What's happening
This bill requires the Long Island Power Authority to provide public notice before constructing utility transmission facilities, including details and environmental assessments.
Why it matters
Increases transparency and public involvement. by requiring LIPA to notify affected municipalities, legislators, and utility customers before starting most above-ground transmission projects, giving communities a chance to review and respond to proposed developments.
Mandates sharing of environmental information. including environmental assessments, impact statements, and related studies—before approval decisions, so residents can better understand potential ecological and health impacts of new utility infrastructure.
Requires justification and alternatives analysis. in the notice, compelling LIPA to explain why a facility is needed, summarize possible alternative locations, and compare their pros and cons, which could lead to more thoughtful site selection and accountability.
Exempts certain projects. (in-kind replacements, underground lines, or those under Article 7 jurisdiction), focusing the requirements on projects with the most potential for public concern, but leaving some types of work outside this increased transparency.
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Who cares
Headline styles
Require Public Notice for Power Lines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Approval memo.22
- Signed chap.520
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.318
- Substituted for A8609A
- Referred to ways and means
- Returned to assembly
- Repassed senate
- Amended on third reading 6861a
- Vote reconsidered - restored to third reading
Show 10 earlier actions
- Returned to senate
- Recalled from assembly
- Referred to corporations, authorities and commissions
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1243
- Referred to corporations, authorities and commissions
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Public Notice for Power Lines
Assembly Floor Calendar · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 6861--A A. 8609--A Cal. No. 1243
2017-2018 Regular Sessions
SENATE - ASSEMBLY
September 1, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY -- read once and referred to the Committee on Corporations, Authorities and Commissions -- recommitted to the Committee on Corporations, Authorities and Commissions in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to requiring the Long Island Power Authority to provide public notice for the construction of utility transmission facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 1020-ii, 1020-jj and 1020-kk of the public authorities law, sections 1020-jj and 1020-kk as renumbered by chapter 415 of the laws of 2017, are renumbered sections 1020-jj, 1020-kk and 1020-ll and a new section 1020-ii is added to read as follows:
§ 1020-ii. Public notice before approval of utility transmission facilities. 1. As used in this section, the following terms shall have the following meanings:
(a) "municipality" means a county, city, town or village in the service area;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13310-04-8
S. 6861--A 2 A. 8609--A
(b) "utility transmission facility" means any electric transmission line in the service area, including associated equipment. It shall not include any transmission line which is an in-kind replacement or which is located wholly underground. This section also shall not apply to any major utility transmission facility subject to the jurisdiction of article seven of the public service law; and
(c) "utility customer" means the customer of record located within five hundred feet of a proposed utility transmission facility.
2. The authority shall not construct any utility transmission facility without first providing public notice as provided by this subdivision. Such public notice shall be provided by the authority before the environmental significance of such action is determined by the authority, pursuant to article eight of the environmental conservation law. The public notice shall provide the following information:
(a) the location of the site or right-of-way;
(b) a description of the transmission facility to be built thereon;
(c) the environmental assessment or environmental impact statement prepared for the action, pursuant to article eight of the environmental conservation law;
(d) a summary of any studies which have been made of the environmental impact of the project, and a description of such studies;
(e) a statement explaining the need for the facility;
(f) a description of any reasonable alternate location or locations for the proposed facility;
(g) a description of the comparative merits and detriments of each location submitted; and
(h) a statement of the reasons why the primary proposed location is best suited for the facility.
Copies of the environmental assessment form, environmental impact statement and studies referred to in the notice shall be filed with the authority and shall be available for public inspection.
3. Notice shall be provided by first class mail to:
(a) each municipality in which any portion of such facility is to be located, both as primarily proposed and in the alternative locations listed. Notice to a municipality shall be addressed to the chief executive officer thereof;
(b) each member of the legislature through whose district the facility or any alternate proposed in the application would pass; and
(c) each utility customer.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to requiring the Long Island Power Authority to provide public notice for the construction of utility transmission facilities
Purpose
To require Long Island Power Authority (LIPA) to provide public notice for the construction of utility transmission facilities.
Summary of provisions
Section 1. Amends the public authorities law to require LIPA to provide public notice before the approving any utility transmission facilities.
Section 2. Immediate effective date.
Justification
Recent electric transmission projects have been initiated on Long Island where the Long Island Power Authority (LIPA) and Public Service Electric and Gas Company of Long Island (PSEGLI), have failed to provide adequate public notice or consultation. The lack of public notice and involvement has caused great controversy. These projects have been undertaken in rural, historical and residential neighborhoods creating adverse envi- ronmental impacts to visual resources and community character. The spir- it of the State Environmental Quality Review Act (SEQRA) has been violated.
In projects constructed in both East Hampton and Eastport, the lack of public notice and involvement has resulted in citizen litigation against the utilities which is costly to ratepayers and avoidable if the public had been involved before construction was initiated. In East Hampton, the project had to be subsequently modified to address community concerns.
This legislation amends the Public Authorities Law to remedy these situ- ations by requiring LIPA to provide public notice prior to the construction of utility transmission facilities in the LIPA service area that have a design capacity of 100 kV2 or less that are not subject to the jurisdiction of Article VII of the Public Service Law. Transmission lines which are an in-kind replacement or located underground also are not affected by this legislation.
The bill sets forth a procedure and requirements to be followed relating to public notice of the proposed construction of a utility transmission facility. Such notice shall be provided by LIPA before the environmental significance of such action is determined, pursuant to Article VIII of the Environmental Conservation Law. The public notice shall be provided by first class mail to: (a) each municipality in which any portion of such facility is to be located, both as primarily proposed and in the alternative locations listed; b) each member of the legislature through whose district the facility or any alternate would pass; and c) each utility customer located within 500 feet of a proposed utility trans- mission facility.
Enactment of this legislation is necessary to provide stakeholders having an interest in a particular project with the opportunity to participate in the review process. This would ensure that LIPA is aware of any community and environmental concerns when considering the approval of an application for the construction of a utility trans- mission facility.
Legislative history
New bill.
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.