NY Pub Serv L § 141 (2021)
2021 New York Laws PBS - Public Service Article 8 - Siting of Major Steam Electric Generating Facilities 141 - Board Certificate.

* § 141. Board  certificate.  1.  On  or after January first, nineteen hundred seventy-nine, no person shall 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 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 December  thirty-first,  nineteen  hundred seventy-eight, 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 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 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;  (c)  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  (d)  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 capacity of  which  does  not  exceed  two  hundred  thousand kilowatts.  (e) To a major steam electric generating facility which is constructed by  the  Multi-Town Solid Waste Management Authority, having an electric generating capacity not exceeding one hundred megawatts, or  a  facility (i)  which  generates  over  fifty  percent  of its electricity from the combustion of solid waste or from fuel derived from solid waste and (ii) which has an electric generating capacity which does not  exceed  eighty megawatts.   5. Any person intending to construct a major steam electric generating facility excluded from this article pursuant to subdivision four of this section  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, 1989   * NB Operative with regard to applications filed on or before December          31, 1988   * NB There are 2 § 141's