N.Y. Public Service Law § 141

* § 141. Board certificate. 1. On or after January first, nineteen\nhundred seventy-nine, no person shall commence the preparation of a site\nfor, or begin the construction of a major steam electric generating\nfacility in the state without having first obtained a certificate issued\nwith respect to such facility by the board. Any such facility with\nrespect to which a certificate is issued shall not thereafter be built,\nmaintained or operated except in conformity with such certificate and\nany terms, limitations or conditions contained therein, provided that\nnothing herein shall exempt such facility from compliance with state law\nand regulations thereunder subsequently adopted or with municipal laws\nand regulations thereunder not inconsistent with the provisions of such\ncertificate. A certificate for a major steam electric generating\nfacility may be issued only pursuant to this 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 hereunder may be amended as herein provided.\n 4. This article shall not apply:\n (a) To a major steam electric generating facility if, on or before\nDecember thirty-first, nineteen hundred seventy-eight, an application\nhas been made for a license, permit, certificate, consent or approval\nfrom any federal, state or local commission, agency, board or regulatory\nbody, in which application the location of the major steam electric\ngenerating facility has been designated by the applicant; or if the\nfacility is under construction at such time;\n (b) To a major steam electric generating facility over which any\nagency or department of the federal government has exclusive\njurisdiction, or has jurisdiction concurrent with that of the state and\nhas exercised such jurisdiction, to the exclusion of regulation of the\nfacility by the state;\n (c) To normal repairs, replacements, modifications, and improvements\nof a major steam electric generating facility, whenever built, which do\nnot constitute a violation of any certificate issued under this article\nand which do not result in an increase in capacity of the facility of\nmore than fifty thousand kilowatts; or\n (d) To a major steam electric generating facility (i) constructed on\nlands dedicated to industrial uses, (ii) the output of which shall be\nused solely for industrial purposes, on the premises, and (iii) the\ngenerating capacity of which does not exceed two hundred thousand\nkilowatts.\n (e) To a major steam electric generating facility which is constructed\nby the Multi-Town Solid Waste Management Authority, having an electric\ngenerating capacity not exceeding one hundred megawatts, or a facility\n(i) which generates over fifty percent of its electricity from the\ncombustion of solid waste or from fuel derived from solid waste and (ii)\nwhich has an electric generating capacity which does not exceed eighty\nmegawatts.\n 5. Any person intending to construct a major steam electric generating\nfacility excluded from this article pursuant to subdivision four of this\nsection may elect to waive such exclusion by delivering notice of such\nwaiver to the chairman of the board. This article shall thereafter apply\nto each major steam electric generating facility identified in such\nnotice from the date of its receipt by the chairman of the board.\n * NB Expired January 1, 1989\n * NB Operative with regard to applications filed on or before December\n 31, 1988\n * NB There are 2 § 141's\n