§ 141 — Applicability related to siting major electric transmission facilities

* § 141. Applicability related to siting major electric transmission\nfacilities. 1. Except as provided in paragraph (b) of subdivision five\nof this section, no person shall commence the preparation of a site for,\nor begin the construction of, a major electric transmission facility in\nthe state without having first obtained a siting permit pursuant to this\narticle. Any major electric transmission facility subject to this\narticle with respect to which a siting permit is issued shall not\nthereafter be built, maintained, or operated except in conformity with\nsuch siting permit and any terms, limitations, or conditions contained\ntherein, provided that nothing in this subdivision shall exempt such\nfacility from compliance with federal laws and regulations.\n 2. A major electric transmission facility siting permit issued by ORES\nmay be transferred or assigned, subject to the prior written approval of\nthe office of renewable energy siting and electric transmissions, to a\nperson that agrees to comply with the terms, limitations and conditions\ncontained in such siting major electric transmission facility permit.\n 3. ORES or a permittee may initiate an amendment to a major electric\ntransmission facility siting permit under this section. An amendment\ninitiated by ORES or a permittee that is likely to result in any\nmaterial increase in any adverse environmental impact or involves a\nsubstantial change to the terms or conditions of a major electric\ntransmission facility siting permit shall comply with the public notice\nand hearing requirements of this section.\n 4. Any hearings or dispute resolution proceedings initiated under this\narticle or pursuant to rules or regulations promulgated pursuant to this\nsection may be conducted by the executive director of ORES or any person\nto whom the executive director shall delegate the power and authority to\nconduct such hearings or proceedings in the name of ORES at any time and\nplace.\n 5. This section shall not apply:\n (a) to any major electric transmission facility over which any agency\nor department of the federal government has exclusive jurisdiction, or\nhas jurisdiction concurrent with that of the state and has exercised\nsuch jurisdiction, to the exclusion of regulation of the facility by the\nstate; provided, however, that nothing herein shall be construed to\nexpand federal jurisdiction;\n (b) to normal repairs, maintenance, replacements, non-material\nmodifications and improvements of a major electric transmission facility\nsubject to this article, whenever built, which are performed in the\nordinary course of business and which do not constitute a violation of\nany applicable existing permit; and\n (c) to a major electric transmission facility for which an application\npursuant to article VII of this chapter and its implementing regulations\nis submitted on or before the establishment of the uniform standards and\nconditions required pursuant to subdivision one of section one hundred\nforty-one of this article.\n 6. After the effective date of this section, any person intending to\nconstruct a major electric transmission facility excluded from this\nsection pursuant to paragraph (c) of subdivision five of this section\nmay elect to become subject to the provisions of this section by filing\nan application for a major electric transmission facility siting permit\npursuant to the regulations of ORES governing such applications.\n * NB Repealed December 31, 2040\n