Relates to fuel gas transmission lines

Summary of provisions

Section 1 amends section 120 of the public service law to provide a definition of landowner.

Section 2 amends section 121-a of the public service law to require, to the greatest extent practicable, all persons who intend to construct a fuel gas transmission line to provide a copy of the notice of intention to construct such line and a copy of the application to construct such line to each landowner in which any portion of the line is to be located. These notices shall also include a clear explanation of how to file with the Public Commission a notice of intent to become a party to the certification proceedings.

Section 3 amends section 122 of the public service law to require, to the greatest extent practicable, each application for a major utility transmission facility to provide proof of service of a copy of such application on each landowner in which any portion of such facility is to be located, both as primarily proposed in the application and in the alternative locations listed. This notice shall also include a clear explanation of how to file with the Public Commission a notice of intent to become a party to the certification proceedings.

Section 4 amends section 126 of the public service law to require that the Public Commission consider the following criteria when determining the effect on agricultural lands during its decision process: that the facility represents a minimum adverse impact on active farming operations that produce crops, livestock, and livestock products, considering the state of available technology and the nature and economics of various alternatives, and the ownership and easement rights of the impacted property.

Section 5 states that this act shall take effect immediately.

Justification

The application process for determining the location of major utility transmission facilities in New York State can be a complicated and intimidating process for affected landowners. This bill makes several changes to Article 7 of the public service law to make it easier for landowners to navigate this process.

First, this bill requires, to the greatest extent practicable, that notice be served on landowners in which any portion of a fuel gas transmission line or major utility transmission facility is to be located. Second, this notice must also include a clear explanation of

how to file with the Public Commission a notice of intent to become a party to the certification proceedings and the time period in which the landowner has to do so. These important changes will help make notification clear to any affected landowner and explain how the landowner can become involved in the certification proceedings.

Lastly, this bill amends the factors that the Public Commission must consider in making its decision to make the process more favorable to agricultural land. While the Public Commission must currently consider the effect the facility would have on agricultural land, there are no guidelines on what this consideration must entail. This bill provides that the Public Commission must consider the impact on active farming operations, the viability of various alternatives, and the ownership rights of the impacted property.

Legislative history

2013-14: S.7442/A.9862 Referred to Rules/Referred to Rules

Fiscal implications

None to the state.

Effective date

Immediately.