2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 141 - Applicability Related to Siting Major Electric Transmission Facilities.

* §  141.  Applicability related to siting major electric transmission
facilities. 1. Except as provided in paragraph (b) of  subdivision  five
of this section, no person shall commence the preparation of a site for,
or  begin the construction of, a major electric transmission facility in
the state without having first obtained a siting permit pursuant to this
article. Any  major  electric  transmission  facility  subject  to  this
article  with  respect  to  which  a  siting  permit is issued shall not
thereafter be built, maintained, or operated except in  conformity  with
such  siting  permit and any terms, limitations, or conditions contained
therein, provided that nothing in this  subdivision  shall  exempt  such
facility from compliance with federal laws and regulations.
2. A major electric transmission facility siting permit issued by ORES
may be transferred or assigned, subject to the prior written approval of
the  office  of renewable energy siting and electric transmissions, to a
person that agrees to comply with the terms, limitations and  conditions
contained in such siting major electric transmission facility permit.
3.  ORES  or a permittee may initiate an amendment to a major electric
transmission facility siting permit under  this  section.  An  amendment
initiated  by  ORES  or  a  permittee  that  is  likely to result in any
material increase in any adverse  environmental  impact  or  involves  a
substantial  change  to  the  terms  or  conditions  of a major electric
transmission facility siting permit shall comply with the public  notice
and hearing requirements of this section.
4. Any hearings or dispute resolution proceedings initiated under this
article or pursuant to rules or regulations promulgated pursuant to this
section may be conducted by the executive director of ORES or any person
to whom the executive director shall delegate the power and authority to
conduct such hearings or proceedings in the name of ORES at any time and
place.
5. This section shall not apply:
(a)  to any major electric transmission 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; provided, however, that nothing  herein  shall  be  construed  to
expand federal jurisdiction;
(b)   to   normal  repairs,  maintenance,  replacements,  non-material
modifications and improvements of a major electric transmission facility
subject to this article, whenever built,  which  are  performed  in  the
ordinary  course  of business and which do not constitute a violation of
any applicable existing permit; and
(c) to a major electric transmission facility for which an application
pursuant to article VII of this chapter and its implementing regulations
is submitted on or before the establishment of the uniform standards and
conditions required pursuant to subdivision one of section  one  hundred
forty-one of this article.
6.  After  the effective date of this section, any person intending to
construct a major electric  transmission  facility  excluded  from  this
section  pursuant  to  paragraph (c) of subdivision five of this section
may elect to become subject to the provisions of this section by  filing
an  application for a major electric transmission facility siting permit
pursuant to the regulations of ORES governing such applications.
* NB Repealed December 31, 2040