DEVELOPMENT SERVICES COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Jim Baird, Commissioner of Development Services

Alan Brown, Director of Engineering

Valerie Shuttleworth, Director of Planning & Urban Design

 

 

 

 

PREPARED BY:

Jamie Bosomworth, Senior Project Coordinator

Geoff McKnight, Manager of Strategy & Innovation

 

 

 

 

DATE OF MEETING:

2004-Jun-01

 

 

 

 

SUBJECT:

Preliminary Comments on the Hydro One Electrical Supply Proposal (Parkway Belt Transmission Corridor, north to northern York Region) under the Class Environmental Assessment Process

 

 

 


 

RECOMMENDATION:

That the Development Services Commission report dated June 1, 2004, entitled “Preliminary Comments on the Hydro One Electrical Supply Proposal  (Parkway Belt Transmission Corridor, north to northern York Region) under the Class Environmental Assessment Process”, be received; and,

 

That Hydro One be advised that the Council of the Town of Markham has very serious concerns with the possible routing option under consideration in the Town of Markham, and requires that the following actions be undertaken by Hydro One prior to its determination of a preferred alternative:

 

1.      That Hydro One undertake, as part of the Class Environmental Assessment Process, a fully documented identification and assessment of all possible routes and options for expanded power transmission capacity to northern York Region, including the use of other transmission corridors supplying northern York Region, the use of existing and proposed Ministry of Transportation corridors such as Highway’s 404, 400 and future 427, pursuing new corridors on rural lands, and any other viable alternatives;

 

2.      That Hydro One, in evaluating all alternatives,  give greater consideration to environmental, social and economic impacts on existing urban areas and established residential communities, and a lesser consideration to the factor of  cost;

 

 

3.      That in the event that any further analysis of  the possible routing option in the Town of Markham is required in order for this option to be “screened out” by Hydro One, that such analysis include, among other matters, consideration of:

 

a)      A full inventory and assessment of natural features and functions that would be potentially affected by construction activities and transmission corridor operations;

 

b)      An assessment of the impact of the proposal on the intended use of the Hydro One transmission corridor for a future trail system activity linkage, as part of the Greenway System identified in the Official Plan;

 

c)      An assessment of  the visual impact of the power transmission towers in an established urban environment (within the residential communities of Markham Centre, Buttonville, Cachet Woods, Cachet Estates/Jennings Gate, Cathedral Community, and Victoria Square), including an assessment of  the potential economic impact on homeowners and the loss of  enjoyment of residential yards that are in proximity to the hydro corridors;

 

d)      Review, with Transport Canada, the compliance of tower transmission heights with respect to Transport Canada Airport zoning regulations (existing Buttonville and future Pickering airports);

 

e)      Provide information on the effects of electromagnetic fields on human health; disclose the relative EMF strength emanating from the existing power line compared with the proposed 230 kV line; and, identify mitigating measures that would ensure that any proposed changes in transmission capacity will not increase the public’s exposure to electromagnetic fields; and

 

That the Town Clerk forward a copy of this report and Council’s resolution to Hydro One, and request that the Town be added to the project’s contact list; and

 

That the Town Clerk advise the Premier of Ontario, the Minister of the Environment, Markham Area MPPs Tony Wong, Frank Klees and Mario Racco, the Region of York, the York Region District School Board, and the York Catholic District School Board, of Council’s concerns and comments on this matter.

 

PURPOSE:

Hydro One is undertaking a Class Environmental Assessment (EA) for a project that would expand power transmission capacity to northern York Region.  One of the options under consideration for the project consists of increasing electricity transmission capacity in an existing Hydro transmission corridor in the Town of Markham as shown on Attachment #2.  The purpose of this report is to provide an overview of the Hydro One proposal, explain the approval process and identify issues and concerns relating to the viability and potential impacts of the Markham option.

 

 

BACKGROUND:

Hydro One is an electricity transmission and distribution company (wholly owned by the Province of Ontario), transmitting up to 97% of the electricity from various generation sources to customers and local utilities in Ontario.  Electrical power is transmitted across the province through high voltage transmission lines (500kV, 230kV and 115kV).  Within York Region, Hydro One transmits electricity to local utilities, including Markham Hydro.  Markham Hydro then distributes the electrical power to homes and businesses in Markham. 

 

In early 2004, Hydro One published a document titled “Transmission Solutions, a Ten Year Transmission Plan for the Province of Ontario, 2004 – 2013” which outlines their plan for transmission of electricity in Ontario for the next ten years.  Hydro One’s background report identified the need for improved electricity delivery in York Region.  A project of particular interest to the Town is the proposed establishment of a new 230kV power line that will run from the existing main lines within the Parkway Belt Transmission Corridor (which run east-west adjacent to Highway 407 in Markham), north to northern York Region.

 

To address this, two possible north-south routes have been identified by Hydro One – a Vaughan option (44 kilometres long) and a Markham option (24 kilometres long).  Both are within existing corridors which terminate in Newmarket at the Armitage Transformer Station (see Attachment #1 – Hydro One Proposed Corridors for Increased Power Transmission to North York Region).  The proposed 230 kV power line is subject to Environmental Assessment and Ontario Energy Board approval.

 

Proposed expansion of Markham corridor

As shown on Attachment #2, the Markham option identified by Hydro One is an existing hydro corridor situated generally mid-block between Woodbine Avenue and Warden Avenue, running from just south of Hwy. 407 up beyond the municipal boundary.  Currently, the section south of 16th Avenue transmits power at the 230kV level, with a 115kV line north of 16th Avenue (staff have been advised that the existing 115kV line is actually distributing 28kV).

 

This existing transmission corridor runs through urban lands in Markham, including the Markham Centre mixed use area, and established residential communities including Buttonville, Cachet Woods, Cachet Estates/Jennings Gate, Cathedral Community and Victoria Square.

 

The Hydro One proposal for the section south of 16th Avenue is to reconstruct existing towers to an upgraded style with a similar height.  North of 16th Avenue, Hydro One is proposing to increase power transmission capacity from 115kV to 230kV.  This would require the use of towers that are 60 – 70 feet taller than existing structures.  Two types of towers are proposed, as shown on Attachment #3.   

 

Multiple approvals are required

For this project, Hydro One is required to undertake a Class Environmental Assessment (EA) for “Minor Transmission Facilities”.  At the completion of the EA process, Hydro One must also obtain approval from the Ontario Energy Board (OEB).  In addition, they require approval from the Electricity Market Operator (IMO).  Both the EA process and the OEB process provide for public input.  The IMO approval is more technical in nature and does not provide for public input.

 

Class Environmental Assessment process

The Environmental Assessment Act is administered by the Ministry of Environment (MOE).  It provides decision making and public input processes that must be followed before public infrastructure projects can be undertaken.  The intent of the Class Environmental Assessment (EA) process is to ensure that impacts associated with the construction and operation of a project are environmentally acceptable.  The flow chart (Attachment #4) lays out the steps in the process.

 

Simply stated, a Class EA involves:

 

  • the identification and assessment of alternatives for the infrastructure project
  • public consultation on the alternatives (the current stage of the Hydro One EA)
  • identification of a preferred alternative, along with mitigative measures to minimize impacts such as environmental, social, etc.
  • public consultation on the preferred alternative and mitigation strategy, and
  • reporting on the preferred alternative

 

A Class EA is a “self-assessment” process led by the proponent (in this case Hydro One).  Provided that MOE’s process is properly followed and issues identified through consultation are adequately addressed, the project can receive environmental approval.  MOE only becomes part of the process when an individual or group opposes the project and requests a “bump-up” to an individual EA – which would require evaluation of a broader range of options to a greater depth of study.  An individual EA can be a much longer and more extensive process.

 

Status of the Hydro One Environmental Assessment

In accordance with the Class EA process, Hydro One is conducting a public consultation program.  The first public information centre was held at various venues during the last week of April and the first week in May – including an April 28th meeting in the Town of Markham.  Hydro One provided a set of display boards which identified the need for the project, identified alternative routes and designs, indicated the process they would be following, and requested the public to comment on the project.  Currently, Hydro One remains focused on assessing the Vaughan and Markham alternatives, as shown on Attachment # 1.

 

Future public information centres have yet to be scheduled.  Hydro One advises they originally intended to hold the second session in June.  However, a date has yet to be set in order to allow more time for informal consultation with members of the public, interested groups and public agencies (e.g. School Boards).  Once these consultations are completed, Hydro One will present their preferred option.   The public will have an opportunity to comment further at that time.  

 

Upon completion of the consultation process, Hydro One will prepare an Environmental Study Report which will be filed with the Ministry of Environment.  The report will outline the project, process and outcome.  Hydro One will notify all interested parties including the public, stakeholders and agencies that 30 days are available to review the report and provide comments.  At this stage, any member of the public can request that MOE “bump-up” the project to an individual EA.  Requests must include written submissions outlining inadequately addressed issues.  If no bump-up is requested within the 30 day period, Hydro One will have Ministry of Environment approval to start the project. 

 

If a “bump-up” is requested, Hydro One will have an opportunity to address the requestor.  If the issues cannot be resolved, the Minister of Environment will review the Environmental Study Report and the reasons for the bump-up request, and make a decision.  The Minister can either indicate that the objection is not warranted thereby granting environmental approval, or direct the proponent to undertake an individual EA.  The outcome of an individual EA requires the approval of a third-party Consolidated Hearing Board through a public hearing

 

Role of the Ontario Energy Board

Upon the completion of the EA process, Hydro One must also acquire approval from the Ontario Energy Board (OEB).  Through its process, the OEB reviews the proposed transmission project within the context of how the project may impact the price, reliability, availability and quality of electricity. 

 

To acquire this approval, Hydro One will file an application with OEB.  Hydro One will then notify interested parties and the general public of the application.  Any party will have an opportunity to participate in the OEB’s review process, which includes submission of evidence, interrogation of other parties’ evidence, and a hearing.  Upon the completion of this process, OEB reviews all submissions and issues a decision.  With OEB approval, Hydro One will be in a position to construct the project.

 

The Town and Region have no approval authority in EA or OEB processes

Under the current provincial legislation for Class EA and OEB processes, the Town of Markham and Region of York hold the status of commenting agencies – they are not regulatory approval agencies.   Site plan approval and building permits are not required for Hydro transmission towers.

 

Hydro One did not require warning clauses in subdivision agreements

As required by the Planning Act, Hydro One is provided copies of plans and applications for new subdivisions that abut their corridors and facilities.  This provides an opportunity for Hydro One to review and comment on the applications – comments could include a request that new home owners be notified of the proximity of power transmission corridors, as well as the prospects of changes to the corridors in the future.  Such warning clauses in agreements were required in the past by Hydro along certain sections of Hydro corridors in Markham.

 

Staff reviewed several subdivision agreements for newer residential developments in the vicinity of the subject Hydro corridor in the Town of Markham.  Hydro did request certain technical requirements relating to such matters as fencing and grading, which are addressed in the subdivision agreements.  However, Hydro did not request any specific notice or warning requirements to be included in the agreements reviewed.

 

DISCUSSION:

Staff have reviewed the background reports prepared by Hydro One, attended the April 28th public information session, liaised with other municipalities, and consulted with experts in the power transmission industry.  Based upon these reviews and consultations, we have identified several main issues and concerns that must be addressed as Hydro One proceeds under the Environmental Assessment process, namely: ensuring that all potential options are thoroughly explored; assessing the aesthetic and environmental impacts during and following construction; and, providing a scientifically sound and conclusive statement regarding the relationship between electromagnetic fields and the proposed changes to the power transmission corridor, and any possible affects on human health.

 

Hydro One must pursue all reasonable options

As noted earlier, Hydro One has focused its efforts in this Class EA process on only two options – the Vaughan and Markham alternatives.  However we note that both these options run through built-up urban areas, immediately adjacent to established residential communities. 

 

We recommend in the strongest of terms that Hydro One, as part of the formal EA process, be required to consider other possible options that could involve less of an impact on urban residential communities.  Other possible options identified to date for expanded power transmission capacity to northern York Region could include other existing transmission corridors supplying northern York Region (such as corridors north of Newmarket), the use of existing and proposed Ministry of Transportation corridors such as Highway’s 404, 400 and future 427, pursuing new corridors on rural lands, and any other viable alternatives.

 

Hydro One should identify and investigate these and any other viable alternatives as part of the current Environmental Assessment process.

 

The effects of EMF remain unknown

Every electronic device emits electromagnetic fields (EMF), including clock radios, cell phones, computers and power transmission lines.  Concerns have been raised for several decades regarding the potential health risks associated with exposure to EMF.  York Region undertook a review of the matter eight years ago, and determined that despite a remarkably large body of research, the scientific community offers contradictory and typically inconclusive results on the effects of EMF on human health.  This lack of consensus is further evidenced in the efforts of the World Health Organization, which initiated an international review of EMF effects in 1996 and has yet to release a singularly conclusive position.

 

Members of the public living in the residential communities adjacent to the Hydro transmission corridor shown on Attachment #2 have been expressing to Hydro One, Members of Council and the School Boards serious concerns in regard to the possible health effects of the proposal, given the close proximity of the corridor to homes, schools and parks.

 

Possible EMF impacts are a sensitive matter worthy of further review, and the proponent should be obligated to respond to the public’s concerns in a meaningful manner.  This would include Hydro One providing information on the effects of electromagnetic fields on human health, disclosing the relative EMF field strengths associated with 28kV, 115kV and 230 kV power lines, and identifying mitigating measures that would ensure that any proposed changes in transmission capacity will not increase the public’s exposure to electromagnetic fields.

 

Social and economic impacts must be considered in the review of alternatives

Power transmission towers present a visual intrusion into the urban landscape.  For the section of corridor running north from 16th Avenue, the Hydro One proposal would require the replacement of the existing towers with structures that are 60 – 70 feet taller and potentially broader as well.  The introduction of larger towers can worsen the already poor aesthetic impact of transmission corridors, present a further domination of the landscape, and possibly lead to negative economic impacts on homeowners as well as loss of enjoyment of residential yards in proximity to the corridor.  For these reasons, visual impact of the alternatives must be considered in the EA, along with related social and economic concerns.

 

Confirm compliance with airport zoning regulations

Federal zoning regulations are in place to restrict the height of structures in the vicinity of Buttonville Airport.  At the locations in proximity to flight paths, the maximum permissible height may conflict with the height of the 230kV towers proposed by Hydro One.  The Markham transmission corridor is also affected by draft regulations recently issued by Transport Canada for the Pickering Airport.  Although these additional height restrictions are unknown at this time, the onus is on Hydro One to confirm that it complies with all airport zoning regulations of Transport Canada.

 

Concerns exist that construction activity may have environmental impacts

Maintenance of power transmission corridors typically limits the extent of significant tree growth, but varied undergrowth does emerge over time.  These areas become suitable for habitat and nesting grounds for a large variety of small mammals, birds, reptiles, etc.  They can also serve as vital terrestrial corridors linking core habitat areas.

 

Construction activity associated with the erection of any new Hydro towers would degrade the habitat value of the transmission corridors.  Regardless of the alternative selected, a full inventory and assessment of natural features is required, as well as a mitigation strategy to minimize the impacts of construction.

 

Ongoing maintenance and operating impacts of an intensified hydro corridor are also of concern, relating to such matters as the increased potential for use by Hydro One of pesticides and herbicides.

 

Markham Official Plan identifies Hydro Corridors as Activity Links in Greenway System

Section 2.2.2.3 of the Official Plan supports the development of a linked Greenway System to support ecological functions, provide access to natural areas and to provide continuous trails across the municipality and linking to Regional systems.  The Greenway System is shown conceptually on Appendix Map 1 – GREENWAY SYSTEM of the Official Plan. 

 

Section 2.2.2.12 Activity Linkages of the Official Plan provides that the “Town encourages and will work cooperatively with Ontario Hydro to gradually establish trail links on sections of the Hydro rights-of -way …”. 

The subject transmission corridor is shown as an intended “activity linkage” on the Greenway System map.  Hydro One should be required to prepare an assessment of the impact of the proposal on the intended use of the Hydro One transmission corridor for a future pedestrian and bicycle path linkage, as part of the Greenway System identified in the Official Plan.

 

FINANCIAL CONSIDERATIONS:

At this point in the EA, Hydro One continues to assess the various options.  Once a preferred option has been selected, staff will report back to Council with recommendations pertaining to the selection and provide information on any potential financial impacts.

 

ENVIRONMENTAL CONSIDERATIONS:

As detailed in the discussion section of this report, construction activity associated with the project may degrade natural flora and fauna.  Staff recommend that Hydro One prepare a full inventory and assessment of natural features within the corridors, as well as a mitigation strategy to minimize the impacts of construction.  The impacts of the proposal on the activity linkages/Greenway Systems policies of the Official Plan are also of concern.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

All affected departments will be involved in the review of Hydro One’s preferred option, once that information is released.

 

ATTACHMENTS:

Attachment #1 – Hydro One Proposed Corridors for Increased Power Transmission to North York Region

Attachment #2 – Hydro One Proposal for Existing Markham Corridor

Attachment #3 – Illustrations of Proposed Transmission Towers

Attachment #4 – Class Environmental Assessment Study Process

 

 

 

 

 

 

 

 

 

Valerie Shuttleworth, M.C.I.P., R.P.P.

Director of Planning & Urban Design

 

 

 

 

 

 

 

 

 

 

Alan Brown, C.E.T.

Director of Engineering

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

Q:\Development\Engineering\REPORTS\2004\June\hydro one.doc


Attachment #1

 

Hydro One Proposed Corridors

for Increased Power Transmission to North York Region

 


Attachment #3

Illustrations of Proposed Transmission Towers

 
 



Attachment #4

 

Class Environmental Assessment Study Process