§ 126 — The decision

New York § 126

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

Text

§ 126. The decision. 1. The commission shall render a decision upon\nthe record either granting or denying the application as filed or\ngranting it upon such terms, conditions, limitations or modifications of\nthe construction or operation of the facility as the commission may deem\nappropriate. If the commission denies the application, it shall file,\nwith its order, an opinion stating in full its reasons for the denial.\nExcept as provided in subdivision two of this section, the commission\nmay not grant a certificate for the construction or operation of a major\nutility transmission facility, either as proposed or as modified by the\ncommission, unless it shall find and determine:\n (a) the basis of the need for the facility;\n (b) the nature of the probable environmental impact;\n * (c) that the facility avoids or minimizes to the extent practicable\nany significant adverse environmental impact, considering the state of\navailable technology and the nature and economics of the various\nalternatives, and other pertinent considerations including but not\nlimited to, the effect on agricultural lands, wetlands, parklands and\nriver corridors traversed;\n * NB Effective until December 31, 2030\n * (c) that the facility represents the minimum adverse environmental\nimpact, considering the state of available technology and the nature and\neconomics of the various alternatives, and other pertinent\nconsiderations including but not limited to, the effect on agricultural\nlands, wetlands, parklands and river corridors traversed;\n * NB Effective December 31, 2030\n * (d) that the facility avoids or minimizes to the extent practicable\nany significant adverse impact on active farming operations that produce\ncrops, livestock and livestock products, as defined in section three\nhundred one of the agriculture and markets law, considering the state of\navailable technology and the nature and economics of various\nalternatives, and the ownership and easement rights of the impacted\nproperty;\n * NB Effective until December 31, 2030\n * (d) that the facility represents a minimum adverse impact on active\nfarming operations that produce crops, livestock and livestock products,\nas defined in section three hundred one of the agriculture and markets\nlaw, considering the state of available technology and the nature and\neconomics of various alternatives, and the ownership and easement rights\nof the impacted property;\n * NB Effective December 31, 2030\n (e) in the case of an electric transmission line, (1) what part, if\nany, of the line shall be located underground; (2) that such facility\nconforms to a long-range plan for expansion of the electric power grid\nof the electric systems serving this state and interconnected utility\nsystems, which will serve the interests of electric system economy and\nreliability;\n (f) in the case of a gas transmission line, that the location of the\nline will not pose an undue hazard to persons or property along the area\ntraversed by the line;\n (g) that the location of the facility as proposed conforms to\napplicable state and local laws and regulations issued thereunder, all\nof which shall be binding upon the commission, except that the\ncommission may refuse to apply any local ordinance, law, resolution or\nother action or any regulation issued thereunder or any local standard\nor requirement which would be otherwise applicable if it finds that as\napplied to the proposed facility such is unreasonably restrictive in\nview of the existing technology, or of factors of cost or economics, or\nof the needs of consumers whether located inside or outside of such\nmunicipality;\n (h) that the facility will serve the public interest, convenience, and\nnecessity, provided, however, that a determination of necessity made by\nthe power authority of the state of New York pursuant to section ten\nhundred five of the public authorities law for a major utility\ntransmission facility for which an application has been filed prior to\nJuly first, nineteen hundred seventy-eight pursuant to section one\nhundred twenty-two of this chapter, shall be conclusive on the\ncommission.\n 2. In the case of an electric transmission line to be constructed by\nthe power authority of the state of New York and located in part under\nthe waters of Long Island Sound and for the remaining part underground,\nthe commission shall make only the findings and determinations required\nby paragraphs (b), (c) and (f) of subdivision one of this section and,\non the basis of such findings and determinations, shall grant, grant in\npart, or deny the certificate.\n 3. If the commission determines that the location of all or a part of\nthe proposed facility should be modified, it may condition its\ncertificate upon such modification, provided that the municipalities and\npersons residing in such municipalities affected by the modification\nshall have had notice of the application as provided in subdivision two\nof section one hundred twenty-two.\n 4. A copy of the order and any opinion issued therewith pursuant to\nsection one hundred twenty-seven shall be served upon each party.\n