NY Transp Corps L § 11 (2021)
2021 New York Laws TCP - Transportation Corporations Article 2 - Gas and Electric Corporations. 11 - Powers.

§  11. Powers. Every such corporation shall have the following powers: 1.  A gas corporation and a gas  and  electric  corporation  shall  have power  to  manufacture gas, and to acquire natural or artificial gas and to mix the gases and to sell and furnish gas for light, heat  or  power; and  to  lay  conductors  for  gas  in  the streets, highways and public places, in each city, village and town in the county or  counties  named in  its  certificate of incorporation, with the consent of the municipal authorities of such city, village or town,  and  under  such  reasonable regulations as they may prescribe.   2. Every corporation having authority under any general or special law or under any charter or franchise, to lay down, erect or maintain pipes, conduits,  ducts  or  other  fixtures  in,  over  or  under the streets, highways and public places  of  any  municipality  for  the  purpose  of furnishing  or  distributing  natural  gas,  may  acquire and supply for public use artificial gas.   Where any gas corporation is serving  natural  gas  under  permits  or franchises  permitting  the  laying or maintaining of mains or pipes and conveying natural  gas,  and  the  supply  of  natural  gas  has  become inadequate  or  insufficient  to give reasonable service to consumers in the municipalities  served  by  it,  such  gas  corporation  may  supply artificial  gas  or a mixture of natural and artificial gases under such permits or franchises.   3. An electric corporation and a gas and  electric  corporation  shall have power to generate, acquire and supply electricity for heat or power in  cities,  towns  and  villages  within  this  state, and to light the streets, highways and public places thereof, and the public and  private buildings therein; and to make, sell or lease all machines, instruments, apparatus  and  other  equipments  therefor,  and  for  transmitting and distributing electricity, to lay, erect and construct suitable wires  or other  conductors, with the necessary poles, pipes or other fixtures in, on, over and under the streets, avenues, public parks and places in such cities, towns or villages, with the consent of the municipal authorities thereof, and in such manner and under such  reasonable  regulations,  as they may prescribe.   3-a.  An  electric  corporation and a gas corporation shall have power and authority to acquire such real estate as may be  necessary  for  its corporate  purposes  and  the  right  of way through any property in the manner prescribed by the eminent domain procedure law.   3-b. The construction, use and maintenance by an electric  corporation of  transmission,  distribution  and service lines and wires in, over or under any street, highway or public place and the construction, use  and maintenance  by  a  gas  corporation  of  transmission, distribution and service pipes, conduits, ducts or other fixtures in, over or  under  any trees,  highway  or  public place, as may be necessary for its corporate purposes, are hereby declared to be public uses and purposes.   Where any person or corporation other  than  the  state,  a  political subdivision  thereof, or a municipality is the owner of any right, title or interest in or to any street, highway or public place, or  in  or  to the  land  on  which  the street, highway or public place is located, an electric corporation or a  gas  corporation  is  hereby  authorized  and empowered to acquire the right to construct, use and maintain such lines or  wires and such pipes, conduits, ducts or other fixtures, in, over or under such street, highway or public place, from such owner  or  owners, by  petition in the manner prescribed by section four hundred two of the eminent domain procedure law to the supreme court in the county in which such street, highway or public place is situated. The corporation  shall file  with  the  court  a  certificate  of the public service commission certifying that the right sought to be acquired is necessary and in  the  public  interest and such certificate shall be conclusive evidence as to the matters lawfully certified therein.   After  a hearing on such petition and any answer thereto, if the court shall find that such right to construct, use and maintain  is  necessary for  the  corporate  purposes  of  the  corporation,  it shall enter its judgment adjudging that such right is necessary for the public  use  and that  the  corporation  is  entitled  to construct, use and maintain its lines or wires or pipes, conduits, ducts or other fixtures in,  over  or under such street, highway or public place and adjudging pursuant to the eminent  domain  procedure  law  the  compensation  to  be  made  by the corporation to the owner or owners.   4. Any two or more domestic gas corporations,  electric  corporations, gas and electric corporations, and any other domestic corporation formed for  the  purpose  of  engaging  in  any  business in which domestic gas corporations, electric corporations or gas and electric corporations may engage, may merge or consolidate in accordance with  the  procedure  and with  the  effect  set forth in article nine of the business corporation law.   5. A corporation mentioned in this article or incorporated under or by any general or special law of this state for the  purpose  of  supplying for  public use electricity for light, heat or power in cities, towns or villages in this state, upon filing a certificate of amendment therefor, to which is annexed the consent required  by  section  one  hundred  and eleven of this chapter, shall have all the rights, privileges and powers and be subject to all the restrictions of district steam corporations.   6.  The  term  "municipal authorities" as used in subdivisions one and three of this section, shall be deemed to be the local legislative  body of  a  city,  the board of trustees of a village and the town board of a town. All consents in writing for the doing of acts  mentioned  in  such subdivisions   given  before  April  fourteenth,  nineteen  hundred  and twenty-two,  in  writing  by   the   highway   commissioners   or   town superintendent  of  highways  or  the  town  board  of  any  town to any corporation organized under the provisions  of  this  article  shall  be deemed  to be the consents of the municipal authorities required by this section.   7. Subdivisions three and three-a of this section shall not  apply  to any merchant transmission company which:  (a) commences and ends in the state of New York;  (b)  through  its  employees, agents, representatives, or assigns, has represented  in  testimony  that  the   construction   of   such   power transmission  lines  will  increase  electric  rates  in any part of the state; and  (c) which applied for and did not receive an early  designation  as  a national  interest  electric  transmission  corridor  under  an  act  of congress commonly known as the Energy Policy Act of 2005.