2019 New York Laws
PBS - Public Service
Article 7 - Siting of Major Utility Transmission Facilities
121-A - Procedures With Respect to Certain Fuel Gas Transmission Lines.

§ 121-a. Procedures  with  respect  to  certain  fuel gas transmission
lines.  1. All persons who intend to  construct  fuel  gas  transmission
lines  as  described  in this section shall file with the commission for
its approval the standards  and  practices  which  will  be  applied  to
environmental  management  and  construction  of all such lines or shall
file  a  certified  statement  agreeing  to  construct  such  lines   in
accordance  with  standards  and  practices  on file and approved by the
commission.
  2. A notice of intention to construct a fuel gas transmission line  as
described  in  subdivision  two  of  section  one hundred twenty of this
article, which extends a distance of less than five miles and  which  is
six  inches  or  less  in  nominal  diameter,  shall  be  filed with the
commission and shall contain:
  (a) the date  on  or  about  which  the  applicant  intends  to  begin
construction of the line;
  (b) a brief statement describing and locating the line;
  (c)  an  indication  of  the  approved  environmental  management  and
construction standards and practices that will be followed in an  effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.
  A  copy  of  such notice shall be served on each municipality in which
any portion of such line is to be located and  proof  of  service  shall
accompany the notice filed with the commission.
  To  the  greatest  extent practicable, each landowner of land on which
any portion of such fuel gas transmission line is proposed to be located
shall be served by first class mail with a notice that such  landowner's
property  may  be  impacted by a project, including a description of the
project and an explanation of how to file with the commission  a  notice
of  intent  to  be  a  party  to  the  certification proceedings and the
timeframe for filing such application.
  3. An application  to  construct  a  fuel  gas  transmission  line  as
described  in  subdivision  two  of  section  one hundred twenty of this
article, which extends a distance of less than ten miles, other  than  a
line  described  in subdivision two of this section, shall be filed with
the commission and shall contain:
  (a) the information required by paragraphs (a), (b), (d)  and  (f)  of
subdivision one of section one hundred twenty-two of this article;
  (b)  the  description  of the ecosystem, land use, visual and cultural
resources which would be affected by the line; and
  (c)  an  indication  of  the  approved  environmental  management  and
construction  standards and practices that will be followed in an effort
to minimize or avoid adverse environmental impacts to the maximum extent
practicable.
  A copy of such application shall be served on: (i) the  department  of
environmental  conservation;  (ii)  the  department  of  agriculture and
markets; and (iii) each municipality in which any portion of  such  line
is  to  be located; and proof of service shall accompany the application
filed with the commission. The commission shall serve  a  copy  of  such
application  on such other person or entities as the commission may deem
appropriate. Such action shall be deemed compliance with the  applicable
provisions  of  section  one  hundred  twenty-two  of  this article. The
applicant, the commission and those served shall constitute the  parties
notwithstanding  the  provisions  of  section one hundred twenty-four of
this article.
  To the greatest extent practicable, each landowner of  land  on  which
any portion of such fuel gas transmission line is proposed to be located
shall  be served by first class mail with a notice that such landowner's
property may be impacted by a project, including a  description  of  the

project  and  an explanation of how to file with the commission a notice
of intent to be  a  party  to  the  certification  proceedings  and  the
timeframe for filing such application.
  4. If the notice or the application filed pursuant to subdivisions two
or  three  of  this  section  respectively  does  not  comply  with  the
requirements of such subdivision, the commission or its designee  shall,
promptly, but in no event more than fourteen days from the date on which
it  receives  the notice or application, advise the person in writing of
noncompliance and how to comply.
  5. Any person may file comments on an application with the commission.
The record of the certification proceeding under  subdivision  seven  of
this  section  may  be limited to the application, any comments filed by
the parties and any report prepared by the staff of  the  department  of
public service, whether or not it acts as a party.
  6.  Upon  receipt  of a notice with respect to a fuel gas transmission
line that complies with subdivision two of this section, the  commission
shall,  within  thirty  days  or  less,  determine  whether  there  is a
substantial public interest requiring that the facility be  reviewed  in
accordance  with the provisions of subdivision seven of this section. If
the commission determines that such review  is  not  required  it  shall
issue a certificate authorizing such construction. Failure to act within
such thirty day period shall constitute a certificate for the purpose of
this article. If the commission determines that such review is required,
the  commission  shall serve a copy of the notice which shall constitute
the application, on such person or entities as the commission  may  deem
appropriate  and  which  shall  be deemed compliance with the applicable
provisions of section  one  hundred  twenty-two  of  this  article.  The
applicant and such persons or entities shall constitute the parties, the
provisions   of   section   one  hundred  twenty-four  of  this  article
notwithstanding.
  7. The commission shall render a decision upon the record within sixty
days from the date on which it receives an  application  complying  with
subdivision  three of this section or within sixty days from the date on
which it receives a  notice  complying  with  subdivision  two  of  this
section  on  which  it  has  made a determination that review under this
subdivision is in the public interest. Where the commission has required
a hearing it may extend the time  required  to  render  a  decision.  In
rendering  its decision on a notice filed pursuant to subdivision two of
this section and reviewed under  this  subdivision,  the  commission  is
required  to find and determine only that the construction of a fuel gas
transmission line will minimize or avoid adverse  environmental  impacts
to  the  maximum  extent  practicable.  In  rendering its decision on an
application filed pursuant to subdivision three  of  this  section,  the
commission  shall  make  only  the determinations required by paragraphs
(a), (b), (e), (f) and (g) of subdivision one  of  section  one  hundred
twenty-six of this article.