Section 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, 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.
    3.  An  application  to  construct  a  fuel  gas  transmission line as
  described in subdivision  two  of  section  one  hundred  twenty,  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;
    (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.
    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 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 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  or  within  sixty  days  from  the  date on which it
  receives a notice complying with subdivision two 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  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,  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.