Relates to approval of electric transmission line facilities

1 Co-sponsor

• Thomas K. Duane

BILL NUMBER:S5626

Title of bill

An act to amend the public service law, in relation to approval of electric transmission line facilities

Purpose

The purpose of this bill is to require the Public Service Commission (PSC), to consult the most recent State Energy Plan (SEP) before issuing a certificate of environmental compatibility and public need ("certificate") for an electric transmission line.

Summary of provisions

This bill amends paragraph (d) of subsection (1) of section 126 of the public service law.

Justification

This bill requires that in an Article VII proceeding on an electric transmission line, the PSC must determine whether or not the proposed facility, if built, would correspond with the most recent energy plan, while considering the prospect of additional environmental impacts that may be caused by increased electrical generation as a result of such facility was improved. The legislation is intended to prevent the approval of projects which may directly result in increased electrical generation produced from dirty sources, including coal that would impact the state's environment.

In September 2010, the PSC granted a certificate for the construction of the Hudson Transmission Project. The eight-mile underground transmission cable is intended to connect the New York Power Authority's (NYPA) governmental customers to the PJM Interconnection, the 13-state wholesale electrical market that serves, New Jersey, Pennsylvania, Delaware and the District of Columbia. The PSC approved the certificate despite testimony from various participants who argued that the facility was unnecessary due to existing electrical capacity in the New York Independent System Operator (NYISO) wholesale electrical market. Additionally, the New York State Department of Environmental Conservation (DEC) testified that HTP would result in additional coal-fired in PJM. Nearly half of PJM is produced in from coal fire generator, many of which are located in Pennsylvania, a state upwind of New York. The DEC testified that only 13 percent of NYISO power was generated from coal.

The 2009 State Energy Plan included energy and transportation strategies that would reduce emissions of greenhouse gases, including the need to increase the amount energy produced by cleaner burning and renewable resources. The PSC's decision regarding HTP appears to be contradict policies enumerated in the Energy Plan.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.