N.Y. Public Service Law § 144: Powers of municipalities and state agencies and authorities

* § 144. Powers of municipalities and state agencies and authorities.

1. Applicants shall, prior to filing an application, conduct meetings

with the respective chief executive officer of all municipalities in

which the proposed major renewable generation facility or major electric

transmission facility will be located. The applicant shall provide as

part of the application presentation materials and a summary of

questions raised, and responses provided during such meetings with

municipalities. In the event the applicant is unable to secure a meeting

with a relevant municipality the application shall contain a detailed

explanation of all of the applicant's best efforts and reasonable

attempts to secure such meeting, including, but not limited to, written

communications between the applicant and the municipality.

2. Notwithstanding any other provision of law, including without

limitation article eight of the environmental conservation law and

article VII of this chapter, no other state agency, department or

authority, or any municipality or political subdivision or any agency

thereof may, except as expressly authorized under this article or the

rules and regulations promulgated under this article, require any

approval, consent, permit, certificate, contract, agreement, or other

condition for the development, design, construction, operation, or

decommissioning of a major renewable energy facility or a major electric

transmission facility with respect to which an application for a siting

permit has been filed, provided in the case of a municipality, political

subdivision or an agency thereof, such entity has received notice of the

filing of the application therefor. Notwithstanding the foregoing, the

department of environmental conservation shall be the permitting agency

for permits issued pursuant to federally delegated or federally approved

programs.

3. This section shall not impair or abrogate any federal, state or

local labor laws or any otherwise applicable state law for the

protection of employees engaged in the construction and operation of a

major renewable energy facility or major electric transmission facility.

4. ORES and the department shall monitor, enforce and administer

compliance with any terms and conditions set forth in a siting permit

issued pursuant to this article and in doing so may use and rely on

authority otherwise available under this chapter.

* NB Repealed December 31, 2040