§ 162 — Board certificate

§ 162. Board certificate. 1. Following the promulgation of rules and\nregulations pursuant to paragraphs (f) and (g) of subdivision one of\nsection one hundred sixty-four of this article, and section 19-0312 of\nthe environmental conservation law, no person shall commence the\npreparation of a site for, or begin the construction of a major electric\ngenerating facility in the state, or increase the capacity of an\nexisting electric generating facility by more than twenty-five thousand\nkilowatts without having first obtained a certificate issued with\nrespect to such facility by the board. Any such facility with respect to\nwhich a certificate is issued shall not thereafter be built, maintained\nor operated except in conformity with such certificate and any terms,\nlimitations or conditions contained therein, provided that nothing\nherein shall exempt such facility from compliance with federal, state\nand local laws and regulations except as otherwise provided in this\narticle. A certificate for a major electric generating facility, or an\nincrease in the capacity of an existing electric generating facility by\nmore than twenty-five thousand kilowatts, may be issued only pursuant to\nthis article.\n 2. A certificate may be transferred, subject to the approval of the\nboard, to a person who agrees to comply with the terms, limitations and\nconditions contained therein.\n 3. A certificate issued under this article may be amended pursuant to\nthis section.\n 4. This article shall not apply: (a) To a major electric generating\nfacility over which any agency or department of the federal government\nhas exclusive siting jurisdiction, or has jurisdiction concurrent with\nthat of the state and has exercised such jurisdiction to the exclusion\nof regulation of the facility by the state;\n (b) To normal repairs, replacements, modifications and improvements of\na major electric generating facility, whenever built, which do not\nconstitute a violation of any certificate issued under this article and\nwhich do not result in an increase in capacity of the facility of more\nthan twenty-five thousand kilowatts;\n * (c) To a major electric generating facility (i) constructed on lands\ndedicated to industrial uses, (ii) the output of which shall be used\nsolely for industrial purposes, on the premises, and (iii) the\ngenerating capacity of which does not exceed two hundred thousand\nkilowatts;\n * NB Effective until December 31, 2030\n * (c) To a major electric generating facility (i) constructed on lands\ndedicated to industrial uses, (ii) the output of which shall be used\nsolely for industrial purposes, on the premises, and (iii) the\ngenerating capacity of which does not exceed two hundred thousand\nkilowatts; or\n * NB Effective December 31, 2030\n * (d) To a major electric generating facility if, on or before the\neffective date of the rules and regulations promulgated pursuant to this\narticle and section 19-0312 of the environmental conservation law, an\napplication has been made for a license, permit, certificate, consent or\napproval from any federal, state or local commission, agency, board or\nregulatory body, in which application the location of the major electric\ngenerating facility has been designated by the applicant; or if the\nfacility is under construction at such time; or\n * NB Effective until December 31, 2030\n * (d) To a major electric generating facility if, on or before the\neffective date of the rules and regulations promulgated pursuant to this\narticle and section 19-0312 of the environmental conservation law, an\napplication has been made for a license, permit, certificate, consent or\napproval from any federal, state or local commission, agency, board or\nregulatory body, in which application the location of the major electric\ngenerating facility has been designated by the applicant; or if the\nfacility is under construction at such time.\n * NB Effective December 31, 2030\n * (e) To a major renewable energy facility as such term is defined in\narticle VIII of this chapter; provided, however, that any person\nintending to construct a major renewable energy facility, that has a\ndraft pre-application public involvement program plan pursuant to\nsection one hundred sixty-three of this article and the regulations\nimplementing this article, which is pending with the siting board as of\nthe effective date of this paragraph may remain subject to the\nprovisions of this article or, may, by written notice to the secretary\nof the commission, elect to become subject to the provisions of article\nVIII of this chapter.\n * NB Effective until December 31, 2040\n * (e) To a major renewable energy facility as such term is defined in\nsection ninety-four-c of the executive law; provided, however, that any\nperson intending to construct a major renewable energy facility, that\nhas a draft pre-application public involvement program plan pursuant to\nsection one hundred sixty-three of this article and the regulations\nimplementing this article, which is pending with the siting board as of\nthe effective date of this paragraph may remain subject to the\nprovisions of this article or, may, by written notice to the secretary\nof the commission, elect to become subject to the provisions of section\nninety-four-c of the executive law.\n * NB Repealed December 31, 2030\n 5. Any person intending to construct a major electric generating\nfacility excluded from this article pursuant to paragraph (b), (c), or\n(d) of subdivision four of this section may elect to become subject to\nthe provisions of this article by delivering notice of such election to\nthe chair of the board. This article shall thereafter apply to each\nelectric generating facility identified in such notice from the date of\nits receipt by the chair of the board. For the purposes of this article,\neach such facility shall be treated in the same manner as a major\nelectric generating facility as defined in this article.\n