§ 121 — Certificate of environmental compatibility and public need

New York § 121

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 7: Siting of Major Utility Transmission Facilities

Text

§ 121. Certificate of environmental compatibility and public need. 1.\nNo person shall, after July first, nineteen hundred seventy, commence\nthe preparation of the site for the construction of a major utility\ntransmission facility in the state without having first obtained a\ncertificate of environmental compatibility and public need (hereafter in\nthis article called a "certificate") issued with respect to such\nfacility by the commission. The replacement of existing with like\nfacilities, as determined by the commission, shall not constitute the\nconstruction of a major utility transmission facility. Any facility with\nrespect to which a certificate is required shall thereafter be built,\nmaintained and operated in conformity with such certificate and any\nterms, limitations or conditions contained therein. A certificate may\nonly be issued pursuant to this article.\n 2. A certificate may be transferred, subject to the approval of the\ncommission, to a person who agrees to comply with the terms, limitations\nand conditions contained therein.\n 3. A certificate issued hereunder may be amended as herein provided.\n 4. This article shall not apply to any major utility transmission\nfacility:\n a. For which, on or before July first, nineteen hundred seventy an\napplication has been made for a license, permit, consent or approval\nfrom any federal, state or local commission, agency, board or regulatory\nbody, in which application the location of the major utility\ntransmission facility has been designated by the applicant;\n b. The construction of which has been approved by a municipality or\npublic benefit corporation which has sold bonds or bond anticipation\nnotes on or before July first, nineteen hundred seventy, the proceeds or\npart of the proceeds of which are to be used in payment therefor; or\n c. Over which any agency or department of the federal government has\nexclusive jurisdiction, or has jurisdiction concurrent with that of the\nstate and has exercised such jurisdiction, to the exclusion of\nregulation of the facility by the state.\n 5. Any person intending to construct a major utility transmission\nfacility excluded from this article pursuant to subdivision four may\nelect to waive such exclusion by delivering notice of such waiver to the\ncommission. This article shall thereafter apply to each major utility\ntransmission facility identified in such notice from the date of its\nreceipt by the commission.\n