NY Pub Serv L § 121-A (2021)
2021 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.