N.Y. Public Service Law § 172: Powers of municipalities and state agencies

§ 172. Powers of municipalities and state agencies. 1. Notwithstanding

any other provision of law, no state agency, municipality or any agency

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

board, require any approval, consent, permit, certificate or other

condition for the construction or operation of a major electric

generating facility with respect to which an application for a

certificate hereunder has been filed, including pursuant to paragraph

(e) of subdivision three of section one hundred sixty-eight of this

article, any such approval, consent, permit, certificate or condition

relating to the interconnection to or use of water, electric, sewer,

telecommunication, fuel and steam lines in public rights of way,

provided that this article 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

such facility; provided, however, that in the case of a municipality or

an agency thereof, such municipality has received notice of the filing

of the application therefor; and provided further, however, that the

department of environmental conservation shall be the permitting agency

for permits issued pursuant to federally delegated or approved authority

under the federal Clean Water Act, the federal Clean Air Act and the

federal Resource Conservation and Recovery Act. In issuing such permits,

the commissioner of environmental conservation shall follow procedures

established in this article to the extent that they are consistent with

federally delegated or approved environmental permitting authority. The

commissioner of environmental conservation shall provide such permits to

the board prior to its determination whether or not to issue a

certificate. The issuance by the department of environmental

conservation of such permits shall in no way interfere with the required

review by the board of the anticipated environmental and health impacts

relating to the construction and operation of the facility as proposed,

or its authority to deny an application for certification pursuant to

section one hundred sixty-eight of this article, and, in the event of

such a denial, any such permits shall be deemed null and void.

2. The Adirondack park agency shall not hold public hearings for a

major electric generating facility with respect to which an application

hereunder is filed, provided that such agency has received notice of the

filing of such application.