N.Y. Energy Law § 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.