§ 143 — Application, notice, and review relating to major electric transmission facility siting

New York § 143

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 8: Siting of Renewable Energy and Electric Transmission

Text

* § 143. Application, notice, and review relating to major electric\ntransmission facility siting. 1. Notwithstanding any law to the\ncontrary, ORES shall, within one hundred twenty days after its receipt\nof an application for a siting permit with respect to a major electric\ntransmission facility, determine whether the application is complete and\nnotify the applicant of its determination. If ORES does not deem the\napplication complete, it shall set forth in writing delivered to the\napplicant the reasons why it has determined the application to be\nincomplete. If ORES fails to make a determination within the foregoing\none hundred twenty day time period, the application shall be deemed\ncomplete; provided, however, that the applicant may consent to an\nextension of the one hundred twenty day time period for determining\napplication completeness. Provided, further, that no application may be\ncomplete without proof of consultation with the municipality or\npolitical subdivision where the project is proposed to be located, or an\nagency thereof, prior to submission of an application to ORES, related\nto procedural and substantive requirements of local law.\n 2. In addition to addressing uniform standards and conditions, the\napplication for a siting permit with respect to a major electric\ntransmission facility shall include, in such form as ORES may prescribe,\nthe following information: (i) the location of the site or right-of-way;\n(ii) a description of the transmission facility to be built thereon;\n(iii) a summary of any studies which have been made of the environmental\nimpact of the project, and a description of such studies; (iv) a\nstatement explaining the public need for the facility; (v) copies of any\nstudies of the electrical performance and system impacts of the facility\nperformed by the state grid operator pursuant to its tariff; (vi) such\nother information as the applicant may consider relevant or ORES may by\nregulation require; and (vii) a description of any reasonable\nalternative location or locations for the proposed facility, a\ndescription of the comparative merits and detriments of each location\nsubmitted, and a statement of the reasons why the primary proposed\nlocation is best suited for the facility.\n 3. To the greatest extent practicable, each landowner of land on which\nany portion of such proposed facility is to be located shall be served\nby first class mail with a notice that such landowner's property may be\nimpacted by a project and an explanation of how to file with ORES a\nnotice of intent to be a party in the permit application proceedings and\nthe timeframe for filing such application.\n 4. No later than sixty days following the date upon which an\napplication has been deemed complete, and following consultation with\nany relevant state agency or authority, ORES shall publish for public\ncomment draft permit conditions prepared by the office of renewable\nenergy siting and electric transmissions, which comment period shall be\nfor a minimum of sixty days from public notice thereof. Such public\nnotice shall include, but shall not be limited to: (i) written notice to\nthe municipalities and political subdivisions, in which the major\nelectric utility transmission is proposed to be located and to\nlandowners notified of the application pursuant to subdivision three of\nthis section; (ii) publication in a newspaper or in electronic form,\nhaving general circulation in such municipalities or political\nsubdivisions; (iii) posting on the office's and the department's\nwebsite; and (iv) written notice to each member of the legislature\nthrough whose district the facility or any alternate proposed in the\napplication would pass and in the event that such facility or any\nportion thereof is located within the Adirondack Park or Tug Hill, the\nAdirondack Park Agency and Tug Hill commission respectively.\n 5. For any municipality, political subdivision or an agency thereof\nthat has received notice of the filing of an application, pursuant to\nregulations promulgated in accordance with this section or otherwise in\neffect on the effective date of this article, the municipality or\npolitical subdivision or agency thereof shall within the timeframes\nestablished by this act submit a statement to ORES indicating whether\nthe proposed facility is designed to be sited, constructed and operated\nin compliance with applicable local laws and regulations, if any,\nconcerning the environment, or public health and safety. In the event\nthat a municipality, political subdivision or an agency thereof submits\na statement to ORES that the proposed facility is not designed to be\nsited, constructed or operated in compliance with local laws and\nregulations and ORES determines not to hold an adjudicatory hearing on\nthe application, ORES shall hold a non-adjudicatory public hearing in\nthe affected municipality or political subdivision.\n 6. If public comments on a draft permit condition published by ORES\npursuant to this section, including comments provided by a municipality\nor political subdivision or agency thereof, landowners, or members of\nthe public, raise a substantive and significant issue, as defined in\nregulations adopted pursuant to this article, that requires\nadjudication, ORES shall promptly fix a date for an adjudicatory hearing\nto hear arguments and consider evidence with respect thereto; provided,\nhowever, that with respect to an application for a siting permit for a\nmajor electric transmission facility, any portion of which is to be\nlocated on the land of a landowner for which the applicant lacks a\nright-of-way agreement, ORES shall provide such landowner with an\nopportunity to challenge the explanation for the public need given in\nsuch application. In any such adjudicatory hearing, ORES or the\ndepartment, shall designate members of its staff to represent the public\ninterest, including with respect to the application of local and state\nlaws.\n 7. Following the expiration of the public comment period set forth in\nthis section, and following the conclusion of a hearing undertaken\npursuant to subdivision six of this section, ORES shall, in the case of\na public comment period, issue a written summary of public comments and\nan assessment of comments received, and in the case of an adjudicatory\nhearing, the executive officer or any person to whom the executive\ndirector has delegated such authority shall issue a final written\nhearing report. A final siting permit may only be issued if ORES makes a\nfinding that the proposed project, together with any applicable uniform\nand site-specific standards and conditions, would comply with applicable\nlaws and regulations. In making a final siting permit determination with\nrespect to a major renewable energy facility or a major electric\ntransmission facility, ORES may elect not to apply, in whole or in part,\nany local law or ordinance that would otherwise be applicable if it\nmakes a finding that, as applied to the proposed facility, it is\nunreasonably burdensome in view of the CLCPA targets, the environmental\nbenefits, and in the case of a transmission facility, the public need\nfor the proposed project.\n 8. Notwithstanding any other deadline made applicable by this section,\nORES shall make a final decision on a siting permit within one year from\nthe date the application was deemed complete. Unless ORES and the\napplicant have agreed to an extension and if a final siting permit\ndecision has not been made by ORES within such time period, then such\nsiting permit shall be deemed to have been automatically granted for all\npurposes set forth in this article and all uniform conditions or site\nspecific permit conditions issued for public comment shall constitute\nenforceable provisions of the siting permit; provided, however, that\nwith respect to a final siting permit decision related to a major\nelectric transmission facility, any portion of which is to be located on\nthe land of a landowner for which the applicant lacks an existing\nright-of-way agreement and in which ORES has not made a public need\ndetermination, no such permit shall be automatically granted.\n 9. For a major electric transmission facility that would be\nconstructed substantially within existing rights-of-way that possess\nexisting major electric transmission infrastructure, the office of\nrenewable energy siting and electric transmission may include within its\nregulations a framework that relieves certain requirements of this\narticle, provided that such relief is reasonable and does not impair any\nrights of municipalities established under this article or limit\nrequirements relating to public notice or the finding of public need.\n * NB Repealed December 31, 2040\n