N.Y. Public Service Law § 140
Applicability related to siting major renewable energy facilities
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2025
As of January 1, 2015
* § 140. Definitions. Where used in this article, the following terms,\nunless the context otherwise requires, shall have the following\nmeanings:\n 1. "Municipality" means a county, city, town or village in the state.\n 2. "Major steam electric generating facility" means a steam electric\ngenerating facility with a generating capacity of fifty thousand\nkilowatts or more.\n 3. "Person" means any individual, corporation, public benefit\ncorporation, political subdivision, governmental agency, municipality,\npartnership, co-operative association, trust or estate.\n 4. "Board" means the New York state board on electric generation\nsiting and the environment, which shall be in the department of public\nservice and consist of seven persons, one of whom shall be the chairman\nof the public service commission, who shall serve as chairman of the\nboard, one of whom shall be the commissioner of environmental\nconservation, one of whom shall be the commissioner of health, one of\nwhom shall be the commissioner of the state energy office, one of whom\nshall be the commissioner of commerce and two of whom shall be public\nmembers appointed by the governor, one of whom shall be an ad hoc member\nwho shall be a resident of the judicial district in which the facility\nas primarily proposed is to be located and one of whom shall be an ad\nhoc member who shall be a resident of the county in which the facility\nas primarily proposed is to be located. The term of the ad hoc members\nshall continue until a final determination has been made in the\nparticular proceeding for which they were appointed.\n Upon receipt of an application under this article, the chairman shall\npromptly notify the governor. Four of the seven persons on the board\nshall constitute a quorum for the transaction of any business of the\nboard, and the decision of four members of the board shall constitute\naction of the board. The board, exclusive of the ad hoc members, shall\nhave the power to adopt rules and regulations relating to the procedures\nto be used in certifying facilities under the provisions of this\narticle.\n In addition to the requirements of the public officers law, no person\nshall be eligible to be an appointee of the governor to the board who\nholds another state or local office. No member of the board may retain\nor hold any official relation to, or any securities of an electric\nutility corporation operating in the state, nor shall either of the\nappointees have been a director, officer or employee thereof. The\nappointees of the governor shall receive the sum of two hundred dollars\nfor each day in which they are actually engaged in the performance of\ntheir duties herein plus actual and necessary expenses incurred by them\nin the performance of such duties. The chairman shall provide such\npersonnel, hearing examiners, subordinates and employees and such legal,\ntechnological, scientific, engineering and other services and such\nmeeting rooms, hearing rooms and other facilities as may be required in\nproceedings under this article. The board may provide for its own\nrepresentation and appearance in all actions and proceedings involving\nany question under this article. The department of environmental\nconservation shall provide associate hearing examiners. Each member of\nthe board other than the appointees of the governor may designate an\nalternate to serve instead of the member with respect to all proceedings\npursuant to this article. Such designation shall be in writing and filed\nwith the chairman.\n 5. "Department" means the state department of public service.\n 6. "Certificate" means a certificate of environmental compatibility\nand public need authorizing the construction of a major steam electric\ngenerating facility issued by the board pursuant to this article.\n * NB Expired January 1, 1989\n * NB Operative with regard to applications filed on or before December\n31, 1988\n * NB There are 2 § 140's\n
* § 140. Applicability related to siting major renewable energy\nfacilities. 1. No person shall commence the preparation of a site for,\nor begin the construction of, a major renewable energy facility in the\nstate, or increase the capacity of an existing major renewable energy\nfacility, without having first obtained a major renewable energy\nfacility siting permit pursuant to this article. Any major renewable\nenergy facility subject to this article with respect to which a siting\npermit is issued shall not thereafter be built, maintained, or operated\nexcept in conformity with such major renewable energy facility siting\npermit and any terms, limitations, or conditions contained therein,\nprovided that nothing in this subdivision shall exempt such facility\nfrom compliance with federal laws and regulations.\n 2. A major renewable energy facility siting permit issued by ORES may\nbe transferred or assigned, subject to the prior written approval of the\noffice of renewable energy siting and electric transmissions, to a\nperson that agrees to comply with the terms, limitations and conditions\ncontained in such major renewable energy facility siting permit.\n 3. ORES or a permittee may initiate an amendment to a major renewable\nenergy facility siting permit under this section. An amendment initiated\nby ORES or a permittee that is likely to result in any material increase\nin any adverse environmental impact or involves a substantial change to\nthe terms or conditions of a major renewable energy facility siting\npermit shall comply with the public notice and hearing requirements of\nthis 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 normal repairs, maintenance, replacements, non-material\nmodifications and improvements of a major renewable energy 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 (b) to a major renewable energy facility if, on or before the\neffective date of this article, an application has been made or granted\nfor a license, permit, certificate, consent or approval from any\nfederal, state or local commission, agency, board or regulatory body.\n * NB Repealed December 31, 2040\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.