State Assemblyman Fred W. Thiele, Jr. and State Senator Kenneth P. LaValle have written to LIPA, responding to its proposed written policy for public notification of above ground transmission line projects and criteria for undergrounding utility lines. LIPA issued its draft policy on August 16, 2017 and has indicated the LIPA Board will consider the matter on September 27, 2017.

Thiele and LaValle stated, “As representatives of eastern Long Island in the New York State Legislature, we urge you to table this policy and permit a fuller discussion with stakeholders across the service area. We believe there are better options. The proposed 6-page policy is nothing more than a written restatement of the status quo. The status quo has resulted in controversy, conflict and litigation across Long Island.”

Thiele and LaValle offered alternatives to the proposed policy. Their proposal would:

• Provide specific notification procedures for all future above ground transmission projects to local governments, elected officials, and affected landowners.
• Provide that LIPA set up an annual capital project for undergrounding utility lines at not less than $70 million per year (10% of their existing capital budget).
• Authorize local governments to designate areas for undergrounding that they determine are in the general public interest based upon set standards.
• Require LIPA to pay 80% of the cost of these projects designated by local governments.
• Require LIPA to prioritize projects which provide the greatest benefit where the cost of designated projects exceeds the available funding
• Authorize local governments to establish special districts for undergrounding which would pay for the local share of projects. Any special district would be subject to public referendum.

Thiele and LaValle stated that the public, “has spent in excess of a billion dollars to acquire interests in real property to preserve lands of exceptional scenic value that make Long Island not only a beautiful place to live, but are also resources that are critical to the tourism and second home industry that fuels Long Island’s economy. LIPA and PSEG-LI have undermined this public investment in our scenic resources. Without adequate environmental review and public participation, LIPA and PSEG-LI have despoiled historic districts, agricultural areas, and even the Central Pine Barrens with out-of-character utility transmission projects that are more at home in a science fiction movie than a residential neighborhood.”

They concluded, “Our proposal for public outreach would extend the notice provisions of Article 7 of the State Public Service Law for major utility transmission projects to all utility transmission projects. Our undergrounding proposal is similar to that which was successfully enacted by California in 1967 as Rule 20. The policy has been utilized to underground utility lines in California for 50 years. We urge you to table the proposed policy and consider other alternatives before LIPA takes any action on this matter. We are prepared to introduce legislation necessary to implement the alternative proposal.”