§ 172 — Powers of municipalities and state agencies

§ 172. Powers of municipalities and state agencies. 1. Notwithstanding\nany other provision of law, no state agency, municipality or any agency\nthereof may, except as expressly authorized under this article by the\nboard, require any approval, consent, permit, certificate or other\ncondition for the construction or operation of a major electric\ngenerating facility with respect to which an application for a\ncertificate hereunder has been filed, including pursuant to paragraph\n(e) of subdivision three of section one hundred sixty-eight of this\narticle, any such approval, consent, permit, certificate or condition\nrelating to the interconnection to or use of water, electric, sewer,\ntelecommunication, fuel and steam lines in public rights of way,\nprovided that this article shall not impair or abrogate any federal,\nstate or local labor laws or any otherwise applicable state law for the\nprotection of employees engaged in the construction and operation of\nsuch facility; provided, however, that in the case of a municipality or\nan agency thereof, such municipality has received notice of the filing\nof the application therefor; and provided further, however, that the\ndepartment of environmental conservation shall be the permitting agency\nfor permits issued pursuant to federally delegated or approved authority\nunder the federal Clean Water Act, the federal Clean Air Act and the\nfederal Resource Conservation and Recovery Act. In issuing such permits,\nthe commissioner of environmental conservation shall follow procedures\nestablished in this article to the extent that they are consistent with\nfederally delegated or approved environmental permitting authority. The\ncommissioner of environmental conservation shall provide such permits to\nthe board prior to its determination whether or not to issue a\ncertificate. The issuance by the department of environmental\nconservation of such permits shall in no way interfere with the required\nreview by the board of the anticipated environmental and health impacts\nrelating to the construction and operation of the facility as proposed,\nor its authority to deny an application for certification pursuant to\nsection one hundred sixty-eight of this article, and, in the event of\nsuch a denial, any such permits shall be deemed null and void.\n 2. The Adirondack park agency shall not hold public hearings for a\nmajor electric generating facility with respect to which an application\nhereunder is filed, provided that such agency has received notice of the\nfiling of such application.\n