N.Y. Public Service Law § 121: Certificate of environmental compatibility and public need

§ 121. Certificate of environmental compatibility and public need. 1.

No person shall, after July first, nineteen hundred seventy, commence

the preparation of the site for the construction of a major utility

transmission facility in the state without having first obtained a

certificate of environmental compatibility and public need (hereafter in

this article called a "certificate") issued with respect to such

facility by the commission. The replacement of existing with like

facilities, as determined by the commission, shall not constitute the

construction of a major utility transmission facility. Any facility with

respect to which a certificate is required shall thereafter be built,

maintained and operated in conformity with such certificate and any

terms, limitations or conditions contained therein. A certificate may

only be issued pursuant to this article.

2. A certificate may be transferred, subject to the approval of the

commission, to a person who agrees to comply with the terms, limitations

and conditions contained therein.

3. A certificate issued hereunder may be amended as herein provided.

4. This article shall not apply to any major utility transmission

facility:

a. For which, on or before July first, nineteen hundred seventy an

application has been made for a license, permit, consent or approval

from any federal, state or local commission, agency, board or regulatory

body, in which application the location of the major utility

transmission facility has been designated by the applicant;

b. The construction of which has been approved by a municipality or

public benefit corporation which has sold bonds or bond anticipation

notes on or before July first, nineteen hundred seventy, the proceeds or

part of the proceeds of which are to be used in payment therefor; or

c. 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.

5. Any person intending to construct a major utility transmission

facility excluded from this article pursuant to subdivision four may

elect to waive such exclusion by delivering notice of such waiver to the

commission. This article shall thereafter apply to each major utility

transmission facility identified in such notice from the date of its

receipt by the commission.