N.Y. Public Service Law Section 121-A
Procedures with respect to certain fuel gas transmission lines


1.

All persons who intend to construct fuel gas transmission lines as described in this section shall file with the commission for its approval the standards and practices which will be applied to environmental management and construction of all such lines or shall file a certified statement agreeing to construct such lines in accordance with standards and practices on file and approved by the commission.

2.

A notice of intention to construct a fuel gas transmission line as described in subdivision two of § 120 (Definitions)section one hundred twenty of this article, which extends a distance of less than five miles and which is six inches or less in nominal diameter, shall be filed with the commission and shall contain:

(a)

the date on or about which the applicant intends to begin construction of the line;

(b)

a brief statement describing and locating the line;

(c)

an indication of the approved environmental management and construction standards and practices that will be followed in an effort to minimize or avoid adverse environmental impacts to the maximum extent practicable. A copy of such notice shall be served on each municipality in which any portion of such line is to be located and proof of service shall accompany the notice filed with the commission. To the greatest extent practicable, each landowner of land on which any portion of such fuel gas transmission line is proposed to be located shall be served by first class mail with a notice that such landowner’s property may be impacted by a project, including a description of the project and an explanation of how to file with the commission a notice of intent to be a party to the certification proceedings and the timeframe for filing such application.

3.

An application to construct a fuel gas transmission line as described in subdivision two of § 120 (Definitions)section one hundred twenty of this article, which extends a distance of less than ten miles, other than a line described in subdivision two of this section, shall be filed with the commission and shall contain:

(a)

the information required by paragraphs (a), (b), (d) and (f) of subdivision one of § 122 (Application for a certificate)section one hundred twenty-two of this article;

(b)

the description of the ecosystem, land use, visual and cultural resources which would be affected by the line; and

(c)

an indication of the approved environmental management and construction standards and practices that will be followed in an effort to minimize or avoid adverse environmental impacts to the maximum extent practicable. A copy of such application shall be served on:

(i)

the department of environmental conservation;

(ii)

the department of agriculture and markets; and

(iii)

each municipality in which any portion of such line is to be located; and proof of service shall accompany the application filed with the commission. The commission shall serve a copy of such application on such other person or entities as the commission may deem appropriate. Such action shall be deemed compliance with the applicable provisions of § 122 (Application for a certificate)section one hundred twenty-two of this article. The applicant, the commission and those served shall constitute the parties notwithstanding the provisions of § 124 (Parties to certification proceedings)section one hundred twenty-four of this article. To the greatest extent practicable, each landowner of land on which any portion of such fuel gas transmission line is proposed to be located shall be served by first class mail with a notice that such landowner’s property may be impacted by a project, including a description of the project and an explanation of how to file with the commission a notice of intent to be a party to the certification proceedings and the timeframe for filing such application.

4.

If the notice or the application filed pursuant to subdivisions two or three of this section respectively does not comply with the requirements of such subdivision, the commission or its designee shall, promptly, but in no event more than fourteen days from the date on which it receives the notice or application, advise the person in writing of noncompliance and how to comply.

5.

Any person may file comments on an application with the commission. The record of the certification proceeding under subdivision seven of this section may be limited to the application, any comments filed by the parties and any report prepared by the staff of the department of public service, whether or not it acts as a party.

6.

Upon receipt of a notice with respect to a fuel gas transmission line that complies with subdivision two of this section, the commission shall, within thirty days or less, determine whether there is a substantial public interest requiring that the facility be reviewed in accordance with the provisions of subdivision seven of this section. If the commission determines that such review is not required it shall issue a certificate authorizing such construction. Failure to act within such thirty day period shall constitute a certificate for the purpose of this article. If the commission determines that such review is required, the commission shall serve a copy of the notice which shall constitute the application, on such person or entities as the commission may deem appropriate and which shall be deemed compliance with the applicable provisions of § 122 (Application for a certificate)section one hundred twenty-two of this article. The applicant and such persons or entities shall constitute the parties, the provisions of § 124 (Parties to certification proceedings)section one hundred twenty-four of this article notwithstanding.

7.

The commission shall render a decision upon the record within sixty days from the date on which it receives an application complying with subdivision three of this section or within sixty days from the date on which it receives a notice complying with subdivision two of this section on which it has made a determination that review under this subdivision is in the public interest. Where the commission has required a hearing it may extend the time required to render a decision. In rendering its decision on a notice filed pursuant to subdivision two of this section and reviewed under this subdivision, the commission is required to find and determine only that the construction of a fuel gas transmission line will minimize or avoid adverse environmental impacts to the maximum extent practicable. In rendering its decision on an application filed pursuant to subdivision three of this section, the commission shall make only the determinations required by paragraphs (a), (b), (e), (f) and (g) of subdivision one of § 126 (The decision)section one hundred twenty-six of this article.

Source: Section 121-A — Procedures with respect to certain fuel gas transmission lines, https://www.­nysenate.­gov/legislation/laws/PBS/121-A (updated Dec. 18, 2015; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Dec. 18, 2015

§ 121-A’s source at nysenate​.gov

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