N.Y. Environmental Conservation Law § 17-0823: Power plant siting

§ 17-0823. Power plant siting.

In the case of a major steam electric generating facility, as defined

in section one hundred forty of the public service law, for the

construction or operation of which a certificate is required under the

former article eight of the public service law, or a major electric

generating facility as defined in section one hundred sixty of the

public service law, for the construction or operation of which a

certificate is required under article ten of the public service law,

such certificate shall be deemed a permit under this section if issued

by the state board on electric generation siting and the environment

pursuant to federally delegated or approved environmental permit

authority. Nothing herein shall limit the authority of the department of

health and the department to monitor the environmental and health

impacts resulting from the operation of such major steam electric

generating facility or major electric generating facility and to enforce

applicable provisions of the public health law and this article and the

terms and conditions of the certificate governing the environmental and

health impacts resulting from such operation. In such case all powers,

duties, obligations and privileges conferred upon the department by this

article shall devolve upon the New York state board on electric

generation siting and the environment. In considering the granting of

permits, such board shall apply the provisions of this article and the

Act.