N.Y. Public Service Law § 140: Applicability related to siting major renewable energy facilities

* § 140. Applicability related to siting major renewable energy

facilities. 1. No person shall commence the preparation of a site for,

or begin the construction of, a major renewable energy facility in the

state, or increase the capacity of an existing major renewable energy

facility, without having first obtained a major renewable energy

facility siting permit pursuant to this article. Any major renewable

energy 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 major renewable energy facility 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 renewable energy 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 major renewable energy facility siting permit.

3. ORES or a permittee may initiate an amendment to a major renewable

energy 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 renewable energy 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 normal repairs, maintenance, replacements, non-material

modifications and improvements of a major renewable energy 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

(b) to a major renewable energy facility if, on or before the

effective date of this article, an application has been made or granted

for a license, permit, certificate, consent or approval from any

federal, state or local commission, agency, board or regulatory body.

* NB Repealed December 31, 2040