N.Y.
Public Service Law Section 143
Application, notice, and review relating to major electric transmission facility siting
1.
Notwithstanding any law to the contrary, ORES shall, within one hundred twenty days after its receipt of an application for a siting permit with respect to a major electric transmission facility, determine whether the application is complete and notify the applicant of its determination. If ORES does not deem the application complete, it shall set forth in writing delivered to the applicant the reasons why it has determined the application to be incomplete. If ORES fails to make a determination within the foregoing one hundred twenty day time period, the application shall be deemed complete; provided, however, that the applicant may consent to an extension of the one hundred twenty day time period for determining application completeness. Provided, further, that no application may be complete without proof of consultation with the municipality or political subdivision where the project is proposed to be located, or an agency thereof, prior to submission of an application to ORES, related to procedural and substantive requirements of local law.2.
In addition to addressing uniform standards and conditions, the application for a siting permit with respect to a major electric transmission facility shall include, in such form as ORES may prescribe, the following information:(i)
the location of the site or right-of-way;(ii)
a description of the transmission facility to be built thereon;(iii)
a summary of any studies which have been made of the environmental impact of the project, and a description of such studies;(iv)
a statement explaining the public need for the facility;(v)
copies of any studies of the electrical performance and system impacts of the facility performed by the state grid operator pursuant to its tariff;(vi)
such other information as the applicant may consider relevant or ORES may by regulation require; and(vii)
a description of any reasonable alternative location or locations for the proposed facility, a description of the comparative merits and detriments of each location submitted, and a statement of the reasons why the primary proposed location is best suited for the facility.3.
To the greatest extent practicable, each landowner of land on which any portion of such proposed facility is to be located shall be served by first class mail with a notice that such landowner’s property may be impacted by a project and an explanation of how to file with ORES a notice of intent to be a party in the permit application proceedings and the timeframe for filing such application.4.
No later than sixty days following the date upon which an application has been deemed complete, and following consultation with any relevant state agency or authority, ORES shall publish for public comment draft permit conditions prepared by the office of renewable energy siting and electric transmissions, which comment period shall be for a minimum of sixty days from public notice thereof. Such public notice shall include, but shall not be limited to:(i)
written notice to the municipalities and political subdivisions, in which the major electric utility transmission is proposed to be located and to landowners notified of the application pursuant to subdivision three of this section;(ii)
publication in a newspaper or in electronic form, having general circulation in such municipalities or political subdivisions;(iii)
posting on the office’s and the department’s website; and(iv)
written notice to each member of the legislature through whose district the facility or any alternate proposed in the application would pass and in the event that such facility or any portion thereof is located within the Adirondack Park or Tug Hill, the Adirondack Park Agency and Tug Hill commission respectively.5.
For any municipality, political subdivision or an agency thereof that has received notice of the filing of an application, pursuant to regulations promulgated in accordance with this section or otherwise in effect on the effective date of this article, the municipality or political subdivision or agency thereof shall within the timeframes established by this act submit a statement to ORES indicating whether the proposed facility is designed to be sited, constructed and operated in compliance with applicable local laws and regulations, if any, concerning the environment, or public health and safety. In the event that a municipality, political subdivision or an agency thereof submits a statement to ORES that the proposed facility is not designed to be sited, constructed or operated in compliance with local laws and regulations and ORES determines not to hold an adjudicatory hearing on the application, ORES shall hold a non-adjudicatory public hearing in the affected municipality or political subdivision.6.
If public comments on a draft permit condition published by ORES pursuant to this section, including comments provided by a municipality or political subdivision or agency thereof, landowners, or members of the public, raise a substantive and significant issue, as defined in regulations adopted pursuant to this article, that requires adjudication, ORES shall promptly fix a date for an adjudicatory hearing to hear arguments and consider evidence with respect thereto; provided, however, that with respect to an application for a siting permit for a major electric transmission facility, any portion of which is to be located on the land of a landowner for which the applicant lacks a right-of-way agreement, ORES shall provide such landowner with an opportunity to challenge the explanation for the public need given in such application. In any such adjudicatory hearing, ORES or the department, shall designate members of its staff to represent the public interest, including with respect to the application of local and state laws.7.
Following the expiration of the public comment period set forth in this section, and following the conclusion of a hearing undertaken pursuant to subdivision six of this section, ORES shall, in the case of a public comment period, issue a written summary of public comments and an assessment of comments received, and in the case of an adjudicatory hearing, the executive officer or any person to whom the executive director has delegated such authority shall issue a final written hearing report. A final siting permit may only be issued if ORES makes a finding that the proposed project, together with any applicable uniform and site-specific standards and conditions, would comply with applicable laws and regulations. In making a final siting permit determination with respect to a major renewable energy facility or a major electric transmission facility, ORES may elect not to apply, in whole or in part, any local law or ordinance that would otherwise be applicable if it makes a finding that, as applied to the proposed facility, it is unreasonably burdensome in view of the CLCPA targets, the environmental benefits, and in the case of a transmission facility, the public need for the proposed project.8.
Notwithstanding any other deadline made applicable by this section, ORES shall make a final decision on a siting permit within one year from the date the application was deemed complete. Unless ORES and the applicant have agreed to an extension and if a final siting permit decision has not been made by ORES within such time period, then such siting permit shall be deemed to have been automatically granted for all purposes set forth in this article and all uniform conditions or site specific permit conditions issued for public comment shall constitute enforceable provisions of the siting permit; provided, however, that with respect to a final siting permit decision related to a major electric transmission facility, any portion of which is to be located on the land of a landowner for which the applicant lacks an existing right-of-way agreement and in which ORES has not made a public need determination, no such permit shall be automatically granted.9.
For a major electric transmission facility that would be constructed substantially within existing rights-of-way that possess existing major electric transmission infrastructure, the office of renewable energy siting and electric transmission may include within its regulations a framework that relieves certain requirements of this article, provided that such relief is reasonable and does not impair any rights of municipalities established under this article or limit requirements relating to public notice or the finding of public need. * NB Repealed December 31, 2040
Source:
Section 143 — Application, notice, and review relating to major electric transmission facility siting, https://www.nysenate.gov/legislation/laws/PBS/143 (updated Jun. 21, 2024; accessed Oct. 26, 2024).
