2023 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
article VIII  of  this  chapter;  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 article
VIII of this chapter.
* NB Effective until December 31, 2040
* (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.