N.Y. ENG Law § 21-106 — New York Code / Act ENG / Article 21 / Section 21-106
Co-generation, small hydro and alternate energy production facilities
Status: in_force

§ 21-106. Co-generation, small hydro and alternate energy production\nfacilities.  1. For the purposes of this article:\n  a. The term "co-generation facility" shall include any facility with\nan electric generating capacity of up to eighty megawatts, together with\nany related facilities located at the same project site, which is fueled\nby coal, gas, wood, alcohol, solid wastes, refuse-derived fuel, water or\noil, to the extent any such oil fueled facility was fueled by oil prior\nto the effective date of this article and there is no increase in the\namount of oil used at the facility or to the extent oil is used as a\nbackup fuel for such facility, and which simultaneously or sequentially\nproduces either electricity or shaft horsepower and useful thermal\nenergy.\n  b. The term "alternate energy production facility" shall include any\nsolar, wind turbine, waste management, resource recovery, refuse-derived\nfuel or wood burning facility, together with any related facilities\nlocated at the same project site, with an electric generating capacity\nof up to eighty megawatts, which produces electricity, gas or useful\nthermal energy.\n  c. The term "small hydro facility" shall include (i) any hydroelectric\nfacility of up to eighty megawatts at an existing dam, together with any\nrelated facilities located at the same project site, or (ii) any\nhydroelectric facility of up to two and one-half megawatts that requires\nthe construction of a new dam, together with any related facilities\nlocated at the same project site; provided however, that such term shall\nnot include any such facility within either the Adirondack Park or the\nCatskill Park.\n  d. The term "related facilities" shall mean any land, work, system,\nbuilding, improvement, instrumentality or thing necessary or convenient\nto the construction, completion or operation of any co-generation,\nalternate energy production or small hydro facility and include also\nsuch transmission or distribution facilities as may be necessary to\nconduct electricity, gas or useful thermal energy to users located at or\nnear a project site.\n  2. Notwithstanding any other provision of law other than the public\nservice law, no state department, board, agency, authority or\ncommission, and no political subdivision, municipality, or any agency\nthereof may require any approval, consent, permit, certificate,\nstatement, report or other condition for the construction or operation\nof: (a) a co-generation or alternate energy production facility, when\nsuch facilities are located in any area of the state other than in a\ncity of one million persons or more or other than within the boundaries\nof the Adirondack Park and Catskill Park other than those provided by\notherwise applicable state laws (i) for the protection of employees\nengaged in the construction and operation of any such facility or (ii)\nfor protection of freshwater or tidal wetlands or other than those\nnecessary to comply with local zoning or building laws or ordinances or\nother than those issued by a state agency pursuant to a delegation of\nauthority pursuant to federal law or other than article eight, article\nnineteen, article twenty-seven or title five of article fifteen of the\nenvironmental conservation law; or (b) a small hydro facility, other\nthan those provided by otherwise applicable state law for the protection\nof fresh water wetlands or of employees engaged in the construction and\noperation of any such facility or other than those necessary to comply\nwith local zoning and building laws or ordinances or other than those\nissued by a state agency pursuant to a delegation of authority pursuant\nto federal law, or other than article eight or title five of article\nfifteen of the environmental conservation law; provided, however, that\nconstruction or operation of a small hydro facility shall not be\nidentified by the commissioner of environmental conservation as an\naction or class of actions that is likely to require preparation of an\nenvironmental impact statement pursuant to such article eight.\n  3. Nothing herein shall be construed to exempt any co-generation,\nsmall hydro or alternate energy production facility from meeting any\napplicable requirement of federal law.\n  4. Any owner or operator of a co-generation, small hydro or alternate\nenergy production facility constructed and placed in operation on or\nafter June twenty-sixth, nineteen hundred eighty shall comply with the\nrules and regulations of the state energy office with respect to matters\naffecting public health and safety provided, however, that such rules or\nregulations shall not apply to any such facilities which produce\nelectricity, gas or useful thermal energy for on-site residential use in\nresidential dwellings of four or fewer units. The state energy office,\nin consultation with the public service commission, shall promulgate\nrules and regulations to implement this section by January first,\nnineteen hundred eighty-one.\n  5. The maximum penalty which may be recovered pursuant to section\n5-119 of this chapter for a continuing violation of any rule or\nregulation promulgated by the office pursuant to subdivision four of\nthis section shall be ten thousand dollars.\n