N.Y. Public Service Law § 141: Applicability related to siting major electric transmission facilities

* § 141. Applicability related to siting major electric transmission

facilities. 1. Except as provided in paragraph (b) of subdivision five

of this section, no person shall commence the preparation of a site for,

or begin the construction of, a major electric transmission facility in

the state without having first obtained a siting permit pursuant to this

article. Any major electric transmission 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 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 electric transmission 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 siting major electric transmission facility permit.

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

transmission 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 electric

transmission 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 any major electric transmission facility 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; provided, however, that nothing herein shall be construed to

expand federal jurisdiction;

(b) to normal repairs, maintenance, replacements, non-material

modifications and improvements of a major electric transmission 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

(c) to a major electric transmission facility for which an application

pursuant to article VII of this chapter and its implementing regulations

is submitted on or before the establishment of the uniform standards and

conditions required pursuant to subdivision one of section one hundred

forty-one of this article.

6. After the effective date of this section, any person intending to

construct a major electric transmission facility excluded from this

section pursuant to paragraph (c) of subdivision five of this section

may elect to become subject to the provisions of this section by filing

an application for a major electric transmission facility siting permit

pursuant to the regulations of ORES governing such applications.

* NB Repealed December 31, 2040