Following this description is a link to the Web site of the New York State Public Service Commission's Consumer Guide to the Certification Review Process for Major Electric Generating Facilities under Article X of the New York State Public Service Law for Applications Filed after December 1, 1999. Article X of the Public Service Law sets forth a unified and expedited review process in New York State for consideration of any application to construct and operate an electric generating facility with a capacity of 80 megawatts or more. Any applicant is required to meet Article X requirements in order to obtain a Certificate of Environmental Compatibility and Public Need before constructing such a facility.
Article X supersedes local air permitting.
The only regulatory authority DEP retains for such projects will be issuance of Industrial Discharge Permits, since the Department implements federal law through that program. These are written agreements among the applicant, various State agencies, and other stakeholders establishing the scope of environmental impact studies and other information that must be provided in the project application to satisfy the minimum requirements of Article X of the Public Service Law and implementing regulations. Ultimately, the Chairman of the Siting Board will determine whether an application is in compliance with Article X within 60 days after its filing. A presiding examiner from the Department of Public Service and an associate examiner from the Department of Environmental Conservation will be appointed to jointly conduct hearings to receive public comment and to review evidence. Dates will be set for public hearings after all portions of the application are judged to be in compliance.