§ 121-A — Procedures with respect to certain fuel gas transmission lines

New York § 121-A

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 7: Siting of Major Utility Transmission Facilities

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§ 121-a. Procedures with respect to certain fuel gas transmission\nlines. 1. All persons who intend to construct fuel gas transmission\nlines as described in this section shall file with the commission for\nits approval the standards and practices which will be applied to\nenvironmental management and construction of all such lines or shall\nfile a certified statement agreeing to construct such lines in\naccordance with standards and practices on file and approved by the\ncommission.\n 2. A notice of intention to construct a fuel gas transmission line as\ndescribed in subdivision two of section one hundred twenty of this\narticle, which extends a distance of less than five miles and which is\nsix inches or less in nominal diameter, shall be filed with the\ncommission and shall contain:\n (a) the date on or about which the applicant intends to begin\nconstruction of the line;\n (b) a brief statement describing and locating the line;\n (c) an indication of the approved environmental management and\nconstruction standards and practices that will be followed in an effort\nto minimize or avoid adverse environmental impacts to the maximum extent\npracticable.\n A copy of such notice shall be served on each municipality in which\nany portion of such line is to be located and proof of service shall\naccompany the notice filed with the commission.\n To the greatest extent practicable, each landowner of land on which\nany portion of such fuel gas transmission line is proposed to be located\nshall be served by first class mail with a notice that such landowner's\nproperty may be impacted by a project, including a description of the\nproject and an explanation of how to file with the commission a notice\nof intent to be a party to the certification proceedings and the\ntimeframe for filing such application.\n 3. An application to construct a fuel gas transmission line as\ndescribed in subdivision two of section one hundred twenty of this\narticle, which extends a distance of less than ten miles, other than a\nline described in subdivision two of this section, shall be filed with\nthe commission and shall contain:\n (a) the information required by paragraphs (a), (b), (d) and (f) of\nsubdivision one of section one hundred twenty-two of this article;\n (b) the description of the ecosystem, land use, visual and cultural\nresources which would be affected by the line; and\n (c) an indication of the approved environmental management and\nconstruction standards and practices that will be followed in an effort\nto minimize or avoid adverse environmental impacts to the maximum extent\npracticable.\n A copy of such application shall be served on: (i) the department of\nenvironmental conservation; (ii) the department of agriculture and\nmarkets; and (iii) each municipality in which any portion of such line\nis to be located; and proof of service shall accompany the application\nfiled with the commission. The commission shall serve a copy of such\napplication on such other person or entities as the commission may deem\nappropriate. Such action shall be deemed compliance with the applicable\nprovisions of section one hundred twenty-two of this article. The\napplicant, the commission and those served shall constitute the parties\nnotwithstanding the provisions of section one hundred twenty-four of\nthis article.\n To the greatest extent practicable, each landowner of land on which\nany portion of such fuel gas transmission line is proposed to be located\nshall be served by first class mail with a notice that such landowner's\nproperty may be impacted by a project, including a description of the\nproject and an explanation of how to file with the commission a notice\nof intent to be a party to the certification proceedings and the\ntimeframe for filing such application.\n 4. If the notice or the application filed pursuant to subdivisions two\nor three of this section respectively does not comply with the\nrequirements of such subdivision, the commission or its designee shall,\npromptly, but in no event more than fourteen days from the date on which\nit receives the notice or application, advise the person in writing of\nnoncompliance and how to comply.\n 5. Any person may file comments on an application with the commission.\nThe record of the certification proceeding under subdivision seven of\nthis section may be limited to the application, any comments filed by\nthe parties and any report prepared by the staff of the department of\npublic service, whether or not it acts as a party.\n 6. Upon receipt of a notice with respect to a fuel gas transmission\nline that complies with subdivision two of this section, the commission\nshall, within thirty days or less, determine whether there is a\nsubstantial public interest requiring that the facility be reviewed in\naccordance with the provisions of subdivision seven of this section. If\nthe commission determines that such review is not required it shall\nissue a certificate authorizing such construction. Failure to act within\nsuch thirty day period shall constitute a certificate for the purpose of\nthis article. If the commission determines that such review is required,\nthe commission shall serve a copy of the notice which shall constitute\nthe application, on such person or entities as the commission may deem\nappropriate and which shall be deemed compliance with the applicable\nprovisions of section one hundred twenty-two of this article. The\napplicant and such persons or entities shall constitute the parties, the\nprovisions of section one hundred twenty-four of this article\nnotwithstanding.\n 7. The commission shall render a decision upon the record within sixty\ndays from the date on which it receives an application complying with\nsubdivision three of this section or within sixty days from the date on\nwhich it receives a notice complying with subdivision two of this\nsection on which it has made a determination that review under this\nsubdivision is in the public interest. Where the commission has required\na hearing it may extend the time required to render a decision. In\nrendering its decision on a notice filed pursuant to subdivision two of\nthis section and reviewed under this subdivision, the commission is\nrequired to find and determine only that the construction of a fuel gas\ntransmission line will minimize or avoid adverse environmental impacts\nto the maximum extent practicable. In rendering its decision on an\napplication filed pursuant to subdivision three of this section, the\ncommission shall make only the determinations required by paragraphs\n(a), (b), (e), (f) and (g) of subdivision one of section one hundred\ntwenty-six of this article.\n