Memorandum in Opposition - A.7155/S.675
This memorandum is submitted in opposition to the subject bill which would expand the standing requirements under the environmental quality review act provision of the Environmental Conservation Law.
Energy Coalition New York consists of New York State's major gas and electric utility companies: Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York Inc., National Fuel Gas Distribution Corporation, National Grid, New York State Electric & Gas Corporation, Orange and Rockland Utilities, Inc., and Rochester Gas and Electric Corporation. Coalition companies collectively employ more than 32,000 people, service more than 8.5 million customers and pay more than $3 billion in state and local taxes, assessments and fees. The member companies annually invest billions of dollars to make capital improvements to the electric and natural gas infrastructure located in New York State.
This legislation seeks to overrule a recent Court of Appeals decision, Save the Pine Bush v. Common Council of the City of Albany (13 NY3d 297). This case expanded standing to challenge the environmental impact of a proposed development to a person who "can prove he or she uses and enjoys a natural resource more than most other members of the public has standing under the State Environmental Quality Review Act." This decision represented an expansion of the prior standing requirement that was limited to persons living near the location of the project.
This bill would effectively eliminate any standing requirement by permitting the challenge to be predicated on an injury suffered by the public at large without any requirement for actual use of the natural resource. This bill would permit environmental organizations to participate in SEQRA or to challenge a SEQRA determination without any necessity for a local participant actually impacted by the proposed change or development under the SEQRA review. A nexus to the project is a reasonable requirement for standing to participate in SEQRA. SEQRA should not be used by unaffected parties to challenge the local decision-making process. In the context of electric and gas supply, the infrastructure must be upgraded including substations and transmission lines to ensure reliability. The expansion of SEQRA standing would result in increased cost and time in SEQRA proceedings where all points of view are currently well represented.
Based on the foregoing, it is respectfully requested that this legislation not receive favorable consideration.
Energy Coalition New York consists of New York State's major gas and electric utility companies: Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York Inc., National Fuel Gas Distribution Corporation, National Grid, New York State Electric & Gas Corporation, Orange and Rockland Utilities, Inc., and Rochester Gas and Electric Corporation. Coalition companies collectively employ more than 32,000 people, service more than 8.5 million customers and pay more than $3 billion in state and local taxes, assessments and fees. The member companies annually invest billions of dollars to make capital improvements to the electric and natural gas infrastructure located in New York State.
This legislation seeks to overrule a recent Court of Appeals decision, Save the Pine Bush v. Common Council of the City of Albany (13 NY3d 297). This case expanded standing to challenge the environmental impact of a proposed development to a person who "can prove he or she uses and enjoys a natural resource more than most other members of the public has standing under the State Environmental Quality Review Act." This decision represented an expansion of the prior standing requirement that was limited to persons living near the location of the project.
This bill would effectively eliminate any standing requirement by permitting the challenge to be predicated on an injury suffered by the public at large without any requirement for actual use of the natural resource. This bill would permit environmental organizations to participate in SEQRA or to challenge a SEQRA determination without any necessity for a local participant actually impacted by the proposed change or development under the SEQRA review. A nexus to the project is a reasonable requirement for standing to participate in SEQRA. SEQRA should not be used by unaffected parties to challenge the local decision-making process. In the context of electric and gas supply, the infrastructure must be upgraded including substations and transmission lines to ensure reliability. The expansion of SEQRA standing would result in increased cost and time in SEQRA proceedings where all points of view are currently well represented.
Based on the foregoing, it is respectfully requested that this legislation not receive favorable consideration.