New York PBS Code § 139

General provisions related to establishing standards related to siting major electric transmission facilities
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* § 139. General provisions related to establishing standards related\nto siting major electric transmission facilities. 1. (a) Within twelve\nmonths of the effective date of this section, ORES shall, subject to the\napproval of the commission, in consultation with other offices within\nthe department, the New York state energy research and development\nauthority, the department of environmental conservation, the department\nof agriculture and markets, and other agencies with subject matter\nexpertise, establish a set of uniform standards and conditions for the\nsiting, design, construction, and operation of major electric\ntransmission facilities subject to this article relevant to issues that\nare common to such projects. Prior to adoption of uniform standards and\nconditions, the office of renewable energy siting and electric\ntransmissions shall hold four public hearings in different regions of\nthe state to solicit comment from municipal, or political subdivisions,\nand the public on proposed uniform standards and conditions to avoid,\nminimize or mitigate potential adverse environmental impacts from the\nsiting, design, construction and operation of a major electric\ntransmission facility.\n  (b) The uniform standards and conditions established pursuant to this\nsection shall be designed to avoid or minimize, to the maximum extent\npracticable, any potential significant adverse environmental impacts\nrelated to the siting, design, construction, and operation of a major\nelectric transmission facility. Such uniform standards and conditions\nshall apply to those environmental impacts ORES determines are common to\nmajor electric transmission facilities.\n  (c) The uniform standards and conditions established pursuant to this\nsection shall be designed to avoid, minimize, or mitigate to the maximum\nextent practicable, potential significant adverse impacts to land used\nin agricultural production, with additional consideration for land\nwithin an agricultural district or land that contain mineral soil groups\n1-4 as defined by the department of agriculture and markets.\n  (d) In its review of an application for a major electric transmission\nfacility siting permit to develop a major electric transmission\nfacility, ORES, in consultation with the department of environmental\nconservation, shall identify those adverse site-specific environmental\nimpacts, if any, that may be caused or contributed to by a specific\nproposed major electric transmission facility and are unable to be\naddressed by the uniform standards and conditions. ORES shall draft in\nconsultation with the department of environmental conservation\nsite-specific major electric transmission facility siting permit terms\nand conditions for such impacts, including provisions for the avoidance\nor mitigation thereof, taking into account the CLCPA targets, the\nenvironmental benefits of, and public need for the proposed major\nelectric transmission facility; provided, however, that ORES shall\nrequire that the application of uniform standards and conditions and\nsite-specific conditions shall achieve a net conservation benefit to any\nimpacted endangered and threatened species.\n  (e) Upon the establishment of uniform standards and conditions\nrequired by this section and the promulgation of regulations specifying\nthe content of an application for a major electric transmission facility\nsiting permit, an application for a major electric transmission facility\nsiting permit shall only be made pursuant to this article.\n  2. To the extent that adverse environmental impacts are not completely\naddressed by uniform standards and conditions and site-specific major\nelectric transmission facility siting permit conditions proposed by\nORES, and ORES determines that mitigation of such impacts may be\nachieved by off-site mitigation, ORES may require payment of a fee by\nthe applicant to achieve such off-site mitigation. If ORES determines,\nin consultation with the depart

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