N.Y. ENG Law § 18-111 — New York Code / Act ENG / Article 18 / Section 18-111
Action of the board
Status: in_force

§ 18-111. Action of the board.  1. After being convened, the board\nshall commission such studies as it deems necessary, and shall hold a\nseries of public hearings and meetings.  Notice of such studies,\nhearings and meetings shall be published in the state register and in at\nleast one newspaper of general circulation in the county in which such\nfacility is proposed to be located. Such public hearings shall afford\ninterested parties a reasonable opportunity to sponsor witnesses and to\nquestion witnesses sponsored by the applicant and others. Such meetings\nshall include at least one meeting held at a location within the county\nin which the facility is proposed to be located and at a time convenient\nto afford the applicant a reasonable opportunity to present an\nexplanation of the application and to afford local residents and others\na reasonable opportunity to question the applicant and present their\nviews concerning the same. The public hearings and meetings established\nhereunder shall not be considered part of an adjudicatory proceeding, as\ndefined in subdivision three of section one hundred two of the state\nadministrative procedure act, or as part of a rule making proceeding\nheld under subdivision one of section two hundred two of such act.\n  2. The board shall render a decision upon the record either granting\nthe certificate, denying it, or granting it upon such terms, conditions,\nlimitations or modifications as the board may deem appropriate. With its\ndecision, the board shall issue an opinion stating in full its reasons\nfor its decision, and an order embodying in full the terms and\nconditions of such decision. No order granting a certificate shall be\nissued unless the board further finds and determines:\n  (a) the public need for the facility and the basis thereof;\n  (b) the nature of the probable environmental impact, including a\nspecification of the predictable adverse effect on the normal\nenvironment, public health and safety, aesthetics, scenic, historic and\nrecreational value, forest and parks, air and water quality, fish and\nother marine life and wildlife;\n  (c) that the facility (i) represents the minimum adverse environmental\nimpact, considering the state of available technology, the nature and\neconomics of the various alternatives, the interests of the state with\nrespect to aesthetics, preservation of historic sites, forest and parks,\nfish and wildlife, viable agricultural lands, and other pertinent\nconsiderations, (ii) is compatible with public health and safety and\n(iii) will not discharge any effluent that will be in contravention of\nthe standards adopted by the department of environmental conservation,\nor in case no classification has been made of the receiving waters\nassociated with the facility, will not discharge any effluent that will\nbe unduly injurious to the propagation and protection of fish and\nwildlife, the industrial development of the state, and public health and\npublic enjoyment of the receiving waters;\n  (d) that the facility is designed to operate in compliance with\napplicable laws and regulations concerning, among other matters, the\nenvironment, public health and safety, all of which shall be binding\nupon the applicant, except that the board may refuse to apply any local\nordinance, law, resolution or other action or any regulation issued\nthereunder or any local standards or requirement which would be\notherwise applicable if it finds that as applied to the proposed\nfacility such is unreasonably restrictive in view of the existing\ntechnology or the needs of or costs to residents of the state whether\nlocated inside or outside of such municipality. The board shall provide\nthe municipality an opportunity to present evidence in support of such\nordinance, law, resolution, regulation, or other local action issued\nthereunder;\n  (e) that the facility will be constructed, maintained and operated in\nsuch a way as to adequately safeguard the health and safety of the\nstate's residents and the quality of its environment, and that the\nproposed plans for decontamination and decommissioning of the facility\nand for removal of the nuclear waste proposed to be stored therein\nprovide reasonable assurance that the health and safety of the state's\nresidents and the quality of its environment will be adequately\nprotected;\n  (f) that neither the state nor any of its agencies, public benefit\ncorporations, municipalities or political subdivisions will bear any\nfinancial liability in connection with the construction, maintenance,\noperation, decontamination or decommissioning of the facility, beyond\nthat stated and disclosed in the application; and\n  (g) that the facility will be in the public interest.\n  3. The board shall hold a final meeting open to the public and shall\nissue a final decision within eighteen months of the date of its first\nmeeting on the application.\n  4. The board shall cause to be kept a stenographic record of each\nhearing and meeting had pursuant to this article which, together with\nthe written report of the results of any study introduced therein, shall\nconstitute the record of the case.\n