2012 New York Consolidated Laws
PBS - Public Service
Article 8* - (140*2 - 149-A*2) SITING OF MAJOR STEAM ELECTRIC GENERATING FACILITIES
141*2 - Certificate of environmental compatibility and public need.

 
    * § 141. Certificate  of  environmental compatibility and public need.
  1.  No persons shall, after July first,  nineteen  hundred  seventy-two,
  commence  the preparation of a site for, or begin the construction of, a
  major steam electric generating facility in  the  state  without  having
  first  obtained  a certificate of environmental compatibility and public
  need issued with respect  to  such  facility  by  the  board.  Any  such
  facility  with  respect  to  which  a  certificate  is  issued shall not
  thereafter be built, maintained or operated except  in  conformity  with
  such  certificate  and  any  terms,  limitations or conditions contained
  therein, provided that nothing herein shall exempt  such  facility  from
  compliance  with  state  law  and  regulations  thereunder  subsequently
  adopted  or  with  municipal  laws  and   regulations   thereunder   not
  inconsistent  with the provisions of such certificate. A certificate for
  a major steam electric generating facility may be issued  only  pursuant
  to this article.
    2.  A  certificate  may be transferred, subject to the approval of the
  board, to a person who agrees to comply with the terms, limitations  and
  conditions contained therein.
    3. A certificate issued hereunder may be amended as herein provided.
    4. This article shall not apply:
    a. To a major steam electric generating facility if, on or before July
  first,  nineteen hundred seventy-two, an application has been made for a
  license, permit, consent or approval from any federal,  state  or  local
  commission,  agency,  board or regulatory body, in which application the
  location of the  major  steam  electric  generating  facility  has  been
  designated by the applicant; or if the facility is under construction at
  such time;
    b.  To  a major steam electric generating facility the construction of
  which has been approved by a municipality or public benefit  corporation
  which has sold bonds or bond anticipation notes on or before July first,
  nineteen  hundred seventy-two the proceeds of or part of the proceeds of
  which are to be used in payment therefor;
    c. To a major steam electric generating facility over which any agency
  or department of the federal government has exclusive  jurisdiction,  or
  has  jurisdiction  concurrent  with  that of the state and has exercised
  such jurisdiction, to the exclusion of regulation of the facility by the
  state;
    d. To normal repairs, replacements, modifications, and improvements of
  a major steam electric generating facility, whenever built, which do not
  constitute a violation of any certificate issued under this article  and
  which  do  not result in an increase in capacity of the facility of more
  than fifty thousand kilowatts; or
    e. To a major steam electric generating facility  (i)  constructed  on
  lands  dedicated  to  industrial uses, (ii) the output of which shall be
  used solely for industrial purposes, on  the  premises,  and  (iii)  the
  generating  of  capacity  of  which does not exceed two hundred thousand
  kilowatts.
    5. Any person intending to construct a major steam electric generating
  facility excluded from this article pursuant  to  subdivision  four  may
  elect to waive such exclusion by delivering notice of such waiver to the
  chairman of the board. This article shall thereafter apply to each major
  steam  electric  generating  facility identified in such notice from the
  date of its receipt by the chairman of the board.
    * NB Expired January 1, 1979
    * NB Operative with regard to applications filed on or before December
           31, 1978
    * NB There are 2 § 141's