N.Y. Public Service Law 141*2 – Certificate of environmental compatibility and public need
* § 141. Certificate of environmental compatibility and public need. 1. No persons shall, after July first, nineteen hundred seventy-two, commence the preparation of a site for, or begin the construction of, a major steam electric generating facility in the state without having first obtained a certificate of environmental compatibility and public need 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 state law and regulations thereunder subsequently adopted or with municipal laws and regulations thereunder not inconsistent with the provisions of such certificate. A certificate for a major steam electric generating facility may be issued only pursuant to this article.
Terms Used In N.Y. Public Service Law 141*2
- Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of five persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of commerce and one of whom shall be an ad hoc member appointed by the governor, who shall be a resident of the judicial district in which the facility as primarily proposed is to be located. See N.Y. Public Service Law 140*2
- Certificate: means a certificate of environmental compatibility and public need issued by the board pursuant to this article. See N.Y. Public Service Law 140*2
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. Public Service Law 140*2
- Municipality: means a county, city, town or village in the state. See N.Y. Public Service Law 140*2
- Person: means any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate. See N.Y. Public Service Law 140*2
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 hereunder may be amended as herein provided.
4. This article shall not apply:
a. To a major steam electric generating facility if, on or before July first, nineteen hundred seventy-two, an application has been made for a license, permit, consent or approval from any federal, state or local commission, agency, board or regulatory body, in which application the location of the major steam electric generating facility has been designated by the applicant; or if the facility is under construction at such time;
b. To a major steam electric generating facility the construction of which has been approved by a municipality or public benefit corporation which has sold bonds or bond anticipation notes on or before July first, nineteen hundred seventy-two the proceeds of or part of the proceeds of which are to be used in payment therefor;
c. To a major steam electric generating 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;
d. To normal repairs, replacements, modifications, and improvements of a major steam 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 fifty thousand kilowatts; or
e. To a major steam 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 of capacity of which does not exceed two hundred thousand kilowatts.
5. Any person intending to construct a major steam electric generating facility excluded from this article pursuant to subdivision four may elect to waive such exclusion by delivering notice of such waiver to the chairman of the board. This article shall thereafter apply to each major steam electric generating facility identified in such notice from the date of its receipt by the chairman of the board.
* NB Expired January 1, 1979
* NB Operative with regard to applications filed on or before December
31, 1978
* NB There are 2 § 141's