(a) Any electric utility in New York State that proposes to apply herbicides using the aerial application technique to manage right-of-way (ROW) vegetation shall, on a site-by-site basis for any given transmission ROW, submit a plan, with suitable maps and charts, justifying its choice of aerial herbicide treatments of ROW vegetation. At a minimum, the plan shall describe vegetation types to be treated, ROW access conditions, and measures to insure that nontarget resources such as surface and ground waters, potable water supplies and nontarget lands, such as residential and recreational areas, croplands, and other sensitive areas, will not be fouled by the herbicides. The statement shall also describe how the proposed aerial applications will achieve the ROW vegetation management goals that the company has established for the ROW system as a whole and management objectives for the affected individual ROW's.

(b) Such information shall be filed at least 60 days before the date on which the proposed aerial spraying is scheduled to begin. The proposed aerial spraying will not begin unless the affected company complies with the informational requirements specified in subdivision (a) of this section, and the commission approves the proposal. If, however, the commission has not acted upon the proposal within 45 days after its filing, the plan shall be deemed approved.