NY Pub Serv L § 162 (2021)
2021 New York Laws PBS - Public Service Article 10 - Siting of Major Electric Generating Facilities 162 - Board Certificate.

§  162.  Board certificate. 1. Following the promulgation of rules and regulations pursuant to paragraphs (f) and (g)  of  subdivision  one  of section  one  hundred sixty-four of this article, and section 19-0312 of the  environmental  conservation  law,  no  person  shall  commence  the preparation of a site for, or begin the construction of a major electric generating  facility  in  the  state,  or  increase  the  capacity of an existing electric generating facility by more than twenty-five  thousand kilowatts  without  having  first  obtained  a  certificate  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 federal, state and local laws and regulations except  as  otherwise  provided  in  this article.  A  certificate for a major electric generating facility, or an increase in the capacity of an existing electric generating facility  by more than twenty-five thousand kilowatts, 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 under this article may be amended pursuant to this section.   4. This article shall not apply: (a) To a  major  electric  generating facility  over  which any agency or department of the federal government has exclusive siting 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;  (b) To normal repairs, replacements, modifications and improvements of a major 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 twenty-five thousand kilowatts;   * (c) To a major 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  capacity  of  which  does  not  exceed  two hundred thousand kilowatts;   * NB Effective until December 31, 2030   * (c) To a major 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 capacity of  which  does  not  exceed  two  hundred  thousand kilowatts; or   * NB Effective December 31, 2030   * (d)  To  a  major  electric generating facility if, on or before the effective date of the rules and regulations promulgated pursuant to this article and section 19-0312 of the environmental  conservation  law,  an application has been made for a license, permit, certificate, consent or approval  from  any federal, state or local commission, agency, board or regulatory body, in which application the location of the major electric generating facility has been designated by  the  applicant;  or  if  the facility is under construction at such time; or   * NB Effective until December 31, 2030   * (d)  To  a  major  electric generating facility if, on or before the effective date of the rules and regulations promulgated pursuant to this article and section 19-0312 of the environmental  conservation  law,  an application has been made for a license, permit, certificate, consent or  approval  from  any federal, state or local commission, agency, board or regulatory body, in which application the location of the major electric generating facility has been designated by  the  applicant;  or  if  the facility is under construction at such time.   * NB Effective December 31, 2030   * (e)  To a major renewable energy facility as such term is defined in section ninety-four-c of the executive law; provided, however, that  any person  intending  to  construct a major renewable energy facility, that has a draft pre-application public involvement program plan pursuant  to section  one  hundred  sixty-three  of  this article and the regulations implementing this article, which is pending with the siting board as  of the  effective  date  of  this  paragraph  may  remain  subject  to  the provisions of this article or, may, by written notice to  the  secretary of  the commission, elect to become subject to the provisions of section ninety-four-c of the executive law.   * NB Repealed December 31, 2030   5. Any person intending  to  construct  a  major  electric  generating facility  excluded  from this article pursuant to paragraph (b), (c), or (d) of subdivision four of this section may elect to become  subject  to the  provisions of this article by delivering notice of such election to the chair of the board. This article  shall  thereafter  apply  to  each electric  generating facility identified in such notice from the date of its receipt by the chair of the board. For the purposes of this article, each such facility shall be treated  in  the  same  manner  as  a  major electric generating facility as defined in this article.