NY Pub Serv L § 141-2 (2021)
2021 New York Laws PBS - Public Service Article 8* - Siting of Major Steam Electric Generating Facilities 141*2 - Certificate of Environmental Compatibility and Public Need.

* § 141. Certificate  of  environmental compatibility and public need.   1.  No persons shall, after July first,  nineteen  hundred  seventy-two,   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 of environmental compatibility and public   need 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 July   first,  nineteen hundred seventy-two, an application has been made for a   license, permit, 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 the construction of   which has been approved by a municipality or public benefit  corporation   which has sold bonds or bond anticipation notes on or before July first,   nineteen  hundred seventy-two the proceeds of or part of the proceeds of   which are to be used in payment therefor;c. 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;d. 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; ore. 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  of  capacity  of  which does not exceed two hundred thousand   kilowatts.5. Any person intending to construct a major steam electric generating   facility excluded from this article pursuant  to  subdivision  four  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, 1979* NB Operative with regard to applications filed on or before December31, 1978* NB There are 2 § 141's