2019 New York Laws
PBS - Public Service
Article 7 - Siting of Major Utility Transmission Facilities
126 - The Decision.

§ 126. The  decision.  1.  The commission shall render a decision upon
the record either granting  or  denying  the  application  as  filed  or
granting it upon such terms, conditions, limitations or modifications of
the construction or operation of the facility as the commission may deem
appropriate.  If  the  commission denies the application, it shall file,
with its order, an opinion stating in full its reasons for  the  denial.
Except  as  provided  in subdivision two of this section, the commission
may not grant a certificate for the construction or operation of a major
utility transmission facility, either as proposed or as modified by  the
commission, unless it shall find and determine:
  (a) the basis of the need for the facility;
  (b) the nature of the probable environmental impact;
  (c) that  the  facility  represents  the minimum adverse environmental
impact, considering the state of available technology and the nature and
economics   of   the   various   alternatives,   and   other   pertinent
considerations  including but not limited to, the effect on agricultural
lands, wetlands, parklands and river corridors traversed;
  (d) that the facility represents a minimum adverse  impact  on  active
farming operations that produce crops, livestock and livestock products,
as  defined  in section three hundred one of the agriculture and markets
law, considering the state of available technology and  the  nature  and
economics of various alternatives, and the ownership and easement rights
of the impacted property;
  (e)  in  the  case of an electric transmission line, (1) what part, if
any, of the line shall be located underground; (2)  that  such  facility
conforms  to  a long-range plan for expansion of the electric power grid
of the electric systems serving this state  and  interconnected  utility
systems,  which  will serve the interests of electric system economy and
reliability;
  (f) in the case of a gas transmission line, that the location  of  the
line will not pose an undue hazard to persons or property along the area
traversed by the line;
  (g)  that  the  location  of  the  facility  as  proposed  conforms to
applicable state and local laws and regulations issued  thereunder,  all
of  which  shall  be  binding  upon  the  commission,  except  that  the
commission may refuse to apply any local ordinance, law,  resolution  or
other  action  or any regulation issued thereunder or any local standard
or requirement which would be otherwise applicable if it finds  that  as
applied  to  the  proposed  facility such is unreasonably restrictive in
view of the existing technology, or of factors of cost or economics,  or
of  the  needs  of  consumers  whether located inside or outside of such
municipality;
  (h) that the facility will serve the public interest, convenience, and
necessity, provided, however, that a determination of necessity made  by
the  power  authority  of  the state of New York pursuant to section ten
hundred  five  of  the  public  authorities  law  for  a  major  utility
transmission  facility  for which an application has been filed prior to
July first, nineteen  hundred  seventy-eight  pursuant  to  section  one
hundred   twenty-two  of  this  chapter,  shall  be  conclusive  on  the
commission.
  2. In the case of an electric transmission line to be  constructed  by
the  power  authority of the state of New York and located in part under
the waters of Long Island Sound and for the remaining part  underground,
the  commission shall make only the findings and determinations required
by paragraphs (b), (c) and (f) of subdivision one of this  section  and,
on  the basis of such findings and determinations, shall grant, grant in
part, or deny the certificate.

  3. If the commission determines that the location of all or a part  of
the   proposed  facility  should  be  modified,  it  may  condition  its
certificate upon such modification, provided that the municipalities and
persons residing in such municipalities  affected  by  the  modification
shall  have had notice of the application as provided in subdivision two
of section one hundred twenty-two.
  4. A copy of the order and any opinion issued  therewith  pursuant  to
section one hundred twenty-seven shall be served upon each party.