Transmission facilities siting For the incumbent electric utility companies and the merchant transmission developers that it regulates, the commission must issue a Certificate of Environmental Compatibility and Public Need prior to the operation and construction of an electric transmission line – a "major utility transmission facility" – in the state. This is pursuant to Article VII of the Public Service Law. The process provides for public notification and participation. This certificate provides detail on the final routing of a transmission line, the public need for the line, the probable environmental impact of the line, among other details. After this certificate is granted, the utility or developer then files an Environmental Management and Construction Plan that the commission also must approve prior to construction. It may require many years for a project, depending upon the level of controversy, to proceed through the Article VII siting process, although it may take only 6 months to construct. The certification process can take even longer if routing occurs through municipalities that are charged with managing a Municipal Separate Storm Sewer System (MS4). Final state certification requires approval from the local MS4 municipality in accordance with its MS4 plan.
Part 102 siting There are some instances when electric transmission lines can be built without going through the Article VII transmission facilities siting process. The Public Service Law defines a "major utility transmission facility" as an electric transmission line operating at greater than 125-
kilovolts (kV) and longer than 1-mile in length, or an electric transmission line operating at greater than 100-kV (and less than 125-kV) and greater than 10 miles in length. It does not extend this definition to transmission facilities located wholly underground in cities with a population of greater than 125,000 people or to facilities approved in relation to FERC-certified hydroelectric facilities. Notably, Part 102 of the Public Service Law, for example, allows for the 60-day review of a 115-kV transmission line with a length of less than 10 miles, without a formal response from the commission. Part 102 filing has enabled certain utilities to maintain their infrastructure without being burdened with the financial and time constraints of Article VII filings.
Generation facilities siting Electric generation facilities siting in New York is the responsibility of a multi-agency board called the Siting Board on Electric Generation Siting and the Environment. It reviews and certifies projects with proposed capabilities of 25
MWs or greater. Its board members are the heads of the Public Service Commission, the
Department of Health, the
Department of Environmental Conservation,
NYSERDA, and the
Empire State Development Corporation. The generation siting process in New York is still fairly young – the Article 10 statutes passed into law in 2011 by Governor
Andrew Cuomo. Prior to the Article 10 regulations, Public Service Law Section 68 acted as a gap regulation after the expiration of the Article X – not "10" – process in the early 2000s.
Local community response and participation The local community response to proposed electric facilities siting depends largely upon the notification process to local land owners. The Article VII and Article 10 regulations call for fairly wide notification. The Article 10 process, notably, invites local community members to serve as Siting Board members. Many of the comments posted by local community members reflect
NIMBY positions or appeals to a
perceived health threat from low-frequency electric and magnetic fields. As of 2018, a large number of proposed
wind turbine facilities located in
Western and
Upstate New York are being processed under the Article 10 regulations, and the impacts of
astroturfing and the rate at which the commission staff can process the amount of these projects has yet to be determined. ==Service disruptions==