NY Energy L § 21-106 (2021)
2021 New York Laws ENG - Energy Article 21 - Energy Supply and Production 21-106 - Co-Generation, Small Hydro and Alternate Energy Production Facilities.

§  21-106.  Co-generation, small hydro and alternate energy production   facilities.  1. For the purposes of this article:a. The term "co-generation facility" shall include any  facility  with   an electric generating capacity of up to eighty megawatts, together with   any related facilities located at the same project site, which is fueled   by coal, gas, wood, alcohol, solid wastes, refuse-derived fuel, water or   oil,  to the extent any such oil fueled facility was fueled by oil prior   to the effective date of this article and there is no  increase  in  the   amount  of  oil  used  at the facility or to the extent oil is used as a   backup fuel for such facility, and which simultaneously or  sequentially   produces  either  electricity  or  shaft  horsepower  and useful thermal   energy.b. The term "alternate energy production facility" shall  include  any   solar, wind turbine, waste management, resource recovery, refuse-derived   fuel  or  wood  burning  facility,  together with any related facilities   located at the same project site, with an electric  generating  capacity   of  up  to  eighty  megawatts, which produces electricity, gas or useful   thermal energy.c. The term "small hydro facility" shall include (i) any hydroelectric   facility of up to eighty megawatts at an existing dam, together with any   related facilities located  at  the  same  project  site,  or  (ii)  any   hydroelectric facility of up to two and one-half megawatts that requires   the  construction  of  a  new  dam, together with any related facilities   located at the same project site; provided however, that such term shall   not include any such facility within either the Adirondack Park  or  the   Catskill Park.d.  The  term  "related facilities" shall mean any land, work, system,   building, improvement, instrumentality or thing necessary or  convenient   to  the  construction,  completion  or  operation  of any co-generation,   alternate energy production or small hydro  facility  and  include  also   such  transmission  or  distribution  facilities  as may be necessary to   conduct electricity, gas or useful thermal energy to users located at or   near a project site.2. Notwithstanding any other provision of law other  than  the  public   service   law,   no   state  department,  board,  agency,  authority  or   commission, and no political subdivision, municipality,  or  any  agency   thereof   may   require  any  approval,  consent,  permit,  certificate,   statement, report or other condition for the construction  or  operation   of:  (a)  a  co-generation or alternate energy production facility, when   such facilities are located in any area of the state  other  than  in  a   city  of one million persons or more or other than within the boundaries   of the Adirondack Park and Catskill Park other than  those  provided  by   otherwise  applicable  state  laws  (i)  for the protection of employees   engaged in the construction and operation of any such facility  or  (ii)   for  protection  of  freshwater  or  tidal  wetlands or other than those   necessary to comply with local zoning or building laws or ordinances  or   other  than  those  issued by a state agency pursuant to a delegation of   authority pursuant to federal law or other than article  eight,  article   nineteen,  article  twenty-seven or title five of article fifteen of the   environmental conservation law; or (b) a  small  hydro  facility,  other   than those provided by otherwise applicable state law for the protection   of  fresh water wetlands or of employees engaged in the construction and   operation of any such facility or other than those necessary  to  comply   with  local  zoning  and building laws or ordinances or other than those   issued by a state agency pursuant to a delegation of authority  pursuant   to  federal  law,  or  other than article eight or title five of article   fifteen of the environmental conservation law; provided,  however,  that   construction  or  operation  of  a  small  hydro  facility  shall not be    identified by the  commissioner  of  environmental  conservation  as  an   action  or  class of actions that is likely to require preparation of an   environmental impact statement pursuant to such article eight.3.  Nothing  herein  shall  be  construed to exempt any co-generation,   small hydro or alternate energy production  facility  from  meeting  any   applicable requirement of federal law.4.  Any owner or operator of a co-generation, small hydro or alternate   energy production facility constructed and placed  in  operation  on  or   after  June  twenty-sixth, nineteen hundred eighty shall comply with the   rules and regulations of the state energy office with respect to matters   affecting public health and safety provided, however, that such rules or   regulations shall  not  apply  to  any  such  facilities  which  produce   electricity, gas or useful thermal energy for on-site residential use in   residential  dwellings  of four or fewer units. The state energy office,   in consultation with the public  service  commission,  shall  promulgate   rules  and  regulations  to  implement  this  section  by January first,   nineteen hundred eighty-one.5. The maximum penalty which may  be  recovered  pursuant  to  section   5-119  of  this  chapter  for  a  continuing  violation  of  any rule or   regulation promulgated by the office pursuant  to  subdivision  four  of   this section shall be ten thousand dollars.