N.Y. Public Service Law Section 139
General provisions related to establishing standards related to siting major electric transmission facilities


1.

(a) Within twelve months of the effective date of this section, ORES shall, subject to the approval of the commission, in consultation with other offices within the department, the New York state energy research and development authority, the department of environmental conservation, the department of agriculture and markets, and other agencies with subject matter expertise, establish a set of uniform standards and conditions for the siting, design, construction, and operation of major electric transmission facilities subject to this article relevant to issues that are common to such projects. Prior to adoption of uniform standards and conditions, the office of renewable energy siting and electric transmissions shall hold four public hearings in different regions of the state to solicit comment from municipal, or political subdivisions, and the public on proposed uniform standards and conditions to avoid, minimize or mitigate potential adverse environmental impacts from the siting, design, construction and operation of a major electric transmission facility.

(b)

The uniform standards and conditions established pursuant to this section shall be designed to avoid or minimize, to the maximum extent practicable, any potential significant adverse environmental impacts related to the siting, design, construction, and operation of a major electric transmission facility. Such uniform standards and conditions shall apply to those environmental impacts ORES determines are common to major electric transmission facilities.

(c)

The uniform standards and conditions established pursuant to this section shall be designed to avoid, minimize, or mitigate to the maximum extent practicable, potential significant adverse impacts to land used in agricultural production, with additional consideration for land within an agricultural district or land that contain mineral soil groups 1-4 as defined by the department of agriculture and markets.

(d)

In its review of an application for a major electric transmission facility siting permit to develop a major electric transmission facility, ORES, in consultation with the department of environmental conservation, shall identify those adverse site-specific environmental impacts, if any, that may be caused or contributed to by a specific proposed major electric transmission facility and are unable to be addressed by the uniform standards and conditions. ORES shall draft in consultation with the department of environmental conservation site-specific major electric transmission facility siting permit terms and conditions for such impacts, including provisions for the avoidance or mitigation thereof, taking into account the CLCPA targets, the environmental benefits of, and public need for the proposed major electric transmission facility; provided, however, that ORES shall require that the application of uniform standards and conditions and site-specific conditions shall achieve a net conservation benefit to any impacted endangered and threatened species.

(e)

Upon the establishment of uniform standards and conditions required by this section and the promulgation of regulations specifying the content of an application for a major electric transmission facility siting permit, an application for a major electric transmission facility siting permit shall only be made pursuant to this article.

2.

To the extent that adverse environmental impacts are not completely addressed by uniform standards and conditions and site-specific major electric transmission facility siting permit conditions proposed by ORES, and ORES determines that mitigation of such impacts may be achieved by off-site mitigation, ORES may require payment of a fee by the applicant to achieve such off-site mitigation. If ORES determines, in consultation with the department of environmental conservation, that mitigation of impacts to endangered or threatened species that achieves a net conservation benefit can be achieved by off-site mitigation, the amount to be paid for such off-site mitigation shall be set forth in the final major electric transmission facility siting permit. ORES may require payment of funds sufficient to implement such off-site mitigation into the endangered and threatened species mitigation bank fund established pursuant to State Finance Law § 99-HH (Criminal justice discovery compensation fund)section ninety-nine-hh of the state finance law.

3.

ORES shall identify and make public the basis of the public need for a major electric transmission facility in a written finding and shall grant permits to such projects that demonstrate a qualified public need, so long as the adverse environmental impacts of the facility are identified and addressed by the uniform standards and conditions promulgated pursuant to this article and any site-specific permit conditions applied to the facility. The written finding of a basis of a public need for a major electric transmission facility shall, at a minimum, include whether the proposed project conforms to plans relating to the expansion or upgrade of the electric power grid and interconnected utility systems or was included or considered in the power grid study required pursuant to section seven of part JJJ of chapter fifty-eight of the laws of two thousand twenty for a major electric transmission facility. Notwithstanding any other provision of this article to the contrary, ORES shall only grant major electric transmission facility siting permits to such projects that:

(i)

demonstrate a qualified public need;

(ii)

are in the public and ratepayer interest; and

(iii)

identify and address the adverse environmental impacts of the facility pursuant to the uniform standards and conditions promulgated pursuant to this article and any site-specific major electric transmission facility siting permit conditions, or otherwise mitigated as provided in this article.

4.

ORES, in consultation with the department, shall promulgate rules and regulations with respect to all necessary requirements to implement the siting permit program established in this article and promulgate modifications to such rules and regulations as it deems necessary; provided that ORES shall promulgate regulations requiring the service of applications on affected municipalities and political subdivisions simultaneously with submission of an application. Any such rules and regulations, or any amendments or modifications thereto, shall be subject to the approval of the commission before they become effective.

5.

The office of renewable energy siting and electric transmission shall include within its regulations a framework to ensure potentially affected state- and federally-recognized indigenous nations are informed and consulted with, as appropriate, when a facility is proposed within the ancestral territories of such nations.

6.

After the effective date of this section, any person intending to construct a major electric transmission facility excluded from this section pursuant to paragraph (c) of subdivision five of § 141 (Applicability related to siting major electric transmission facilities)section one hundred forty-one of this article may elect to become subject to the provisions of this section by filing an application for a siting permit pursuant to the regulations of ORES governing such applications. * NB Repealed December 31, 2040

Source: Section 139 — General provisions related to establishing standards related to siting major electric transmission facilities, https://www.­nysenate.­gov/legislation/laws/PBS/139 (updated Jun. 21, 2024; accessed Jul. 20, 2024).

Accessed:
Jul. 20, 2024

Last modified:
Jun. 21, 2024

§ 139’s source at nysenate​.gov

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