2023 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 avoids or minimizes to the extent practicable
any significant 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;
* NB Effective until December 31, 2030
* (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;
* NB Effective December 31, 2030
* (d)  that the facility avoids or minimizes to the extent practicable
any significant 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;
* NB Effective until December 31, 2030
* (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;
* NB Effective December 31, 2030
(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.