enforce requirements of specific local impact that are not suitable for Commission approval and enforcement. For example, to ensure public safety and the unimpeded flow of traffic, the Commission may authorize a state or local department of transportation to require a highway work permit before a holder of an Article VII siting certificate enters and performs work such as excavation or wire-pulling on a public highway right-of-way.

Among the stated purposes of the Building Code (Executive Law (EL) Article 18; 9 NYCRR 600 (et seq.) is the requirement that the Building Code be in full force and effect in every area of the State, and to encourage local governments to exercise their full powers to administer and enforce the Code (EL 9371 (2)(c) and (d). The Building Code provides reasonably uniform standards for the construction and construction materials of public and private buildings (Exec. L. §377(2), and thus may apply to such facilities as substations, switching stations, transition stations, compressor stations and converter stations. Adoption of this proposed amendment would clarify that Building Code administration and enforcement regarding major utility transmission facilities is best left to State and municipal entities already empowered to administer and enforce the Building Code.

In sum, this bill would clarify the ability of the Commission to authorize the application of state and local laws to the construction and/or operation of major transmission facilities, and would provide for enforcement of applicable provisions of the Building Code to such facilities.

Budget implications

None.

Effective date

This bill would take effect immediately and apply to all petitions filed on or after the effective date.