N.Y. Public Service Law § 162: Board certificate

§ 162. Board certificate. 1. Following the promulgation of rules and

regulations pursuant to paragraphs (f) and (g) of subdivision one of

section one hundred sixty-four of this article, and section 19-0312 of

the environmental conservation law, no person shall commence the

preparation of a site for, or begin the construction of a major electric

generating facility in the state, or increase the capacity of an

existing electric generating facility by more than twenty-five thousand

kilowatts without having first obtained a certificate issued with

respect to such facility by the board. Any such facility with respect to

which a certificate is issued shall not thereafter be built, maintained

or operated except in conformity with such certificate and any terms,

limitations or conditions contained therein, provided that nothing

herein shall exempt such facility from compliance with federal, state

and local laws and regulations except as otherwise provided in this

article. A certificate for a major electric generating facility, or an

increase in the capacity of an existing electric generating facility by

more than twenty-five thousand kilowatts, may be issued only pursuant to

this article.

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

board, to a person who agrees to comply with the terms, limitations and

conditions contained therein.

3. A certificate issued under this article may be amended pursuant to

this section.

4. This article shall not apply: (a) To a major electric generating

facility over which any agency or department of the federal government

has exclusive siting 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;

(b) To normal repairs, replacements, modifications and improvements of

a major electric generating facility, whenever built, which do not

constitute a violation of any certificate issued under this article and

which do not result in an increase in capacity of the facility of more

than twenty-five thousand kilowatts;

* (c) To a major electric generating facility (i) constructed on lands

dedicated to industrial uses, (ii) the output of which shall be used

solely for industrial purposes, on the premises, and (iii) the

generating capacity of which does not exceed two hundred thousand

kilowatts;

* NB Effective until December 31, 2030

* (c) To a major electric generating facility (i) constructed on lands

dedicated to industrial uses, (ii) the output of which shall be used

solely for industrial purposes, on the premises, and (iii) the

generating capacity of which does not exceed two hundred thousand

kilowatts; or

* NB Effective December 31, 2030

* (d) To a major electric generating facility if, on or before the

effective date of the rules and regulations promulgated pursuant to this

article and section 19-0312 of the environmental conservation law, an

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

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

regulatory body, in which application the location of the major electric

generating facility has been designated by the applicant; or if the

facility is under construction at such time; or

* NB Effective until December 31, 2030

* (d) To a major electric generating facility if, on or before the

effective date of the rules and regulations promulgated pursuant to this

article and section 19-0312 of the environmental conservation law, an

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

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

regulatory body, in which application the location of the major electric

generating facility has been designated by the applicant; or if the

facility is under construction at such time.

* NB Effective December 31, 2030

* (e) To a major renewable energy facility as such term is defined in

article VIII of this chapter; provided, however, that any person

intending to construct a major renewable energy facility, that has a

draft pre-application public involvement program plan pursuant to

section one hundred sixty-three of this article and the regulations

implementing this article, which is pending with the siting board as of

the effective date of this paragraph may remain subject to the

provisions of this article or, may, by written notice to the secretary

of the commission, elect to become subject to the provisions of article

VIII of this chapter.

* NB Effective until December 31, 2040

* (e) To a major renewable energy facility as such term is defined in

section ninety-four-c of the executive law; provided, however, that any

person intending to construct a major renewable energy facility, that

has a draft pre-application public involvement program plan pursuant to

section one hundred sixty-three of this article and the regulations

implementing this article, which is pending with the siting board as of

the effective date of this paragraph may remain subject to the

provisions of this article or, may, by written notice to the secretary

of the commission, elect to become subject to the provisions of section

ninety-four-c of the executive law.

* NB Repealed December 31, 2030

5. Any person intending to construct a major electric generating

facility excluded from this article pursuant to paragraph (b), (c), or

(d) of subdivision four of this section may elect to become subject to

the provisions of this article by delivering notice of such election to

the chair of the board. This article shall thereafter apply to each

electric generating facility identified in such notice from the date of

its receipt by the chair of the board. For the purposes of this article,

each such facility shall be treated in the same manner as a major

electric generating facility as defined in this article.