senate Bill S191

2011-2012 Legislative Session

Establishes a process for the siting of electric generating facilities and repowering projects

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to energy and telecommunications
returned to senate
died in assembly
May 09, 2011 referred to energy
delivered to assembly
passed senate
May 04, 2011 advanced to third reading
May 03, 2011 2nd report cal.
May 02, 2011 1st report cal.406
Mar 01, 2011 reported and committed to finance
Jan 05, 2011 referred to energy and telecommunications

Votes

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May 2, 2011 - Finance committee Vote

S191
19
12
committee
19
Aye
12
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Mar 1, 2011 - Energy and Telecommunications committee Vote

S191
8
1
committee
8
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Energy and Telecommunications Committee Vote: Mar 1, 2011

nay (1)
aye wr (3)

Co-Sponsors

S191 - Bill Details

See Assembly Version of this Bill:
A7122A
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Add Art 10 §§160 - 172, Pub Serv L; amd §§8-0111, 17-0823, 19-0305 & 49-0307, En Con L; amd §§1014 & 1020-s, Pub Auth L; add §99-t, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S8063, A2082, A2082A

S191 - Bill Texts

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Establishes a process for the siting of electric generating facilities; establishes the intervenor account.

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BILL NUMBER:S191

TITLE OF BILL:
An act
to amend the public service law, in relation to
siting
electric generating facilities; to amend the environmental conservation
law, in relation to making certain conforming changes relating to the
siting of electric generating facilities; to amend the public
authorities law, in relation to making provisions of law relating to the
siting of electric generating facilities applicable to the power
authority
of the state of New York and the Long Island power authority; and to
amend
the state finance law, in relation to establishing the intervenor
account

PURPOSE:
This bill would re-authorize Article 10 of the Public Service Law
(PSL), relating to the siting of electric generating facilities, make
various procedural changes designed to improve the review process for
the siting of major electric generating facilities and for the
repowering of existing power plants before the New York State Board
on Electric Generation Siting and the Environment (Siting Board), and
establish an account for the deposit and disbursement of funds to
intervening parties in proceedings before the Siting Board.

SUMMARY OF PROVISIONS:
Section one of the bill would reestablish, with amendments, PSL
Article 10, to provide a comprehensive process relating to the siting
of major and repowered electric generating facilities. All new
proposals to construct power plants in excess of 80 megawatts (MW) in
net output to the electric system would be governed by this process.
Unlike review under the State Environmental Quality Review Act, no
"negative declarations" of potential adverse environmental impacts
would be allowed.

Funding would be provided to stakeholder groups to participate in the
process. Under the revised Article 10, applications for repowering
projects would be subject to a mandatory 45-day public comment period
and a public statement hearing In addition, if a dispute arises over
issues of fact, an evidentiary hearing could be held. Each of these
Public participation steps would ensure a public review of potential
environmental impacts of these facilities.

The bill would: (1) make the Office of Parks, Recreation and Historic
Preservation and the Department of State parties to Article 10
proceedings; (2) require applicants to prepare a security plan to be
reviewed by the Siting Board, in consultation with the State Office
of Homeland Security; and (3) require consideration of health impacts
and
environmental justice impacts as part of the Article 10 review.

The bill would also make technical changes to clarify the operation of
Article 10. More specifically, section one of the bill contains the
following provisions:


* PSL § 160 would establish the definitions of terms used in Article
10. The term "major electric generating facility" would be defined as
a facility that is operated with a total net generating output of 80
MW or
more. This section also would establish the makeup and membership of
the New York State Board on Electric Generation Siting and the
Environment.

* PSL § 161 would establish general provisions relating to the Siting
Board, including eligibility for membership and compensation of
Siting Board members.

* PSL § 162 would govern the circumstances in which Board certificates
are required and exemptions from that requirement. Such exemptions
would include:,(1) electric generating facilities for which an
application for a license, permit or other approval was sought before
at least 180 days after the effective date of the new Article 10; (2)
electric generating facilities over which the Federal Government has
exclusive jurisdiction; (3) replacements, repairs and modifications
to existing electric generating facilities, which do not result in an
increase in capacity to the facility of more than 50 MW; and (4)
electric generating facilities constructed on industrial lands and
not exceeding 200 M.

* PSL § 163 would describe procedures for pre-application for
certificates and establish a new pre-application fee of $50,000 for
use by intervenors. The bill also would require, for proposed
facilities located in a coastal area, a preliminary analysis of the
proposed facility in relation to the applicable coastal zone polices
set forth in Executive Law Article 42, and the bill would require a
description of environmental justice impacts of the proposed facility.

* PSL § 163-a would establish separate, expedited procedures for the
review of repowering projects that would modify or partially or
entirely replace an existing electric generating facility and that
would result in substantial decreases in emissions to air and water
and increases to electric generation efficiency. It would establish
an application fee of $1,000 for a repowering project that results in
an increased net generating output of 60 MW or more.

* PSL § 164 would establish procedures far applications for a
certificate for a major electric generating facility. It would set
forth the information to be included in such application, provide for
public notice and input, and would require an application fee of
$1,000 for every MW of net generating capacity the proposed facility
would produce.

* PSL § 165 would set forth the timetable for public hearings, once the
Siting Board deems an application complete, and procedures for such
hearings.

* PSL § 166 would establish the agencies that are parties to the
proceedings, including the Department of Environmental Conservation,
the Department of Economic Development, the Department of Health, the
Department of Agriculture and Markets, the New York State Energy
Research and Development Authority, the Department of State, the
Office of Parks, Recreation and Historic Preservation, the City of


New York (where the facility is proposed to be located therein) and
the Adirondack Park Agency (where the facility is proposed to be
located therein). Section 166 would also specify that interested
individuals, municipalities and not-for-profit organizations may
become parties and participate in the proceeding.

* PSL § 167 would set forth the procedures for the conduct of the
hearings before examiners appointed by the Siting Board and the
Department of Environmental Conservation.

* PSL § 168 would describe the decision-making process to be followed
by the Siting Board, in reviewing and deciding an application, and
would delineate the issues for consideration in reaching such
decision. The Siting Board would have to find, inter alia, that the
proposed facility is designed to operate in compliance with local
laws and regulations, unless the Board finds that the local
requirement is unreasonably restrictive in view of the existing
technology or the needs of or costs to rate payers whether located
inside or outside of the affected municipality.

* PSL § 169 would require the Siting Board to issue a written opinion
setting forth the reasons for its determination on an Article 10
application.

* PSL § 170 would establish procedures for rehearing and judicial
review of determinations by the Siting Board.

* PSL § 171 would establish the jurisdiction of the courts and the
process for judicial review of a determination by the Siting Board
granting or denying a certificate.

* PSL § 172 would prohibit any municipality or state agency from
requiring any additional permits or approvals of a proposed facility
beyond those expressly provided for under this legislation.

Sections two through five of the bill would reenact, with minor
amendments, conforming provisions of the Environmental Conservation
Law (ECL) to clarify that actions taken by the Siting Board under PSL
Article 10 are not subject to the requirements of the State
Environmental Quality Review Act (ECL Article 8).

Sections six and seven would amend Public Authorities Law §§ 1014 and
1020-s, relating to inapplicability of the Public Service Law, to
provide that PSL Article 10 applies to the siting of major electric
generating facilities and repowering projects by the New York Power
Authority and the Long Island Power Authority.

Section eight of the bill would amend the State Finance Law to enact
State Finance Law §99-t establishing the intervenor account in the
joint custody of the State Comptroller and the Commissioner of
Taxation and Finance. The account would consist of all revenues
received from pre-application and application fees.

Section nine of the bill would establish the severability of the
provisions of the legislation.


Section ten would establish an immediate effective date for the
legislation with no expiration.

EXISTING LAW:

PSL Article 10, State Finance Law §97-tt and conforming provisions of
the ECL expired on January 1, 2003, with the exception of
applications filed on or before December 31, 2002. Public Authorities
Law provisions, subjecting the New York Power Authority and the Long
Island Power Authority to Article 10, also have expired. In the
absence of these provisions, the siting of major electric generating
facilities and the repowering of existing facilities is subject to
environmental review pursuant to State Environmental Quality Review
Act (SEQRA (ECL Article 8).

JUSTIFICATION:

PSL Article 10 was designed to implement an expedited, fuel diverse,
and technology neutral review process for the siting of major
electric generating facilities and the review of repowering projects,
while recognizing the importance of and providing for citizen
involvement in the siting process. The bill would retain this
emphasis on communication between the applicant and parties affected
by the construction and operation of the facility.

The bill would extend the application of Article 10's intervenor
funding and public involvement procedures to major facilities and
repowering Projects. Toward this end, the bill would continue the use
of application fees as sources of funds for intervenors and would
establish a new pre-application fee for use by intervenors at an
earlier stage of the Article 10 process. These fees would help defray
expenses by municipalities and other parties to the proceeding for
expert witnesses and consultants. This intervenor funding provision
would provide municipalities, and other parties potentially affected
by the construction and operation of the facility, with resources to
evaluate the highly technical information submitted in connection
with an Article 10 application and would enable the parties to
participate meaningfully in proceedings before the Siting Board. The
bill also would integrate environmental justice policy into the
procedures and determinations relating to the siting of electric
generating facilities, in a manner consistent with the Department of
Environmental Conservation Commissioner's Policy 29, Environmental
Justice and Permitting (issued March 19, 2003).

The New York Independent System Operator (NYISO) has released its
report, Power Trends 2010: New Yorks Emerging Energy Crossroads,
which is its annual analysis of the New York bulk power systems
achievements and challenges. The NYISO notes that, currently, the
bulk power grid is operating reliably and should continue to have
sufficient resources to maintain such reliability through 2018. Given
that it takes about five years for new baseload power plants to
actually come on line, including time for permitting, construction
and interconnection, reenactment of Article 10 is needed. The
reestablishment of the Article 10 statute's familiar and successful
siting process would establish the means of maintaining reliable
supply of electricity to the State, consistent with protecting the
environment.


Interestingly, New York State power producers already are reducing the
impact facility operations have on the environment. Since the
expiration of Article 10 in 2003, the DEC has adopted its Clean Air
Interstate Rule to reduce significantly emissions of sulfur dioxide
(S02) and nitrogen oxides (NOx). In addition, to reduce NOx emissions
even further, the Department of Environmental Conservation has
adopted its Best Available Retrofit Technology (BART) Determinations
Rule and approved its Reasonably Available Control Technology for the
Control of Nitrogen Oxides (NOx RACT) Rule. The Department also has
promulgated its Clean Air Mercury Rule and Regional Greenhouse
Initiative (ROGI). The Department has policies on fine particulate
matter (PM 2.5), environmental justice, and GHG Emissions and the
State Environmental Quality Review Act, and the agency has proposed
for public review a policy on Climate Change and DEC Action.
Additionally, the New York State Public Service Commission and the
New York State Energy Research and Development Authority (NYSERDA)
are implementing the Renewable Portfolio Standard to increase the use
of renewable energy sources and the Energy Efficiency Portfolio
Standard to reduce electricity consumption. Also,
NYSERDA adopted a spending plan for the use of RGGI allowances
auction proceeds to reduce greenhouse gas emissions across all
economic sectors and fuel types. Furthermore, Governor Paterson's
Executive Order
24 establishes an ambitious goal to reduce
greenhouse gas emissions in New York State by 80 percent below the
levels emitted in 1990 by the year 2050. The order creates a Climate
Action Council, with a directive to prepare a draft Climate Action
Plan by November 1, 2010. Compliance with the governor's climate
change directive and other state requirements will lead to the siting
and construction of additional electric generating facilities and the
repowering of existing power plants. The Article 10 process will
facilitate these power project activities.

Construction of new power plants, in addition to enhancing the overall
reliability of the State's electric system, also may have a net
positive effect on the environment, and new state-of-the-art power
plants also are efficient. Broad support exists among environmental
and industry groups that repowering projects should be encouraged.
Toward this end, the bill creates a process for repowering existing
electric generating facilities.

LEGISLATIVE HISTORY:
S.8063 of 2009-2010; Reported and Committed to Finance

FISCAL IMPLICATIONS:

The costs of the Department of Public Service are recovered from its
regulated utilities pursuant to PSI .18-a. The State authorizes, in
its annual budget, amounts for expenses incurred by state agencies
participating in the Article 10 siting process. Funds from the
intervenor account also are subject to annual appropriation.

EFFECTIVE DATE: Immediate, provisions of.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   191

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to amend the public service law, in relation to siting electric
  generating facilities; to amend the environmental conservation law, in
  relation to making certain conforming changes relating to  the  siting
  of  electric  generating  facilities;  to amend the public authorities
  law, in relation to making provisions of law relating to the siting of
  electric generating facilities applicable to the  power  authority  of
  the  state  of  New  York  and the Long Island power authority; and to
  amend the state finance law, in relation to establishing the  interve-
  nor account

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public service law is amended by adding a  new  article
10 to read as follows:
                               ARTICLE 10
                SITING OF ELECTRIC GENERATING FACILITIES
SECTION 160.  DEFINITIONS.
        161.  GENERAL PROVISIONS RELATING TO THE BOARD.
        162.  BOARD CERTIFICATE.
        163.  PRE-APPLICATION PROCEDURES.
        163-A.  REPOWERING PROJECTS.
        164.  APPLICATION FOR A CERTIFICATE.
        165.  HEARING SCHEDULE.
        166.  PARTIES TO A CERTIFICATION PROCEEDING.
        167.  CONDUCT OF HEARING.
        168.  BOARD DECISIONS.
        169.  OPINION TO BE ISSUED WITH DECISION.
        170.  REHEARING AND JUDICIAL REVIEW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00706-01-1

S. 191                              2

        171.  JURISDICTION OF COURTS.
        172.  POWERS OF MUNICIPALITIES AND STATE AGENCIES.
  S  160.  DEFINITIONS. WHERE USED IN THIS ARTICLE, THE FOLLOWING TERMS,
UNLESS THE CONTEXT OTHERWISE REQUIRES, SHALL HAVE  THE  FOLLOWING  MEAN-
INGS:
  1.  "MUNICIPALITY"  MEANS  A  COUNTY, CITY, TOWN OR VILLAGE LOCATED IN
THIS STATE.
  2. "MAJOR ELECTRIC GENERATING FACILITY" MEANS AN  ELECTRIC  GENERATING
FACILITY  THAT IS OPERATED AT A TOTAL NET GENERATING OUTPUT TO THE ELEC-
TRIC SYSTEM OF EIGHTY THOUSAND KILOWATTS OR  MORE,  INCLUDING  INTERCON-
NECTION  WATER,  SEWER,  TELECOMMUNICATION,  FUEL  AND  STEAM LINES, AND
INTERCONNECTION ELECTRIC TRANSMISSION LINES AND  FUEL  GAS  TRANSMISSION
LINES  THAT  ARE NOT SUBJECT TO REVIEW UNDER ARTICLE SEVEN OF THIS CHAP-
TER.
  3. "PERSON"  MEANS  ANY  INDIVIDUAL,  CORPORATION,  LIMITED  LIABILITY
COMPANY, PUBLIC BENEFIT CORPORATION, POLITICAL SUBDIVISION, GOVERNMENTAL
AGENCY,  MUNICIPALITY,  PARTNERSHIP,  COOPERATIVE  ASSOCIATION, TRUST OR
ESTATE.
  4. "BOARD" MEANS THE NEW  YORK  STATE  BOARD  ON  ELECTRIC  GENERATION
SITING AND THE ENVIRONMENT, WHICH SHALL BE IN THE DEPARTMENT AND CONSIST
OF SEVEN PERSONS:  THE CHAIRPERSON OF THE COMMISSION, WHO SHALL SERVE AS
CHAIRPERSON  OF  THE  BOARD; THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
TION; THE COMMISSIONER OF HEALTH; THE CHAIRPERSON OF THE NEW YORK  STATE
ENERGY  RESEARCH AND DEVELOPMENT AUTHORITY; THE COMMISSIONER OF ECONOMIC
DEVELOPMENT; AND TWO AD HOC PUBLIC MEMBERS APPOINTED  BY  THE  GOVERNOR.
ONE AD HOC PUBLIC MEMBER SHALL BE A RESIDENT OF THE JUDICIAL DISTRICT IN
WHICH  THE  FACILITY  AS PROPOSED IS TO BE LOCATED AND ONE AD HOC PUBLIC
MEMBER SHALL BE A RESIDENT OF  THE  COUNTY  IN  WHICH  THE  FACILITY  AS
PROPOSED IS TO BE LOCATED. IN SELECTING THE AD HOC MEMBERS, THE GOVERNOR
MAY  CONSIDER  RECOMMENDATIONS  FROM  COMMUNITY-BASED  ORGANIZATIONS AND
RESIDENTS FROM THE COUNTY, MUNICIPALITY AND/OR COMMUNITY  IN  WHICH  THE
FACILITY IS PROPOSED TO BE LOCATED. THE TERM OF THE AD HOC MEMBERS SHALL
CONTINUE  UNTIL A FINAL DETERMINATION IS MADE IN THE PARTICULAR PROCEED-
ING FOR WHICH THEY WERE APPOINTED, INCLUDING ANY REHEARING AND ANY JUDI-
CIAL REVIEW OF SUCH DECISION.
  5. "REPOWERING PROJECT" MEANS A  MAJOR  ELECTRIC  GENERATING  FACILITY
THAT  PROPOSES  TO  MODIFY  OR ENTIRELY OR PARTIALLY REPLACE AN EXISTING
ELECTRIC GENERATING FACILITY, IN  A  MANNER  BEYOND  THE  SCOPE  OF  THE
PROVISIONS  OF  PARAGRAPH (C) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED
SIXTY-TWO OF THIS ARTICLE, IN SUBSTANTIALLY THE  SAME  LOCATION  AS  THE
EXISTING  FACILITY  OR  TO SITE A NEW MAJOR ELECTRIC GENERATING FACILITY
ADJACENT OR CONTIGUOUS TO SUCH EXISTING FACILITY,  WHERE  SUCH  PROPOSED
MODIFIED FACILITY OR EXISTING AND NEW FACILITY IN COMBINATION:
  (A)  RESULTS  IN  A  DECREASE  IN THE RATE OF EMISSIONS OF EACH OF THE
FOLLOWING ON A POUNDS PER MEGAWATT-HOUR BASIS: (I) OXIDES  OF  NITROGEN,
(II)  OXIDES  OF SULFUR, AND (III) PARTICULATE MATTER.  THE REDUCTION IN
THE RATE OF SUCH EMISSIONS SHALL BE CALCULATED BASED UPON  A  COMPARISON
OF  THE  POTENTIAL TO EMIT OF THE EXISTING FACILITY (EXPRESSED IN POUNDS
PER MEGAWATT-HOUR) AT THE TIME THE APPLICATION  UNDER  THIS  ARTICLE  IS
FILED WITH THE CHAIRPERSON AND THE FUTURE POTENTIAL TO EMIT OF THE MODI-
FIED  FACILITY  OR  OF  THE COMBINATION OF THE EXISTING AND NEW FACILITY
(EXPRESSED IN  POUNDS  PER  MEGAWATT-HOUR)  AND  BASED  UPON  REASONABLY
EXPECTED OPERATING CONDITIONS PROPOSED OR IDENTIFIED IN THE APPLICATION;
AND
  (B)  REPLACES  EXISTING  GENERATING  CAPACITY WITH GENERATING CAPACITY
THAT HAS A LOWER HEAT RATE.

S. 191                              3

  6. "CERTIFICATE" MEANS A CERTIFICATE  OF  ENVIRONMENTAL  COMPATIBILITY
AND  PUBLIC  NEED AUTHORIZING THE CONSTRUCTION OF AN ELECTRIC GENERATING
FACILITY ISSUED BY THE BOARD PURSUANT TO THIS ARTICLE.
  S  161.  GENERAL  PROVISIONS RELATING TO THE BOARD. UPON RECEIPT OF AN
APPLICATION UNDER THIS ARTICLE, THE CHAIRPERSON  SHALL  PROMPTLY  NOTIFY
THE  GOVERNOR.  WITHIN  THIRTY  DAYS  OF SUCH NOTIFICATION, THE GOVERNOR
SHALL APPOINT THE AD HOC MEMBERS. FOUR OF THE SEVEN PERSONS ON THE BOARD
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF  ANY  BUSINESS  OF  THE
BOARD,  AND  THE  DECISION OF FOUR MEMBERS OF THE BOARD SHALL CONSTITUTE
ACTION OF THE BOARD. THE BOARD, EXCLUSIVE OF THE AD HOC  MEMBERS,  SHALL
HAVE THE POWER TO ADOPT RULES AND REGULATIONS RELATING TO THE PROCEDURES
TO  BE  USED IN CERTIFYING FACILITIES UNDER THE PROVISIONS OF THIS ARTI-
CLE, INCLUDING THE SUSPENSION OR REVOCATION  THEREOF.  THE  CHAIRPERSON,
AFTER  CONSULTATION WITH THE OTHER MEMBERS OF THE BOARD EXCLUSIVE OF THE
AD HOC MEMBERS, SHALL HAVE EXCLUSIVE JURISDICTION TO  ISSUE  DECLARATORY
RULINGS  REGARDING  THE  APPLICABILITY  OF, OR ANY OTHER QUESTION UNDER,
THIS ARTICLE AND RULES AND REGULATIONS ADOPTED HEREUNDER  AND  TO  GRANT
REQUESTS  FOR  EXTENSIONS  OR AMENDMENTS TO CERTIFICATE TERMS AND CONDI-
TIONS, PROVIDED THAT NO PARTY TO THE PROCEEDING OPPOSES SUCH REQUEST FOR
EXTENSIONS OR AMENDMENTS WITHIN  THIRTY  DAYS  OF  THE  FILING  OF  SUCH
REQUEST. REGULATIONS ADOPTED BY THE BOARD MAY PROVIDE FOR RENEWAL APPLI-
CATIONS  FOR POLLUTANT CONTROL PERMITS TO BE SUBMITTED TO AND ACTED UPON
BY THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  FOLLOWING  COMMERCIAL
OPERATION OF A CERTIFIED FACILITY.
  IN  ADDITION TO THE REQUIREMENTS OF THE PUBLIC OFFICERS LAW, NO PERSON
SHALL BE ELIGIBLE TO BE AN APPOINTEE OF THE GOVERNOR TO  THE  BOARD  WHO
HOLDS  ANOTHER  STATE OR LOCAL OFFICE. NO MEMBER OF THE BOARD MAY RETAIN
OR HOLD ANY OFFICIAL RELATION TO, OR ANY SECURITIES OF AN ELECTRIC UTIL-
ITY CORPORATION OPERATING IN THE STATE OR PROPOSED FOR OPERATION IN  THE
STATE,  ANY  AFFILIATE  THEREOF OR ANY OTHER COMPANY, FIRM, PARTNERSHIP,
CORPORATION, ASSOCIATION OR  JOINT-STOCK  ASSOCIATION  THAT  MAY  APPEAR
BEFORE  THE BOARD, NOR SHALL EITHER OF THE APPOINTEES HAVE BEEN A DIREC-
TOR, OFFICER OR, WITHIN THE PREVIOUS TEN YEARS, AN EMPLOYEE THEREOF. THE
AD HOC APPOINTEES OF THE GOVERNOR SHALL RECEIVE THE SUM OF  TWO  HUNDRED
DOLLARS  FOR EACH DAY IN WHICH THEY ARE ACTUALLY ENGAGED IN THE PERFORM-
ANCE OF THEIR DUTIES PURSUANT TO THIS ARTICLE PLUS ACTUAL AND  NECESSARY
EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF SUCH DUTIES.  THE CHAIR-
PERSON SHALL PROVIDE SUCH PERSONNEL, HEARING EXAMINERS, SUBORDINATES AND
EMPLOYEES  AND  SUCH  LEGAL,  TECHNOLOGICAL, SCIENTIFIC, ENGINEERING AND
OTHER SERVICES AND SUCH MEETING ROOMS, HEARING ROOMS AND  OTHER  FACILI-
TIES AS MAY BE REQUIRED IN PROCEEDINGS UNDER THIS ARTICLE. THE BOARD MAY
PROVIDE  FOR  ITS  OWN  REPRESENTATION AND APPEARANCE IN ALL ACTIONS AND
PROCEEDINGS INVOLVING ANY QUESTION UNDER THIS ARTICLE. THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION SHALL PROVIDE  ASSOCIATE  HEARING  EXAMINERS.
EACH  MEMBER OF THE BOARD OTHER THAN THE AD HOC APPOINTEES OF THE GOVER-
NOR MAY DESIGNATE AN ALTERNATE TO  SERVE  INSTEAD  OF  THE  MEMBER  WITH
RESPECT  TO  ALL  PROCEEDINGS PURSUANT TO THIS ARTICLE. SUCH DESIGNATION
SHALL BE IN WRITING AND FILED WITH THE CHAIRPERSON.
  S 162. BOARD CERTIFICATE. 1. NO PERSON SHALL COMMENCE THE  PREPARATION
OF A SITE FOR, OR BEGIN THE CONSTRUCTION OF, A MAJOR ELECTRIC GENERATING
FACILITY  OR  REPOWERING  PROJECT  IN  THE  STATE  WITHOUT  HAVING FIRST
OBTAINED A CERTIFICATE ISSUED WITH  RESPECT  TO  SUCH  FACILITY  BY  THE
BOARD.  ANY  SUCH FACILITY WITH RESPECT TO WHICH A CERTIFICATE IS ISSUED
SHALL NOT THEREAFTER BE BUILT, MAINTAINED OR OPERATED EXCEPT IN CONFORM-
ITY WITH SUCH CERTIFICATE  AND  ANY  TERMS,  LIMITATIONS  OR  CONDITIONS
CONTAINED  THEREIN;  PROVIDED  THAT NOTHING IN THIS ARTICLE SHALL EXEMPT

S. 191                              4

SUCH FACILITY FROM COMPLIANCE WITH STATE LAW AND REGULATIONS THEREUNDER,
SUBSEQUENTLY ADOPTED OR WITH MUNICIPAL LAWS AND REGULATIONS  THEREUNDER,
NOT  INCONSISTENT WITH THE PROVISIONS OF SUCH CERTIFICATE. A CERTIFICATE
FOR  A  MAJOR  ELECTRIC GENERATING FACILITY OR REPOWERING PROJECT MAY BE
ISSUED ONLY PURSUANT TO THIS ARTICLE.
  2. A CERTIFICATE MAY BE TRANSFERRED, SUBJECT TO THE  APPROVAL  OF  THE
BOARD,  TO A PERSON WHO AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND
CONDITIONS CONTAINED THEREIN.
  3. A CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE  MAY  BE  AMENDED  AS
PROVIDED IN THIS ARTICLE.
  4. THIS ARTICLE SHALL NOT APPLY:
  (A)  TO  AN  ELECTRIC  GENERATING  FACILITY  IF,  ON OR BEFORE THE ONE
HUNDRED EIGHTIETH DAY AFTER THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  AN
APPLICATION HAS BEEN MADE FOR A LICENSE, PERMIT, CERTIFICATE, CONSENT OR
APPROVAL  FROM  ANY FEDERAL, STATE OR LOCAL COMMISSION, AGENCY, BOARD OR
REGULATORY BODY, IN WHICH APPLICATION THE LOCATION OF AN ELECTRIC GENER-
ATING FACILITY HAS BEEN DESIGNATED BY THE APPLICANT; OR IF THE  FACILITY
IS UNDER CONSTRUCTION AT SUCH TIME;
  (B)  TO  AN  ELECTRIC  GENERATING  FACILITY  OVER  WHICH ANY AGENCY OR
DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE JURISDICTION, OR  HAS
JURISDICTION  CONCURRENT  WITH  THAT OF THE STATE AND HAS EXERCISED SUCH
JURISDICTION, TO THE EXCLUSION OF REGULATION  OF  THE  FACILITY  BY  THE
STATE;
  (C)  TO  REPAIRS,  REPLACEMENTS,  MODIFICATIONS AND IMPROVEMENTS OF AN
ELECTRIC GENERATING FACILITY, WHENEVER BUILT, WHICH DO NOT CONSTITUTE  A
VIOLATION  OF ANY CERTIFICATE ISSUED UNDER THIS ARTICLE AND WHICH DO NOT
RESULT IN AN INCREASE IN CAPACITY OF THE FACILITY  OF  MORE  THAN  FIFTY
THOUSAND KILOWATTS; OR
  (D)  TO AN ELECTRIC GENERATING FACILITY (I) CONSTRUCTED ON LANDS DEDI-
CATED TO INDUSTRIAL USES, (II) THE OUTPUT OF WHICH SHALL BE USED  SOLELY
FOR  INDUSTRIAL  PURPOSES,  ON  THE  PREMISES,  AND (III) THE GENERATING
CAPACITY OF WHICH DOES NOT EXCEED TWO HUNDRED THOUSAND KILOWATTS.
  5. ANY PERSON INTENDING TO CONSTRUCT AN ELECTRIC  GENERATING  FACILITY
EXCLUDED  FROM THIS ARTICLE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION
MAY ELECT TO BECOME SUBJECT TO THE PROVISIONS OF THIS ARTICLE BY  DELIV-
ERING  NOTICE  OF  SUCH  ELECTION  TO THE CHAIRPERSON OF THE BOARD. THIS
ARTICLE SHALL THEREAFTER APPLY  TO  EACH  ELECTRIC  GENERATING  FACILITY
IDENTIFIED  IN  SUCH  NOTICE  FROM THE DATE OF ITS RECEIPT BY THE CHAIR-
PERSON OF THE BOARD.  FOR THE PURPOSES OF THIS ARTICLE, EACH SUCH FACIL-
ITY SHALL BE TREATED IN THE SAME MANNER AS A MAJOR  ELECTRIC  GENERATING
FACILITY  OR  REPOWERING  PROJECT  AS APPROPRIATE AND AS DEFINED IN THIS
ARTICLE.
  S 163. PRE-APPLICATION PROCEDURES. 1. ANY PERSON PROPOSING  TO  SUBMIT
AN  APPLICATION FOR A CERTIFICATE SHALL FILE WITH THE CHAIRPERSON OF THE
BOARD A PRELIMINARY SCOPING STATEMENT CONTAINING A BRIEF DISCUSSION,  ON
THE BASIS OF AVAILABLE INFORMATION, OF THE FOLLOWING ITEMS:
  (A)  DESCRIPTION  OF  THE  PROPOSED  FACILITY  AND  ITS  ENVIRONMENTAL
SETTING;
  (B) POTENTIAL ENVIRONMENTAL IMPACTS FROM THE CONSTRUCTION AND/OR OPER-
ATION OF THE PROPOSED FACILITY;
  (C) A PRELIMINARY DESCRIPTION OF PREDICTABLE, SIGNIFICANT AND ADVERSE-
LY DISPROPORTIONATE ENVIRONMENTAL IMPACTS, IF ANY, FROM THE CONSTRUCTION
AND/OR OPERATION OF THE PROPOSED FACILITY IN ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  THE
ANALYSIS OF ENVIRONMENTAL JUSTICE ISSUES;

S. 191                              5

  (D)  ANY  PROPOSED  STUDY  OR  PROGRAM OF STUDIES DESIGNED TO EVALUATE
POTENTIAL  ENVIRONMENTAL  IMPACTS,  INCLUDING  THE  PREDICTABLE   HEALTH
IMPACTS THEREOF;
  (E) ANY MEASURES PROPOSED TO MITIGATE ENVIRONMENTAL IMPACTS, INCLUDING
THE PREDICTABLE HEALTH IMPACTS THEREOF;
  (F)  REASONABLE  ALTERNATIVES  TO  THE  PROPOSED  FACILITY  AS  MAY BE
REQUIRED BY PARAGRAPH (B) OF SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED
SIXTY-FOUR OF THIS ARTICLE;
  (G)  IF  THE FACILITY IS PROPOSED TO BE LOCATED IN THE COASTAL AREA, A
PRELIMINARY ANALYSIS OF THE CONSISTENCY OF THE  PROPOSED  FACILITY  WITH
THE  APPLICABLE  COASTAL  POLICIES OF ARTICLE FORTY-TWO OF THE EXECUTIVE
LAW, OR WHEN THE ACTION IS IN AN APPROVED LOCAL  WATERFRONT  REVITALIZA-
TION  PROGRAM  AREA,  WITH  THE  LOCAL PROGRAM. IF THE PROPOSED FACILITY
COULD AFFECT ANY LAND OR WATER USE OR NATURAL RESOURCE  OF  THE  COASTAL
AREA  AND  FEDERAL AUTHORIZATION IS NECESSARY, A PRELIMINARY ANALYSIS OF
THE CONSISTENCY OF THE PROPOSED FACILITY WITH THE  ENFORCEABLE  POLICIES
OF  THE  NEW YORK STATE COASTAL MANAGEMENT PROGRAM OR WHEN THE ACTION IS
IN AN APPROVED LOCAL WATERFRONT REVITALIZATION PROGRAM  AREA,  WITH  THE
LOCAL PROGRAM; AND
  (H)  ANY  OTHER INFORMATION THAT MAY BE RELEVANT OR THAT THE BOARD MAY
REQUIRE.
  2. EACH PRELIMINARY SCOPING STATEMENT SHALL BE ACCOMPANIED BY A FEE OF
FIFTY THOUSAND DOLLARS TO BE DEPOSITED IN THE INTERVENOR ACCOUNT, ESTAB-
LISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE  LAW,  AND
SHALL  BE DISBURSED AT THE BOARD'S DIRECTION TO DEFRAY EXPENSES INCURRED
BY MUNICIPAL AND OTHER LOCAL, INTERESTED PERSONS (EXCEPT A  MUNICIPALITY
WHICH  IS  THE APPLICANT) FOR CONSULTANTS' FEES TO EVALUATE THE PRELIMI-
NARY SCOPING STATEMENT AND ANALYZE THE  METHODOLOGY  AND  SCOPE  OF  ANY
STUDY OR PROGRAM OF STUDIES TO BE UNDERTAKEN BY THE APPLICANT IN SUPPORT
OF  ITS  APPLICATION. SUCH FUNDS SHALL BE MADE AVAILABLE ON AN EQUITABLE
BASIS IN A MANNER WHICH FACILITATES BROAD PUBLIC  PARTICIPATION  IN  THE
PRE-APPLICATION  PROCESS.  ANY  UNUSED FUNDS SHALL BE MADE AVAILABLE AND
DISBURSED IN ACCORDANCE WITH  THE  PROVISIONS  OF  SUBDIVISION  FIVE  OF
SECTION  ONE  HUNDRED  SIXTY-FOUR  OF  THIS ARTICLE IF AN APPLICATION IS
FILED OR, IF THE PRELIMINARY SCOPING STATEMENT IS WITHDRAWN, SUCH  FUNDS
SHALL  BE  RETURNED  TO  THE APPLICANT WITHIN FORTY-FIVE DAYS AFTER SUCH
WITHDRAWAL.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE BOARD MAY PROVIDE BY RULES AND REGULATIONS  FOR  DISBURSEMENTS  FROM
THE ACCOUNT FOR THE STATED PURPOSES.
  3. SUCH PERSON SHALL SERVE COPIES OF THE PRELIMINARY SCOPING STATEMENT
ON PERSONS ENUMERATED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION ONE
HUNDRED  SIXTY-FOUR OF THIS ARTICLE AND PROVIDE NOTICE OF SUCH STATEMENT
AS PROVIDED IN PARAGRAPH (B) OF  SUCH  SUBDIVISION.  SUCH  NOTICE  SHALL
INCLUDE THE AVAILABILITY OF FUNDS FOR ELIGIBLE PERSONS TO PARTICIPATE IN
THE PRE-APPLICATION PROCESS.
  4.  TO  FACILITATE  THE  APPLICATION  PROCESS  AND  ENABLE CITIZENS TO
PARTICIPATE IN DECISIONS THAT AFFECT THEIR HEALTH  AND  SAFETY  AND  THE
ENVIRONMENT,  THE  DEPARTMENT  SHALL  PROVIDE  OPPORTUNITIES FOR CITIZEN
INVOLVEMENT, AND SHALL CONSULT WITH THE PUBLIC EARLY IN THE  APPLICATION
PROCESS,  ESPECIALLY  BEFORE ANY PERSONS ENTER A STIPULATION PURSUANT TO
SUBDIVISION FIVE OF THIS  SECTION.  THE  PRIMARY  GOAL  OF  THE  CITIZEN
PARTICIPATION  PROCESS  SHALL BE TO FACILITATE COMMUNICATION BETWEEN THE
APPLICANT AND INTERESTED OR AFFECTED PERSONS.  THE PROCESS SHALL  FOSTER
THE ACTIVE INVOLVEMENT OF INTERESTED OR AFFECTED PERSONS.
  5.  SUCH  PERSON  MAY  CONSULT  AND SEEK AGREEMENT WITH ANY INTERESTED
PERSON, INCLUDING, BUT NOT LIMITED TO, THE STAFF OF THE DEPARTMENT,  THE

S. 191                              6

DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF STATE, THE
DEPARTMENT OF HEALTH, AND THE OFFICE OF PARKS, RECREATION  AND  HISTORIC
PRESERVATION,  AS APPROPRIATE, AS TO ANY ASPECT OF THE PRELIMINARY SCOP-
ING  STATEMENT AND ANY STUDY OR PROGRAM OF STUDIES MADE OR TO BE MADE TO
SUPPORT SUCH APPLICATION. THE STAFF OF THE DEPARTMENT, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF STATE, THE  DEPARTMENT  OF
HEALTH,  THE  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE
PERSON PROPOSING TO FILE AN APPLICATION, AND ANY OTHER INTERESTED PERSON
MAY ENTER INTO A STIPULATION SETTING FORTH AN AGREEMENT ON ANY ASPECT OF
THE PRELIMINARY SCOPING STATEMENT AND THE STUDIES OR PROGRAM OF  STUDIES
TO  BE CONDUCTED. ANY SUCH PERSON PROPOSING TO SUBMIT AN APPLICATION FOR
A CERTIFICATE SHALL SERVE A COPY OF THE PROPOSED  STIPULATION  UPON  ALL
PERSONS  ENUMERATED  IN  PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION ONE
HUNDRED SIXTY-FOUR OF THIS ARTICLE, PROVIDE NOTICE OF  SUCH  STIPULATION
TO  THOSE  PERSONS  IDENTIFIED IN PARAGRAPH (B) OF SUCH SUBDIVISION, AND
AFFORD THE PUBLIC A REASONABLE OPPORTUNITY TO  SUBMIT  COMMENTS  ON  THE
STIPULATION  BEFORE IT IS EXECUTED BY THE INTERESTED PERSONS. NOTHING IN
THIS SUBDIVISION, HOWEVER, SHALL BAR ANY PARTY TO A HEARING ON AN APPLI-
CATION, OTHER THAN ANY PARTY  TO  A  PRE-APPLICATION  STIPULATION,  FROM
TIMELY  RAISING  OBJECTIONS  TO  ANY  ASPECT  OF THE PRELIMINARY SCOPING
STATEMENT AND THE METHODOLOGY AND SCOPE OF  ANY  STIPULATED  STUDIES  OR
PROGRAM OF STUDIES IN ANY SUCH AGREEMENT. IN ORDER TO ATTEMPT TO RESOLVE
ANY  QUESTIONS  THAT  MAY  ARISE  AS  A RESULT OF SUCH CONSULTATION, THE
DEPARTMENT MAY DESIGNATE  A  HEARING  EXAMINER  WHO  SHALL  OVERSEE  THE
PRE-APPLICATION   PROCESS,  INCLUDING  THE  DISBURSEMENT  OF  THE  FUNDS
PROVIDED FOR IN SUBDIVISION TWO OF THIS SECTION, AND MEDIATE  ANY  ISSUE
RELATING  TO  ANY  ASPECT  OF  THE PRELIMINARY SCOPING STATEMENT AND THE
METHODOLOGY AND SCOPE OF ANY SUCH STUDIES OR PROGRAMS OF STUDY.
  S 163-A. REPOWERING PROJECTS. 1. ANY PERSON PROPOSING TO SITE A REPOW-
ERING PROJECT SHALL BE REQUIRED TO FOLLOW THE PROCEDURES  SET  FORTH  IN
THIS  SECTION.    ANY PERSON PROPOSING TO UNDERTAKE A REPOWERING PROJECT
SHALL FILE WITH THE CHAIRPERSON OF THE BOARD AN APPLICATION, IN  A  FORM
TO  BE DETERMINED BY THE BOARD, THAT CONTAINS, AT A MINIMUM, THE FOLLOW-
ING INFORMATION AND MATERIALS:
  (A) A DESCRIPTION OF THE SITE, INCLUDING  ITS  ENVIRONMENTAL  SETTING,
AND  A DESCRIPTION OF THE REPOWERING PROJECT, INCLUDING, BUT NOT LIMITED
TO, AVAILABLE SITE INFORMATION, MAPS, AND DESCRIPTIONS;
  (B) ANALYSES THAT HAVE BEEN MADE (I) FOR REPOWERING PROJECTS,  OF  THE
EXPECTED  ENVIRONMENTAL  IMPACTS  OF  THE  EXISTING  ELECTRIC GENERATING
FACILITY; (II) OF CONCEPTUAL ARCHITECTURAL AND ENGINEERING  PLANS  INDI-
CATING COMPATIBILITY OF THE REPOWERING PROJECT WITH THE ENVIRONMENT; AND
(III)  OF  THE EXPECTED ENVIRONMENTAL IMPACTS OF THE REPOWERING PROJECT,
INCLUDING, BUT NOT LIMITED TO, THE GENERATION OF SOLID WASTES, AIR EMIS-
SIONS, DISCHARGES INTO NAVIGABLE WATERS AND  GROUNDWATER,  IMPACTS  UPON
WETLANDS,  AND  VISUAL  IMPACTS,  THE  PROBABLE  LEVEL  OF  NOISE DURING
CONSTRUCTION AND OPERATION OF THE REPOWERING PROJECT, AND  ANY  MEASURES
FOR  CONTROL,  ABATEMENT, OR MITIGATION OF SUCH IMPACTS, AND THE COMPAT-
IBILITY OF THE REPOWERING  PROJECT  WITH  EXISTING  FEDERAL,  STATE  AND
MUNICIPAL ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS;
  (C)  SUCH  EVIDENCE  AS  MAY  ENABLE THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION TO EVALUATE THE PROPOSED POLLUTION CONTROL SYSTEMS  OF  THE
REPOWERING  PROJECT AND TO REACH A DETERMINATION AS TO WHETHER OR NOT TO
ISSUE, SUBJECT TO APPROPRIATE CONDITIONS AND LIMITATIONS, PERMITS PURSU-
ANT TO FEDERAL RECOGNITION OF STATE AUTHORITY  IN  ACCORDANCE  WITH  THE
FEDERAL  CLEAN  WATER  ACT,  THE  FEDERAL  CLEAN AIR ACT AND THE FEDERAL
RESOURCE CONSERVATION AND RECOVERY ACT;

S. 191                              7

  (D) A STATEMENT AS TO HOW THE CONSTRUCTION AND OPERATION OF THE REPOW-
ERING PROJECT, INCLUDING TRANSPORTATION AND  DISPOSAL  OF  WASTES,  WILL
COMPLY WITH ENVIRONMENTAL, HEALTH AND SAFETY REGULATIONS AND RULES UNDER
STATE  AND  MUNICIPAL  LAWS,  AND A STATEMENT AS TO WHY ANY VARIANCES OR
EXCEPTIONS MAY BE GRANTED;
  (E)  A  DESCRIPTION  OF  THE  FUEL  INTERCONNECTION AND SUPPLY FOR THE
REPOWERING PROJECT;
  (F) AN ELECTRIC  INTERCONNECTION  STUDY,  CONSISTING  GENERALLY  OF  A
DESIGN STUDY AND A SYSTEM RELIABILITY IMPACT STUDY;
  (G)  A  PLAN  FOR  SECURITY  OF  THE  REPOWERING  PROJECT  DURING  ITS
CONSTRUCTION AND OPERATION, TO BE REVIEWED BY THE BOARD IN  CONSULTATION
WITH THE OFFICE OF HOMELAND SECURITY; AND
  (H)  SUCH  OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR
AS MAY BE REQUIRED BY THE BOARD TO MAKE ITS FINDINGS PURSUANT TO SECTION
ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE.   COPIES  OF  THE  APPLICATION,
INCLUDING  THE  REQUIRED  INFORMATION,  SHALL  BE  AVAILABLE  FOR PUBLIC
INSPECTION, PROVIDED, HOWEVER, THAT SUCH INSPECTION IS  CONSISTENT  WITH
ARTICLE  SIX  OF  THE  PUBLIC OFFICERS LAW AND ARTICLE TWENTY-SIX OF THE
EXECUTIVE LAW.
  2. THE APPLICATION SHALL BE ACCOMPANIED BY:
  (A) PROOF OF SERVICE, IN SUCH MANNER AS THE BOARD SHALL PRESCRIBE,  IN
ACCORDANCE  WITH  SUBDIVISION  TWO  OF SECTION ONE HUNDRED SIXTY-FOUR OF
THIS ARTICLE; AND
  (B) PROOF THAT THE APPLICANT HAS CONDUCTED PUBLIC OUTREACH WITHIN  THE
SIXTY  DAYS  PRECEDING  THE  FILING  OF THE APPLICATION, FOR PURPOSES OF
FACILITATING COMMUNICATION BETWEEN  THE  APPLICANT  AND  INTERESTED  AND
AFFECTED PERSONS AND ADVISING SUCH PERSONS ABOUT THE REPOWERING PROJECT.
  3.  THE  APPLICATION  SHALL  BE  ACCOMPANIED BY A FEE TO BE DETERMINED
PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS
SUBDIVISION, "INCREASED NET GENERATING OUTPUT" SHALL BE DETERMINED USING
THE FOLLOWING FORMULA:  THE NET GENERATING OUTPUT OF THE PROPOSED FACIL-
ITY IN THOUSANDS OF KILOWATTS MINUS THE NET  GENERATING  OUTPUT  OF  THE
EXISTING  FACILITY  IN  THOUSANDS OF KILOWATTS. FOR A REPOWERING PROJECT
THAT RESULTS IN AN INCREASED NET GENERATING OUTPUT  OF  EIGHTY  THOUSAND
KILOWATTS  OR MORE, A FEE IN AN AMOUNT EQUAL TO ONE THOUSAND DOLLARS FOR
EACH THOUSAND KILOWATTS OF INCREASED NET GENERATING OUTPUT, BUT A FEE NO
MORE THAN THREE HUNDRED THOUSAND DOLLARS WITH SUCH AMOUNT TO INCLUDE THE
PRE-APPLICATION FEE PROVIDED FOR  IN  SUBDIVISION  TWO  OF  SECTION  ONE
HUNDRED SIXTY-THREE OF THIS ARTICLE.
  4.  SUCH  FEE SHALL BE DEPOSITED IN THE INTERVENOR ACCOUNT ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-T  OF  THE  STATE  FINANCE  LAW,  TO  BE
DISBURSED  AT  THE BOARD'S DIRECTION IN ACCORDANCE WITH SUBDIVISION FIVE
OF SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE. ANY MONEYS  REMAINING
IN  THE  INTERVENOR  ACCOUNT  SHALL  BE RETURNED TO THE APPLICANT WITHIN
FORTY-FIVE DAYS AFTER THE BOARD HAS ISSUED ITS DECISION ON  AN  APPLICA-
TION  UNDER  THIS  ARTICLE AND THE TIME FOR APPLYING FOR A REHEARING AND
JUDICIAL REVIEW HAS EXPIRED.
  5. FOLLOWING THE FILING OF AN APPLICATION PURSUANT TO SUBDIVISION  TWO
OF  THIS  SECTION,  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SHALL
INITIATE A REVIEW PURSUANT TO FEDERALLY DELEGATED OR  APPROVED  ENVIRON-
MENTAL PERMITTING AUTHORITY.
  6.  WITHIN  SIXTY  DAYS OF RECEIPT OF AN APPLICATION FILED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, THE  CHAIRPERSON  OF  THE  BOARD  SHALL
DETERMINE  WHETHER OR NOT THE APPLICATION COMPLIES WITH THIS SECTION AND
ANY REGULATIONS PROMULGATED PURSUANT THERETO.  THE  CHAIRPERSON  OF  THE
BOARD  MAY  REQUIRE  THE  FILING OF ANY ADDITIONAL INFORMATION NEEDED TO

S. 191                              8

SUPPLEMENT AN APPLICATION.  NOTICE  OF  COMPLIANCE  SHALL  BE  GIVEN  TO
PARTIES  TO  THE CERTIFICATION PROCEEDING PURSUANT TO SUBDIVISION ONE OF
SECTION ONE HUNDRED SIXTY-SIX OF THIS ARTICLE AND SHALL ADDITIONALLY  BE
PUBLISHED ON THE WEB SITE OF THE DEPARTMENT.
  7.  PARTIES AND INTERESTED PERSONS SHALL HAVE FORTY-FIVE DAYS FROM THE
DATE THE APPLICATION IS DEEMED COMPLIANT TO FILE WRITTEN  COMMENTS  WITH
REGARD  TO  SUCH  APPLICATION.  A PUBLIC STATEMENT HEARING SHALL BE HELD
WITHIN THE COMMENT PERIOD AT WHICH THE PRESIDING EXAMINER AND  ASSOCIATE
EXAMINER  SHALL  JOINTLY  PRESIDE.  WITHIN SIXTY DAYS OF THE APPLICATION
BEING DEEMED COMPLIANT, THE PRESIDING EXAMINER, AFTER CONSULTATION  WITH
THE  ASSOCIATE EXAMINER, SHALL DETERMINE WHETHER THERE IS A RELEVANT AND
MATERIAL ISSUE OF FACT AND SHALL DETERMINE WHETHER OR NOT TO SCHEDULE AN
EVIDENTIARY HEARING ON SUCH ISSUE OF FACT. SUCH EVIDENTIARY HEARING,  IF
APPLICABLE,  SHALL  BE  CONDUCTED PURSUANT TO THE RELEVANT PROVISIONS OF
SECTIONS ONE HUNDRED SIXTY-FIVE AND  ONE  HUNDRED  SIXTY-SEVEN  OF  THIS
ARTICLE, WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION.
  8.  WITHIN SIXTY DAYS OF THE CLOSE OF THE PUBLIC STATEMENT HEARING AND
ANY EVIDENTIARY HEARING, IF APPLICABLE, AND THE FILING OF ANY BRIEFS, IF
APPLICABLE, THE BOARD SHALL RENDER A FINAL DETERMINATION ON AN  APPLICA-
TION  UNDER  THIS  SECTION FOR A CERTIFICATE UPON THE RECORD MADE BEFORE
THE PRESIDING AND ASSOCIATE EXAMINERS AND PURSUANT TO  THE  REQUIREMENTS
OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE.
THE BOARD MAY EXTEND THE DEADLINE IN EXTRAORDINARY CIRCUMSTANCES  BY  NO
MORE THAN THREE MONTHS IN ORDER TO GIVE CONSIDERATION TO SPECIFIC ISSUES
NECESSARY TO DEVELOP AN ADEQUATE RECORD.  THE BOARD SHALL RENDER A FINAL
DECISION  ON THE APPLICATION BY THE AFOREMENTIONED DEADLINE, UNLESS SUCH
DEADLINE IS WAIVED BY THE APPLICANT. IF AT ANY TIME  SUBSEQUENT  TO  THE
COMMENCEMENT  OF THE PUBLIC STATEMENT HEARING OR EVIDENTIARY HEARING, IF
APPLICABLE, THERE IS A MATERIAL AND SUBSTANTIAL AMENDMENT TO THE  APPLI-
CATION,  THE  DEADLINE  MAY  BE  EXTENDED  BY NO MORE THAN THREE MONTHS,
UNLESS SUCH DEADLINE IS WAIVED BY THE APPLICANT, TO CONSIDER SUCH AMEND-
MENT.
  9. IN THE EVENT THAT  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION
ISSUES  PERMITS  PURSUANT  TO FEDERALLY DELEGATED OR APPROVED PERMITTING
AUTHORITY UNDER THE FEDERAL CLEAN WATER ACT, THE FEDERAL CLEAN  AIR  ACT
AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT, THE COMMISSIONER
OF  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  SHALL PROVIDE SUCH
PERMITS TO THE BOARD PRIOR TO THE DETERMINATION OF  WHETHER  OR  NOT  TO
ISSUE A CERTIFICATE.
  S  164.  APPLICATION  FOR A CERTIFICATE. 1. AN APPLICANT FOR A CERTIF-
ICATE TO CONSTRUCT A MAJOR ELECTRIC GENERATING FACILITY SHALL FILE  WITH
THE  CHAIRPERSON  OF THE BOARD AN APPLICATION, IN SUCH FORM AS THE BOARD
MAY PRESCRIBE CONTAINING THE FOLLOWING INFORMATION AND MATERIALS:
  (A) A DESCRIPTION OF THE SITE AND A DESCRIPTION OF THE FACILITY TO  BE
BUILT   THEREON,   INCLUDING   AVAILABLE   SITE  INFORMATION,  MAPS  AND
DESCRIPTIONS, PRESENT AND PROPOSED DEVELOPMENT,  SOURCE  AND  VOLUME  OF
WATER  REQUIRED  FOR  PLANT  OPERATION AND COOLING, AND, AS APPROPRIATE,
GEOLOGICAL, AESTHETIC, ECOLOGICAL, TSUNAMI, SEISMIC,  BIOLOGICAL,  WATER
SUPPLY, POPULATION AND LOAD CENTER DATA;
  (B)  A  DESCRIPTION AND EVALUATION OF REASONABLE ALTERNATIVE LOCATIONS
TO THE PROPOSED FACILITY,  IF  ANY;  A  DESCRIPTION  AND  EVALUATION  OF
REASONABLE  ENERGY  SUPPLY  SOURCE  ALTERNATIVES AND, WHERE APPROPRIATE,
DEMAND-REDUCING MEASURES TO THE PROPOSED FACILITY; A DESCRIPTION OF  THE
COMPARATIVE  ADVANTAGES  AND DISADVANTAGES OF EACH SUCH LOCATION, ENERGY
SUPPLY SOURCES AND  DEMAND-REDUCING  MEASURES,  AS  APPROPRIATE;  AND  A
STATEMENT  OF  THE REASONS WHY THE PRIMARY PROPOSED LOCATION AND SOURCE,

S. 191                              9

AS APPROPRIATE, IS BEST SUITED, AMONG THE  ALTERNATIVES  CONSIDERED,  TO
PROMOTE  PUBLIC HEALTH AND WELFARE, INCLUDING THE RECREATIONAL AND OTHER
CONCURRENT USES WHICH THE SITE MAY SERVE, PROVIDED THAT THE  INFORMATION
REQUIRED  PURSUANT  TO  THIS  PARAGRAPH  SHALL BE NO MORE EXTENSIVE THAN
REQUIRED UNDER ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW;
  (C) STUDIES, IDENTIFYING THE AUTHOR AND DATE THEREOF,  WHICH  EVALUATE
PREDICTABLE,  SIGNIFICANT  AND  ADVERSE  DISPROPORTIONATE  ENVIRONMENTAL
IMPACTS  OF  THE  PROPOSED  FACILITY,  IF  ANY,   RESULTING   FROM   ITS
CONSTRUCTION  AND  OPERATION, IN ACCORDANCE WITH REGULATIONS PROMULGATED
BY THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION  FOR  THE  ANALYSIS  OF
ENVIRONMENTAL JUSTICE ISSUES;
  (D)  STUDIES, IDENTIFYING THE AUTHOR AND DATE THEREOF, WHICH HAVE BEEN
MADE OF THE EXPECTED ENVIRONMENTAL IMPACTS,  INCLUDING  THE  PREDICTABLE
HEALTH  IMPACTS  THEREOF, AND OF THE SAFETY OF THE FACILITY, BOTH DURING
ITS CONSTRUCTION AND ITS OPERATION,  WHICH  STUDIES  ARE  SUFFICIENT  TO
IDENTIFY:  (I)  THE  ANTICIPATED  GASEOUS, LIQUID AND SOLID WASTES TO BE
PRODUCED AT THE FACILITY INCLUDING THEIR  SOURCE,  ANTICIPATED  VOLUMES,
COMPOSITION  AND TEMPERATURE, AND SUCH OTHER ATTRIBUTES AS THE BOARD MAY
SPECIFY AND THE PROBABLE LEVEL OF NOISE DURING CONSTRUCTION  AND  OPERA-
TION  OF  THE FACILITY; (II) THE TREATMENT PROCESSES TO REDUCE WASTES TO
BE RELEASED TO THE  ENVIRONMENT,  THE  MANNER  OF  DISPOSAL  FOR  WASTES
RETAINED AND MEASURES FOR NOISE ABATEMENT; (III) THE ANTICIPATED VOLUMES
OF  WASTES  TO BE RELEASED TO THE ENVIRONMENT UNDER ANY OPERATING CONDI-
TION OF THE FACILITY, INCLUDING SUCH  METEOROLOGICAL,  HYDROLOGICAL  AND
OTHER  INFORMATION  NEEDED  TO  SUPPORT  SUCH ESTIMATES; (IV) CONCEPTUAL
ARCHITECTURAL AND ENGINEERING  PLANS  INDICATING  COMPATIBILITY  OF  THE
FACILITY WITH THE ENVIRONMENT; (V) HOW THE CONSTRUCTION AND OPERATION OF
THE  FACILITY,  INCLUDING  TRANSPORTATION  AND  DISPOSAL OF WASTES WOULD
COMPLY WITH ENVIRONMENTAL,  PUBLIC  HEALTH,  SAFETY  AND  INFRASTRUCTURE
SECURITY  REGULATIONS  AND  RULES  UNDER STATE AND MUNICIPAL LAWS, AND A
STATEMENT WHY ANY VARIANCES OR EXCEPTIONS SHOULD BE GRANTED; (VI)  WATER
WITHDRAWALS  AND  DISCHARGES;  (VII) A DESCRIPTION OF THE FUEL INTERCON-
NECTION AND SUPPLY FOR THE PROJECT; AND  (VIII)  AN  ELECTRIC  INTERCON-
NECTION STUDY, CONSISTING GENERALLY OF A DESIGN STUDY AND A SYSTEM RELI-
ABILITY IMPACT STUDY;
  (E)  SUCH  EVIDENCE  AS  WILL ENABLE THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION TO EVALUATE THE FACILITY'S POLLUTION CONTROL SYSTEMS AND TO
REACH A DETERMINATION TO ISSUE THEREFOR, SUBJECT TO  APPROPRIATE  CONDI-
TIONS  AND LIMITATIONS, PERMITS PURSUANT TO FEDERAL RECOGNITION OF STATE
AUTHORITY IN ACCORDANCE WITH THE FEDERAL CLEAN WATER  ACT,  THE  FEDERAL
CLEAN AIR ACT AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT;
  (F)  ANY  OTHER  INFORMATION THAT THE APPLICANT DEEMS RELEVANT OR THAT
THE BOARD MAY REQUIRE;
  (G) A PLAN FOR SECURITY OF THE PROPOSED FACILITY  DURING  CONSTRUCTION
AND  OPERATION OF SUCH FACILITY, TO BE REVIEWED BY THE BOARD, IN CONSUL-
TATION WITH THE NEW YORK STATE OFFICE OF HOMELAND SECURITY;
  (H) COPIES OF THE APPLICATION,  INCLUDING  THE  REQUIRED  INFORMATION,
SHALL  BE  FILED  WITH  THE  BOARD  AND  SHALL  BE  AVAILABLE FOR PUBLIC
INSPECTION, PROVIDED, HOWEVER, THAT SUCH INSPECTION IS  CONSISTENT  WITH
ARTICLE  SIX  OF  THE  PUBLIC OFFICERS LAW AND ARTICLE TWENTY-SIX OF THE
EXECUTIVE LAW; AND
  (I) A STATEMENT EXPLAINING HOW THE FACILITY IS  REASONABLY  CONSISTENT
WITH  ENERGY  POLICIES,  GOALS  AND/OR  OBJECTIVES  IN THE MOST RECENTLY
ADOPTED STATE ENERGY PLAN.
  2. EACH APPLICATION SHALL BE ACCOMPANIED BY PROOF OF SERVICE, IN  SUCH
MANNER AS THE BOARD SHALL PRESCRIBE, OF:

S. 191                             10

  (A)  A  COPY  OF  SUCH APPLICATION ON (I) EACH MUNICIPALITY AND, ADDI-
TIONALLY, ANY COMMUNITY-BASED BOARD OR ORGANIZATION  THAT  HAS  FILED  A
STATEMENT WITH THE BOARD WITHIN THE PAST TWELVE MONTHS THAT IT WISHES TO
RECEIVE  INFORMATION ON FACILITIES IN AREAS IN WHICH ANY PORTION OF SUCH
FACILITY  IS  TO  BE  LOCATED AS PROPOSED OR IN ANY ALTERNATIVE LOCATION
LISTED.  SUCH COPY TO A MUNICIPALITY SHALL BE  ADDRESSED  TO  THE  CHIEF
EXECUTIVE  OFFICER  THEREOF AND SHALL SPECIFY THE DATE ON OR ABOUT WHICH
THE APPLICATION IS TO BE FILED;
  (II) EACH MEMBER OF THE BOARD;
  (III) THE DEPARTMENT OF AGRICULTURE AND MARKETS;
  (IV) THE SECRETARY OF STATE;
  (V) THE ATTORNEY GENERAL;
  (VI) THE DEPARTMENT OF TRANSPORTATION;
  (VII) THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION;
  (VIII) A LIBRARY SERVING THE DISTRICT OF  EACH  MEMBER  OF  THE  STATE
LEGISLATURE  IN  WHOSE  DISTRICT  ANY  PORTION  OF THE FACILITY IS TO BE
LOCATED AS PROPOSED OR IN ANY ALTERNATIVE LOCATION LISTED;
  (IX) IN THE EVENT  THAT  SUCH  FACILITY  OR  ANY  PORTION  THEREOF  AS
PROPOSED  OR  IN  ANY  ALTERNATIVE LOCATION LISTED IS LOCATED WITHIN THE
ADIRONDACK PARK, AS DEFINED IN SUBDIVISION ONE OF SECTION 9-0101 OF  THE
ENVIRONMENTAL CONSERVATION LAW, THE ADIRONDACK PARK AGENCY; AND
  (B)  A  NOTICE  OF SUCH APPLICATION ON (I) PERSONS RESIDING IN MUNICI-
PALITIES ENTITLED TO RECEIVE A COPY OF THE  APPLICATION  UNDER  SUBPARA-
GRAPH  (I)  OF  PARAGRAPH  (A) OF THIS SUBDIVISION. SUCH NOTICE SHALL BE
GIVEN BY THE PUBLICATION OF A SUMMARY OF THE APPLICATION AND THE DATE ON
OR ABOUT WHICH IT WILL BE FILED, TO BE PUBLISHED UNDER REGULATIONS TO BE
PROMULGATED BY THE BOARD, IN SUCH FORM AND IN SUCH NEWSPAPER OR  NEWSPA-
PERS  AS  WILL SERVE SUBSTANTIALLY TO INFORM THE PUBLIC OF SUCH APPLICA-
TION;
  (II) EACH MEMBER OF  THE  STATE  LEGISLATURE  IN  WHOSE  DISTRICT  ANY
PORTION  OF THE FACILITY IS TO BE LOCATED AS PROPOSED OR IN ANY ALTERNA-
TIVE LOCATION LISTED; AND
  (III) PERSONS WHO HAVE FILED A STATEMENT WITH  THE  BOARD  WITHIN  THE
PAST TWELVE MONTHS THAT THEY WISH TO RECEIVE ALL SUCH NOTICES CONCERNING
FACILITIES  IN  THE  AREA  IN  WHICH  THE  FACILITY  IS TO BE LOCATED AS
PROPOSED OR IN ANY ALTERNATIVE LOCATION LISTED.
  3. INADVERTENT FAILURE  OF  SERVICE  ON  ANY  OF  THE  MUNICIPALITIES,
PERSONS,  AGENCIES,  BODIES  OR  COMMISSIONS NAMED IN SUBDIVISION TWO OF
THIS SECTION SHALL NOT BE JURISDICTIONAL AND MAY BE  CURED  PURSUANT  TO
REGULATIONS OF THE BOARD DESIGNED TO AFFORD SUCH PERSONS ADEQUATE NOTICE
TO  ENABLE  THEM  TO PARTICIPATE EFFECTIVELY IN THE PROCEEDING. IN ADDI-
TION, THE BOARD MAY, AFTER FILING, REQUIRE THE APPLICANT TO SERVE NOTICE
OF THE APPLICATION OR COPIES THEREOF OR BOTH UPON SUCH OTHER PERSONS AND
FILE PROOF THEREOF AS THE BOARD MAY DEEM APPROPRIATE.
  4. THE BOARD SHALL PRESCRIBE THE FORM AND CONTENT  OF  AN  APPLICATION
FOR AN AMENDMENT OF A CERTIFICATE TO BE ISSUED HEREUNDER. NOTICE OF SUCH
AN  APPLICATION  SHALL  BE GIVEN AS SET FORTH IN SUBDIVISION TWO OF THIS
SECTION.
  5. (A) EACH APPLICATION SHALL BE ACCOMPANIED BY A  FEE  IN  AN  AMOUNT
EQUAL  TO ONE THOUSAND DOLLARS FOR EACH THOUSAND KILOWATTS OF GENERATING
CAPACITY OF THE SUBJECT FACILITY, BUT NO MORE THAN THREE  HUNDRED  THOU-
SAND  DOLLARS  WITH  SUCH  AMOUNT  TO  INCLUDE  THE  PRE-APPLICATION FEE
PROVIDED FOR IN SUBDIVISION TWO OF SECTION ONE  HUNDRED  SIXTY-THREE  OF
THIS  ARTICLE.  SUCH  FEE  SHALL BE DEPOSITED IN THE INTERVENOR ACCOUNT,
ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE  LAW,
TO BE DISBURSED AT THE BOARD'S DIRECTION, TO DEFRAY EXPENSES INCURRED BY

S. 191                             11

MUNICIPAL  AND  OTHER  LOCAL PARTIES TO THE PROCEEDING (EXCEPT A MUNICI-
PALITY WHICH IS THE APPLICANT) FOR EXPERT WITNESS AND  CONSULTANT  FEES.
IF AT ANY TIME SUBSEQUENT TO THE FILING OF THE APPLICATION, THE APPLICA-
TION IS AMENDED IN A MANNER THAT WARRANTS SUBSTANTIAL ADDITIONAL SCRUTI-
NY,  THE BOARD MAY REQUIRE AN ADDITIONAL INTERVENOR FEE IN AN AMOUNT NOT
TO EXCEED ONE HUNDRED THOUSAND DOLLARS.  THE  BOARD  SHALL  PROVIDE  FOR
TRANSCRIPTS, THE REPRODUCTION AND SERVICE OF DOCUMENTS, AND THE PUBLICA-
TION  OF REQUIRED NOTICES FOR MUNICIPAL PARTIES. ANY MONEYS REMAINING IN
THE INTERVENOR ACCOUNT SHALL BE RETURNED TO THE APPLICANT WITHIN  FORTY-
FIVE  DAYS  AFTER  THE  BOARD  HAS ISSUED ITS DECISION ON AN APPLICATION
UNDER THIS ARTICLE AND THE TIME FOR APPLYING FOR A REHEARING  AND  JUDI-
CIAL REVIEW HAS EXPIRED.
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
BOARD SHALL PROVIDE BY RULES AND REGULATIONS FOR THE MANAGEMENT  OF  THE
INTERVENOR  ACCOUNT  AND FOR DISBURSEMENTS FROM THE ACCOUNT, WHICH RULES
AND REGULATIONS SHALL BE CONSISTENT WITH THE PURPOSE OF THIS SECTION  TO
MAKE  AVAILABLE  TO MUNICIPAL PARTIES AT LEAST ONE-HALF OF THE AMOUNT OF
THE INTERVENOR ACCOUNT AND FOR USES SPECIFIED IN PARAGRAPH (A)  OF  THIS
SUBDIVISION. IN ADDITION, THE BOARD SHALL PROVIDE OTHER LOCAL PARTIES UP
TO  ONE-HALF OF THE AMOUNT OF THE INTERVENOR ACCOUNT; PROVIDED, HOWEVER,
THAT THE BOARD SHALL ENSURE THAT THE PURPOSES FOR WHICH  MONEYS  IN  THE
INTERVENOR ACCOUNT WILL BE EXPENDED WILL CONTRIBUTE TO AN INFORMED DECI-
SION  AS  TO  THE  APPROPRIATENESS OF THE SITE AND FACILITY AND ARE MADE
AVAILABLE ON AN EQUITABLE BASIS IN  A  MANNER  WHICH  FACILITATES  BROAD
PUBLIC PARTICIPATION.
  S  165. HEARING SCHEDULE. 1. AFTER THE RECEIPT OF AN APPLICATION FILED
PURSUANT TO SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE,  THE  CHAIR-
PERSON  OF THE BOARD SHALL, WITHIN SIXTY DAYS OF SUCH RECEIPT, DETERMINE
WHETHER THE APPLICATION COMPLIES WITH SUCH SECTION AND  UPON  A  FINDING
THAT  THE  APPLICATION SO COMPLIES, FIX A DATE FOR THE COMMENCEMENT OF A
PUBLIC HEARING. THE CHAIRPERSON OF THE BOARD MAY REQUIRE THE  FILING  OF
ANY ADDITIONAL INFORMATION NEEDED TO SUPPLEMENT AN APPLICATION BEFORE OR
DURING  THE HEARINGS.  UPON A DETERMINATION THAT AN APPLICATION COMPLIES
WITH SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE, THE  DEPARTMENT  OF
ENVIRONMENTAL CONSERVATION SHALL INITIATE A REVIEW PURSUANT TO FEDERALLY
DELEGATED  OR APPROVED ENVIRONMENTAL PERMITTING AUTHORITY. THE APPLICANT
SHALL SUBMIT TO THE DEPARTMENT  OF  STATE  COPIES  OF  THE  APPLICATION,
CONSISTENCY  CERTIFICATION AND NECESSARY DATA AND INFORMATION SUFFICIENT
TO INITIATE A REVIEW PURSUANT TO THE FEDERAL COASTAL ZONE MANAGEMENT ACT
AND ITS REGULATIONS.
  2. WITHIN A REASONABLE TIME AFTER THE  DATE  HAS  BEEN  FIXED  BY  THE
CHAIRPERSON FOR COMMENCEMENT OF A PUBLIC HEARING, THE PRESIDING EXAMINER
SHALL  HOLD  A PREHEARING CONFERENCE TO EXPEDITE THE ORDERLY CONDUCT AND
DISPOSITION OF THE HEARING, TO SPECIFY  THE  ISSUES,  TO  OBTAIN  STIPU-
LATIONS  AS TO MATTERS NOT DISPUTED, AND TO DEAL WITH SUCH OTHER MATTERS
AS THE PRESIDING EXAMINER MAY DEEM  PROPER.  THEREAFTER,  THE  PRESIDING
EXAMINER  SHALL ISSUE AN ORDER IDENTIFYING THE ISSUES TO BE ADDRESSED BY
THE PARTIES; PROVIDED,  HOWEVER,  THAT  NO  SUCH  ORDER  SHALL  PRECLUDE
CONSIDERATION  OF ISSUES WHICH WARRANT CONSIDERATION IN ORDER TO DEVELOP
AN ADEQUATE RECORD AS DETERMINED BY AN ORDER OF THE BOARD.
  3. ALL PARTIES SHALL BE PREPARED TO PROCEED IN AN  EXPEDITIOUS  MANNER
AT  THE  HEARING  SO THAT IT MAY PROCEED REGULARLY UNTIL COMPLETION. THE
PLACE OF THE HEARING SHALL BE  DESIGNATED  BY  THE  PRESIDING  EXAMINER.
HEARINGS SHALL BE OF SUFFICIENT DURATION TO PROVIDE ADEQUATE OPPORTUNITY
TO HEAR DIRECT EVIDENCE AND REBUTTAL EVIDENCE FROM RESIDENTS OF THE AREA
AFFECTED BY THE PROPOSED ELECTRIC GENERATING FACILITY.

S. 191                             12

  4. PROCEEDINGS ON AN APPLICATION SHALL BE COMPLETED IN ALL RESPECTS IN
A  MANNER  CONSISTENT WITH FEDERALLY DELEGATED OR APPROVED ENVIRONMENTAL
PERMITTING AUTHORITY, INCLUDING A FINAL DECISION BY  THE  BOARD,  WITHIN
TWELVE  MONTHS  FROM THE DATE OF A DETERMINATION BY THE CHAIRPERSON THAT
AN  APPLICATION  COMPLIES  WITH  SECTION  ONE HUNDRED SIXTY-FOUR OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT THE BOARD MAY EXTEND  THE  DEADLINE  IN
EXTRAORDINARY  CIRCUMSTANCES BY NO MORE THAN SIX MONTHS IN ORDER TO GIVE
CONSIDERATION TO  SPECIFIC  ISSUES  NECESSARY  TO  DEVELOP  AN  ADEQUATE
RECORD. THE BOARD MUST RENDER A FINAL DECISION ON THE APPLICATION BY THE
AFOREMENTIONED  DEADLINES UNLESS SUCH DEADLINES ARE WAIVED BY THE APPLI-
CANT. IF, AT ANY TIME SUBSEQUENT TO THE  COMMENCEMENT  OF  THE  HEARING,
THERE  IS  A  MATERIAL AND SUBSTANTIAL AMENDMENT TO THE APPLICATION, THE
DEADLINES MAY BE EXTENDED BY NO MORE THAN SIX MONTHS, UNLESS SUCH  DEAD-
LINE IS WAIVED BY THE APPLICANT, TO CONSIDER SUCH AMENDMENT.
  5.  ON  AN  APPLICATION  FOR AN AMENDMENT OF A CERTIFICATE PROPOSING A
CHANGE IN THE FACILITY LIKELY TO RESULT IN ANY MATERIAL INCREASE IN  ANY
ENVIRONMENTAL  IMPACT  OF  THE  FACILITY  OR A SUBSTANTIAL CHANGE IN THE
LOCATION OF ALL OR A PORTION OF SUCH FACILITY, A HEARING SHALL  BE  HELD
IN THE SAME MANNER AS A HEARING ON AN APPLICATION FOR A CERTIFICATE. THE
BOARD  SHALL  PROMULGATE RULES, REGULATIONS AND STANDARDS UNDER WHICH IT
SHALL DETERMINE WHETHER HEARINGS ARE REQUIRED UNDER THIS SUBDIVISION AND
SHALL MAKE SUCH DETERMINATIONS.
  S 166. PARTIES TO A CERTIFICATION PROCEEDING. 1. THE  PARTIES  TO  THE
CERTIFICATION PROCEEDINGS SHALL INCLUDE:
  (A) THE APPLICANT;
  (B) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
  (C) THE DEPARTMENT OF ECONOMIC DEVELOPMENT;
  (D) THE DEPARTMENT OF HEALTH;
  (E) THE DEPARTMENT OF AGRICULTURE AND MARKETS;
  (F) THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
  (G) THE DEPARTMENT OF STATE;
  (H) THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION;
  (I)  WHERE  THE  FACILITY  OR  ANY  PORTION THEREOF OR ANY ALTERNATIVE
PROPOSED TO BE LOCATED WITHIN A CITY WITH A POPULATION OF ONE MILLION OR
MORE, THE APPROPRIATE ENVIRONMENTAL PROTECTION AGENCY OF SUCH CITY;
  (J) WHERE THE FACILITY OR ANY PORTION THEREOF OR OF ANY  ALTERNATE  IS
TO  BE LOCATED WITHIN THE ADIRONDACK PARK, AS DEFINED IN SUBDIVISION ONE
OF SECTION 9-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, THE  ADIRONDACK
PARK AGENCY;
  (K) A MUNICIPALITY ENTITLED TO RECEIVE A COPY OF THE APPLICATION UNDER
PARAGRAPH  (A)  OF  SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-FOUR OF
THIS ARTICLE, IF IT HAS FILED WITH THE BOARD A NOTICE OF INTENT TO BE  A
PARTY,  WITHIN  FORTY-FIVE  DAYS  AFTER  THE DATE GIVEN IN THE PUBLISHED
NOTICE AS THE DATE FOR THE FILING OF THE APPLICATION;  ANY  MUNICIPALITY
ENTITLED  TO  BE  A  PARTY HEREIN AND SEEKING TO ENFORCE ANY LOCAL ORDI-
NANCE, LAW, RESOLUTION OR OTHER ACTION OR REGULATION OTHERWISE  APPLICA-
BLE, INCLUDING BUT NOT LIMITED TO, ANY THAT MAY REQUIRE APPROVAL FOR THE
OCCUPATION  OF  MUNICIPAL  PROPERTY  BY  AN ELECTRIC, FUEL, TELECOMMUNI-
CATION, WATER, SEWER OR STEAM LINE  OR  INTERCONNECTION,  SHALL  PRESENT
EVIDENCE  IN  SUPPORT  THEREOF  OR  SHALL BE BARRED FROM THE ENFORCEMENT
THEREOF;
  (L) ANY INDIVIDUAL RESIDENT IN A MUNICIPALITY ENTITLED  TO  RECEIVE  A
COPY  OF  THE  APPLICATION  UNDER  PARAGRAPH  (A)  OF SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE IF HE OR  SHE  HAS  FILED
WITH  THE BOARD A NOTICE OF INTENT TO BE A PARTY, WITHIN FORTY-FIVE DAYS

S. 191                             13

AFTER THE DATE GIVEN IN THE PUBLISHED NOTICE AS THE DATE FOR  FILING  OF
THE APPLICATION;
  (M)  ANY  NON-PROFIT CORPORATION OR ASSOCIATION, FORMED IN WHOLE OR IN
PART TO PROMOTE CONSERVATION OR NATURAL BEAUTY, TO PROTECT THE  ENVIRON-
MENT, PERSONAL HEALTH OR OTHER BIOLOGICAL VALUES, TO PRESERVE HISTORICAL
SITES, TO PROMOTE CONSUMER INTERESTS, TO REPRESENT COMMERCIAL AND INDUS-
TRIAL  GROUPS OR TO PROMOTE THE ORDERLY DEVELOPMENT OF ANY AREA IN WHICH
THE FACILITY IS TO BE LOCATED, IF IT HAS FILED WITH THE BOARD  A  NOTICE
OF INTENT TO BECOME A PARTY, WITHIN FORTY-FIVE DAYS AFTER THE DATE GIVEN
IN THE PUBLISHED NOTICE AS THE DATE FOR FILING OF THE APPLICATION;
  (N)  ANY  OTHER  MUNICIPALITY OR RESIDENT OF SUCH MUNICIPALITY LOCATED
WITHIN A FIVE MILE RADIUS OF SUCH PROPOSED FACILITY, IF IT OR THE  RESI-
DENT  HAS  FILED  WITH  THE  BOARD A NOTICE OF INTENT TO BECOME A PARTY,
WITHIN FORTY-FIVE DAYS AFTER THE DATE GIVEN IN THE PUBLISHED  NOTICE  AS
THE DATE FOR FILING OF THE APPLICATION;
  (O)  ANY OTHER MUNICIPALITY OR RESIDENT OF SUCH MUNICIPALITY WHICH THE
BOARD IN ITS DISCRETION FINDS TO HAVE  AN  INTEREST  IN  THE  PROCEEDING
BECAUSE  OF  THE  POTENTIAL  ENVIRONMENTAL  OR PREDICTABLE PUBLIC HEALTH
EFFECTS ON SUCH MUNICIPALITY OR PERSON, IF THE  MUNICIPALITY  OR  PERSON
HAS  FILED  WITH  THE BOARD A NOTICE OF INTENT TO BECOME A PARTY, WITHIN
FORTY-FIVE DAYS AFTER THE DATE GIVEN IN THE PUBLISHED NOTICE AS THE DATE
FOR FILING OF THE APPLICATION,  TOGETHER  WITH  AN  EXPLANATION  OF  THE
POTENTIAL ENVIRONMENTAL EFFECTS ON SUCH MUNICIPALITY OR PERSON; AND
  (P)  SUCH  OTHER PERSONS OR ENTITIES AS THE BOARD MAY AT ANY TIME DEEM
APPROPRIATE, WHO  MAY  PARTICIPATE  IN  ALL  SUBSEQUENT  STAGES  OF  THE
PROCEEDING.
  2.  THE  DEPARTMENT  SHALL  DESIGNATE  MEMBERS  OF ITS STAFF WHO SHALL
PARTICIPATE AS A PARTY IN PROCEEDINGS UNDER THIS ARTICLE.
  3. ANY PERSON MAY MAKE A  LIMITED  APPEARANCE  IN  THE  PROCEEDING  BY
FILING  A  STATEMENT OF HIS OR HER INTENT TO LIMIT HIS OR HER APPEARANCE
IN WRITING AT ANY TIME PRIOR TO THE COMMENCEMENT  OF  THE  HEARING.  ALL
PAPERS  AND  MATTERS FILED BY A PERSON MAKING A LIMITED APPEARANCE SHALL
BECOME PART OF THE RECORD. NO PERSON MAKING A LIMITED  APPEARANCE  SHALL
BE  A  PARTY  OR  SHALL  HAVE  THE  RIGHT  TO  PRESENT ORAL TESTIMONY OR
CROSS-EXAMINE WITNESSES OR PARTIES.
  4. THE BOARD MAY FOR GOOD CAUSE SHOWN, PERMIT A MUNICIPALITY OR  OTHER
PERSON ENTITLED TO BECOME A PARTY UNDER SUBDIVISION ONE OF THIS SECTION,
BUT  HAS  FAILED  TO FILE THE REQUISITE NOTICE OF INTENT WITHIN THE TIME
REQUIRED, TO BECOME A PARTY, AND TO PARTICIPATE IN ALL SUBSEQUENT STAGES
OF THE PROCEEDING.
  S 167. CONDUCT OF HEARING. 1. (A) THE HEARING SHALL BE CONDUCTED IN AN
EXPEDITIOUS MANNER BY A PRESIDING EXAMINER APPOINTED BY THE  DEPARTMENT.
AN  ASSOCIATE  HEARING  EXAMINER SHALL BE APPOINTED BY THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION PRIOR TO THE DATE SET FOR COMMENCEMENT OF THE
PUBLIC HEARING. THE ASSOCIATE EXAMINER  SHALL  ATTEND  ALL  HEARINGS  AS
SCHEDULED  BY  THE  PRESIDING  EXAMINER,  AND HE OR SHE SHALL ASSIST THE
PRESIDING EXAMINER IN INQUIRING INTO AND CALLING FOR TESTIMONY  CONCERN-
ING  RELEVANT  AND MATERIAL MATTERS. THE CONCLUSIONS AND RECOMMENDATIONS
OF THE ASSOCIATE EXAMINER SHALL BE INCORPORATED IN THE RECOMMENDED DECI-
SION OF THE PRESIDING EXAMINER, UNLESS THE ASSOCIATE EXAMINER PREFERS TO
SUBMIT A SEPARATE REPORT OF DISSENTING  OR  CONCURRING  CONCLUSIONS  AND
RECOMMENDATIONS.  IN  THE  EVENT  THAT THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION ISSUES PERMITS PURSUANT TO FEDERALLY DELEGATED OR  APPROVED
AUTHORITY  UNDER  THE FEDERAL CLEAN WATER ACT, THE FEDERAL CLEAN AIR ACT
AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT,  THE  RECORD  IN
THE  PROCEEDING AND THE ASSOCIATE EXAMINER'S CONCLUSIONS AND RECOMMENDA-

S. 191                             14

TIONS SHALL, IN SO FAR AS IS  CONSISTENT  WITH  FEDERALLY  DELEGATED  OR
APPROVED  ENVIRONMENTAL  PERMITTING AUTHORITY, PROVIDE THE BASIS FOR THE
DECISION OF THE COMMISSIONER OF ENVIRONMENTAL  CONSERVATION  WHETHER  OR
NOT TO ISSUE SUCH PERMITS.
  (B)  WHEN  THE  FACILITY IS PROPOSED TO BE LOCATED IN THE COASTAL AREA
AND FEDERAL AUTHORIZATION IS REQUIRED,  A  COASTAL  RESOURCE  SPECIALIST
SHALL BE DESIGNATED BY THE DEPARTMENT OF STATE PRIOR TO THE DATE SET FOR
COMMENCEMENT  OF  THE  PUBLIC  HEARING.  THE COASTAL RESOURCE SPECIALIST
SHALL ATTEND ALL HEARINGS AS SCHEDULED BY THE  PRESIDING  AND  ASSOCIATE
EXAMINERS  AND  SHALL  ASSIST  THE  PRESIDING AND ASSOCIATE EXAMINERS IN
INQUIRING INTO AND CALLING FOR TESTIMONY CONCERNING RELEVANT AND MATERI-
AL MATTERS. IN THE EVENT THAT THE SECRETARY  OF  STATE  IS  REQUIRED  TO
RENDER  A CONSISTENCY DETERMINATION PURSUANT TO THE FEDERAL COASTAL ZONE
MANAGEMENT ACT, THE RECORD IN THE PROCEEDINGS SHALL PROVIDE  INFORMATION
ON  WHICH TO BASE THE DETERMINATION OF THE SECRETARY OF STATE WHETHER OR
NOT TO CONCUR WITH THE APPLICANT'S CERTIFICATION.
  (C) THE TESTIMONY PRESENTED AT A HEARING SHALL BE PRESENTED  IN  WRIT-
ING.  THE BOARD MAY REQUIRE ANY STATE AGENCY TO PROVIDE EXPERT TESTIMONY
ON SPECIFIC SUBJECTS WHERE ITS PERSONNEL HAVE  THE  REQUISITE  EXPERTISE
AND  SUCH  TESTIMONY  IS  CONSIDERED  NECESSARY TO THE DEVELOPMENT OF AN
ADEQUATE RECORD. A RECORD SHALL BE MADE OF THE HEARING AND OF ALL TESTI-
MONY TAKEN AND THE CROSS-EXAMINATIONS THEREON.  THE  RULES  OF  EVIDENCE
APPLICABLE  TO PROCEEDINGS BEFORE A COURT SHALL NOT APPLY. THE PRESIDING
EXAMINER MAY PROVIDE FOR THE  CONSOLIDATION  OF  THE  REPRESENTATION  OF
PARTIES,  OTHER  THAN  GOVERNMENTAL  BODIES  OR AGENCIES, HAVING SIMILAR
INTERESTS. IN THE CASE OF SUCH A CONSOLIDATION, THE RIGHT TO COUNSEL  OF
ITS  OWN  CHOOSING  SHALL  BE PRESERVED TO EACH PARTY TO THE PROCEEDING;
PROVIDED THAT THE CONSOLIDATED GROUP MAY BE REQUIRED TO BE HEARD THROUGH
SUCH REASONABLE NUMBER OF COUNSEL AS THE PRESIDING EXAMINER SHALL DETER-
MINE. APPROPRIATE REGULATIONS SHALL BE ISSUED BY THE  BOARD  TO  PROVIDE
FOR  PREHEARING DISCOVERY PROCEDURES BY PARTIES TO A PROCEEDING, CONSOL-
IDATION OF THE REPRESENTATION OF PARTIES, THE EXCLUSION  OF  IRRELEVANT,
REPETITIVE,  REDUNDANT OR IMMATERIAL EVIDENCE, AND THE REVIEW OF RULINGS
BY PRESIDING EXAMINERS.
  2. A COPY OF THE RECORD SHALL BE MADE AVAILABLE BY THE  BOARD  AT  ALL
REASONABLE TIMES FOR EXAMINATION BY THE PUBLIC.
  3.  THE  CHAIRPERSON  OF THE BOARD MAY ENTER INTO AN AGREEMENT WITH AN
AGENCY OR DEPARTMENT OF THE UNITED STATES HAVING CONCURRENT JURISDICTION
OVER ALL OR PART OF THE LOCATION, CONSTRUCTION, OR OPERATION OF AN ELEC-
TRIC GENERATING FACILITY SUBJECT TO THIS ARTICLE WITH RESPECT TO PROVID-
ING FOR JOINT PROCEDURES AND A JOINT  HEARING  OF  COMMON  ISSUES  ON  A
COMBINED  RECORD;  PROVIDED  THAT  SUCH AGREEMENT SHALL NOT DIMINISH THE
RIGHTS ACCORDED TO ANY PARTY UNDER THIS ARTICLE.
  4. THE PRESIDING EXAMINER SHALL ALLOW  TESTIMONY  TO  BE  RECEIVED  ON
REASONABLE  AND  AVAILABLE  ALTERNATE  LOCATIONS AND, WHERE APPROPRIATE,
DEMAND-REDUCING MEASURES; PROVIDED, HOWEVER, THAT NOTICE OF  THE  INTENT
TO  SUBMIT  SUCH  TESTIMONY  SHALL  BE  GIVEN  WITHIN SUCH PERIOD AS THE
PRESIDING EXAMINER SHALL PRESCRIBE, WHICH PERIOD SHALL BE NOT LESS  THAN
THIRTY  NOR  MORE THAN SIXTY DAYS AFTER THE COMMENCEMENT OF THE HEARING.
IN ITS DISCRETION, THE BOARD MAY THEREAFTER CAUSE TO BE CONSIDERED OTHER
REASONABLE AND AVAILABLE LOCATIONS AND, WHERE APPROPRIATE, DEMAND-REDUC-
ING MEASURES.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
THE BOARD MAY MAKE A PROMPT DETERMINATION  ON  THE  SUFFICIENCY  OF  THE
APPLICANT'S  CONSIDERATION  AND EVALUATION OF REASONABLE ALTERNATIVES TO
ITS PROPOSED TYPE OF  ELECTRIC  GENERATING  FACILITY  AND  ITS  PROPOSED

S. 191                             15

LOCATION  FOR  THAT  FACILITY,  AS REQUIRED PURSUANT TO PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION  ONE  HUNDRED  SIXTY-FOUR  OF  THIS  ARTICLE,
BEFORE  RESOLUTION OF OTHER ISSUES PERTINENT TO A FINAL DETERMINATION ON
THE  APPLICATION;  PROVIDED,  HOWEVER,  THAT ALL INTERESTED PARTIES HAVE
REASONABLE OPPORTUNITY TO QUESTION AND PRESENT EVIDENCE IN SUPPORT OF OR
AGAINST THE MERITS OF THE APPLICANT'S CONSIDERATION  AND  EVALUATION  OF
SUCH  ALTERNATIVES, AS REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE, SO THAT THE BOARD
IS ABLE TO DECIDE,  IN  THE  FIRST  INSTANCE,  WHETHER  THE  APPLICANT'S
PROPOSAL IS PREFERABLE TO ALTERNATIVES.
  S  168. BOARD DECISIONS. 1. THE BOARD SHALL MAKE THE FINAL DECISION ON
AN APPLICATION UNDER THIS ARTICLE FOR A CERTIFICATE OR AMENDMENT  THERE-
OF,  UPON THE RECORD MADE BEFORE THE PRESIDING EXAMINER ON SUCH APPLICA-
TION OR AMENDMENT THEREOF, AFTER RECEIVING BRIEFS AND EXCEPTIONS TO  THE
RECOMMENDED DECISION OF SUCH EXAMINER AND TO THE REPORT OF THE ASSOCIATE
EXAMINER, AND AFTER HEARING SUCH ORAL ARGUMENT AS THE BOARD SHALL DETER-
MINE.  EXCEPT  FOR  GOOD CAUSE SHOWN TO THE SATISFACTION OF THE BOARD, A
DETERMINATION UNDER SUBDIVISION FIVE OF SECTION ONE HUNDRED  SIXTY-SEVEN
OF  THIS ARTICLE THAT THE APPLICANT'S PROPOSAL IS PREFERABLE TO ALTERNA-
TIVES SHALL BE FINAL. SUCH A DETERMINATION SHALL BE SUBJECT TO REHEARING
AND REVIEW ONLY AFTER THE FINAL DECISION ON AN APPLICATION IS RENDERED.
  2. THE BOARD SHALL RENDER A DECISION UPON THE RECORD EITHER  TO  GRANT
OR  DENY  THE  APPLICATION AS FILED OR TO CERTIFY THE FACILITY UPON SUCH
TERMS, CONDITIONS, LIMITATIONS OR MODIFICATIONS OF THE  CONSTRUCTION  OR
OPERATION  OF  THE FACILITY AS THE BOARD MAY DEEM APPROPRIATE. THE BOARD
SHALL ISSUE, WITH ITS DECISION, AN OPINION STATING IN FULL  ITS  REASONS
FOR  ITS  DECISION. THE BOARD SHALL ISSUE AN ORDER UPON THE DECISION AND
THE OPINION EMBODYING THE TERMS AND CONDITIONS THEREOF IN FULL.  FOLLOW-
ING  ANY  REHEARING AND ANY JUDICIAL REVIEW OF THE BOARD'S DECISION, THE
BOARD'S JURISDICTION OVER AN APPLICATION SHALL CEASE; PROVIDED, HOWEVER,
THAT THE BOARD, EXCLUSIVE OF THE AD HOC MEMBERS, SHALL RETAIN  JURISDIC-
TION  WITH  RESPECT  TO  THE  AMENDMENT,  SUSPENSION  OR REVOCATION OF A
CERTIFICATE.  THE  COMMISSION  SHALL  MONITOR,  ENFORCE  AND  ADMINISTER
COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN THE BOARD'S ORDER.
THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION SHALL BE RESPONSIBLE FOR
ENFORCING CONTINUED COMPLIANCE BY A CERTIFICATED FACILITY WITH ALL ENVI-
RONMENTAL LAWS, REGULATIONS AND STANDARDS. THE BOARD  MAY  NOT  GRANT  A
CERTIFICATE FOR THE CONSTRUCTION OR OPERATION OF A MAJOR ELECTRIC GENER-
ATING  FACILITY  OR A REPOWERING PROJECT, EITHER AS PROPOSED OR AS MODI-
FIED BY THE BOARD, UNLESS IT SHALL FIRST FIND AND DETERMINE:
  (A) THAT THE FACILITY IS REASONABLY CONSISTENT WITH GOALS,  STRATEGIES
OR OBJECTIVES IN THE MOST RECENTLY ADOPTED STATE ENERGY PLAN;
  (B)  THE  NATURE  OF  THE PROBABLE ENVIRONMENTAL IMPACTS, INCLUDING AN
EVALUATION OF THE PREDICTABLE ADVERSE  AND  BENEFICIAL  IMPACTS  ON  THE
ENVIRONMENT  AND  ECOLOGY, PUBLIC HEALTH AND SAFETY, AESTHETICS, SCENIC,
HISTORIC AND RECREATIONAL VALUE, FOREST AND PARKS, FISH AND OTHER MARINE
LIFE, AND WILDLIFE, AIR AND  WATER  QUALITY,  INCLUDING  THE  CUMULATIVE
EFFECT  OF AIR EMISSIONS FROM EXISTING MAJOR ELECTRIC GENERATING FACILI-
TIES AND FACILITIES CERTIFICATED BY THE BOARD SIXTY DAYS OR  MORE  PRIOR
TO  THE  DATE  OF  THE  FILING OF THE APPLICATION, AND THE POTENTIAL FOR
SIGNIFICANT DETERIORATION IN LOCAL AIR QUALITY, WITH  PARTICULAR  ATTEN-
TION  TO FACILITIES LOCATED IN AREAS DESIGNATED AS SEVERE NONATTAINMENT,
AND PREDICTABLE, SIGNIFICANT AND ADVERSE DISPROPORTIONATE  ENVIRONMENTAL
IMPACTS,  IF ANY, FROM THE CONSTRUCTION AND/OR OPERATION OF THE PROPOSED
FACILITY IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT OF

S. 191                             16

ENVIRONMENTAL CONSERVATION FOR THE  ANALYSIS  OF  ENVIRONMENTAL  JUSTICE
ISSUES;
  (C)  THAT  THE  FACILITY  (I) MINIMIZES ADVERSE ENVIRONMENTAL IMPACTS,
CONSIDERING  THE  STATE  OF  AVAILABLE  TECHNOLOGY,  MITIGATION  OF  ANY
PREDICTABLE,  SIGNIFICANT  AND  ADVERSE  DISPROPORTIONATE  ENVIRONMENTAL
IMPACTS, IF ANY, FROM THE CONSTRUCTION AND/OR OPERATION OF THE  PROPOSED
FACILITY,  IN  ACCORDANCE WITH REGULATIONS PROMULGATED BY THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION REGARDING  ENVIRONMENTAL  JUSTICE  ISSUES,
THE NATURE AND ECONOMICS OF SUCH REASONABLE ALTERNATIVES AS ARE REQUIRED
TO  BE  EXAMINED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE, THE INTEREST OF THE  STATE  WITH
RESPECT TO AESTHETICS, PRESERVATION OF HISTORIC SITES, FOREST AND PARKS,
FISH  AND  WILDLIFE,  VIABLE  AGRICULTURAL  LANDS,  AND  OTHER PERTINENT
CONSIDERATIONS, (II) IS COMPATIBLE WITH PUBLIC HEALTH AND SAFETY,  (III)
WILL NOT BE IN CONTRAVENTION OF WATER QUALITY STANDARDS OR BE INCONSIST-
ENT  WITH  APPLICABLE  REGULATIONS  OF  THE  DEPARTMENT OF ENVIRONMENTAL
CONSERVATION OR, IN CASE NO CLASSIFICATION HAS BEEN MADE OF THE  RECEIV-
ING WATERS ASSOCIATED WITH THE FACILITY, WILL NOT DISCHARGE ANY EFFLUENT
THAT  WILL BE UNDULY INJURIOUS TO THE PROPAGATION AND PROTECTION OF FISH
AND WILDLIFE, THE INDUSTRIAL DEVELOPMENT OF THE STATE, AND PUBLIC HEALTH
AND PUBLIC ENJOYMENT OF THE RECEIVING WATERS, (IV)  WILL  NOT  EMIT  ANY
POLLUTANTS  TO  THE  AIR THAT WILL BE IN CONTRAVENTION OF APPLICABLE AIR
EMISSION CONTROL REQUIREMENTS OR AIR QUALITY STANDARDS, (V) WILL CONTROL
THE RUNOFF AND LEACHATE FROM ANY SOLID WASTE DISPOSAL FACILITY, AND (VI)
WILL CONTROL THE DISPOSAL OF ANY HAZARDOUS WASTE;
  (D) IF A FACILITY IS PROPOSED TO BE LOCATED IN THE COASTAL AREA,  THAT
THE  ACTION  IS CONSISTENT WITH APPLICABLE POLICIES SET FORTH IN ARTICLE
FORTY-TWO OF THE EXECUTIVE LAW, OR IF THE FACILITY  IS  PROPOSED  TO  BE
LOCATED IN A MUNICIPALITY WITH A LOCAL WATERFRONT REVITALIZATION PROGRAM
APPROVED BY THE SECRETARY OF STATE, THAT THE ACTION IS CONSISTENT TO THE
EXTENT PRACTICABLE WITH THAT LOCAL WATERFRONT REVITALIZATION PROGRAM;
  (E) THAT THE FACILITY IS DESIGNED TO OPERATE IN COMPLIANCE WITH APPLI-
CABLE STATE AND LOCAL LAWS AND REGULATIONS ISSUED THEREUNDER CONCERNING,
AMONG  OTHER  MATTERS, THE ENVIRONMENT, PUBLIC HEALTH AND SAFETY, ALL OF
WHICH SHALL BE BINDING UPON THE APPLICANT, EXCEPT  THAT  THE  BOARD  MAY
REFUSE  TO APPLY ANY LOCAL ORDINANCE, LAW, RESOLUTION OR OTHER ACTION OR
ANY REGULATION ISSUED THEREUNDER OR ANY LOCAL STANDARD  OR  REQUIREMENT,
INCLUDING  ANY THAT MAY REQUIRE APPROVAL FOR THE OCCUPATION OF MUNICIPAL
PROPERTY BY AN ELECTRIC, FUEL, TELECOMMUNICATION, WATER, SEWER OR  STEAM
LINE OR INTERCONNECTION, WHICH WOULD BE OTHERWISE APPLICABLE IF IT FINDS
THAT, AS APPLIED TO THE PROPOSED FACILITY, SUCH IS UNREASONABLY RESTRIC-
TIVE  IN  VIEW  OF  THE  EXISTING TECHNOLOGY OR THE NEEDS OF OR COSTS TO
RATEPAYERS WHETHER LOCATED INSIDE OR OUTSIDE OF SUCH  MUNICIPALITY.  THE
BOARD  SHALL PROVIDE THE MUNICIPALITY AN OPPORTUNITY TO PRESENT EVIDENCE
IN SUPPORT OF SUCH ORDINANCE, LAW, RESOLUTION, REGULATION OR OTHER LOCAL
ACTION ISSUED THEREUNDER; AND
  (F) THAT THE CONSTRUCTION AND OPERATION OF  THE  FACILITY  IS  IN  THE
PUBLIC  INTEREST, CONSIDERING THE ENVIRONMENTAL IMPACTS OF THE FACILITY,
INCLUDING THE PREDICTABLE HEALTH IMPACTS THEREOF AND REASONABLE ALTERNA-
TIVES EXAMINED AS REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE
OF SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE.
  3.  A COPY OF THE BOARD'S DECISION AND OPINION SHALL BE SERVED ON EACH
PARTY PERSONALLY OR BY MAIL.
  S 169. OPINION TO BE ISSUED WITH DECISION. IN RENDERING A DECISION  ON
AN APPLICATION FOR A CERTIFICATE, THE BOARD SHALL ISSUE AN OPINION STAT-
ING  ITS  REASONS  FOR THE ACTION TAKEN. IF THE BOARD HAS FOUND THAT ANY

S. 191                             17

LOCAL ORDINANCE, LAW, RESOLUTION,  REGULATION  OR  OTHER  ACTION  ISSUED
THEREUNDER  OR  ANY  OTHER  LOCAL STANDARD OR REQUIREMENT WHICH WOULD BE
OTHERWISE APPLICABLE IS UNREASONABLY RESTRICTIVE PURSUANT  TO  PARAGRAPH
(E)  OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTI-
CLE, IT SHALL STATE IN ITS OPINION THE REASONS THEREFOR.
  S 170. REHEARING AND JUDICIAL REVIEW. 1. ANY PARTY  AGGRIEVED  BY  THE
BOARD'S  DECISION  DENYING  OR  GRANTING  A CERTIFICATE MAY APPLY TO THE
BOARD FOR A REHEARING WITHIN THIRTY DAYS AFTER ISSUANCE OF THE  AGGRIEV-
ING  DECISION.  ANY  SUCH APPLICATION SHALL BE CONSIDERED AND DECIDED BY
THE BOARD, AND ANY REHEARING SHALL BE COMPLETED AND A DECISION  RENDERED
THEREON  WITHIN  NINETY  DAYS OF THE EXPIRATION OF THE PERIOD FOR FILING
REHEARING PETITIONS; PROVIDED, HOWEVER, THAT THE BOARD  MAY  EXTEND  THE
DEADLINE  BY  NO  MORE THAN NINETY DAYS WHERE A REHEARING IS REQUIRED IF
NECESSARY TO DEVELOP AN ADEQUATE RECORD.  THE APPLICANT MAY  WAIVE  SUCH
DEADLINE.  THEREAFTER  ANY SUCH PARTY MAY OBTAIN JUDICIAL REVIEW OF SUCH
DECISION AS PROVIDED IN THIS SECTION. A  JUDICIAL  PROCEEDING  SHALL  BE
BROUGHT  IN  THE APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF
NEW YORK IN THE JUDICIAL DEPARTMENT EMBRACING  THE  COUNTY  WHEREIN  THE
FACILITY  IS  TO BE LOCATED OR, IF THE APPLICATION IS DENIED, THE COUNTY
WHEREIN THE APPLICANT  HAS  PROPOSED  TO  LOCATE  THE  FACILITY.    SUCH
PROCEEDING  SHALL BE INITIATED BY THE FILING OF A PETITION IN SUCH COURT
WITHIN THIRTY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY  THE  BOARD
UPON THE APPLICATION FOR REHEARING TOGETHER WITH PROOF OF SERVICE ON THE
BOARD  OF A DEMAND THAT THE BOARD FILE WITH SAID COURT A COPY OF A WRIT-
TEN TRANSCRIPT OF THE RECORD OF THE PROCEEDING AND A COPY OF THE BOARD'S
DECISION AND OPINION.  THE BOARD'S COPY OF SAID TRANSCRIPT, DECISION AND
OPINION SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO  ALL  PARTIES  FOR
EXAMINATION  WITHOUT COST. UPON RECEIPT OF SUCH PETITION AND DEMAND, THE
BOARD SHALL FORTHWITH DELIVER TO THE COURT A COPY OF THE  RECORD  AND  A
COPY  OF  THE  BOARD'S  DECISION AND OPINION. THEREUPON, THE COURT SHALL
HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE  POWER  TO  GRANT
SUCH  RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER
ENFORCING, MODIFYING AND ENFORCING AS SO MODIFIED, REMANDING FOR FURTHER
SPECIFIC EVIDENCE OR FINDINGS, OR SETTING ASIDE IN WHOLE OR IN PART SUCH
DECISION. THE APPEAL SHALL BE HEARD ON THE RECORD,  WITHOUT  REQUIREMENT
OF REPRODUCTION, AND UPON BRIEFS TO THE COURT. NO OBJECTION THAT HAS NOT
BEEN  URGED  BY THE PARTY IN HIS OR HER APPLICATION FOR REHEARING BEFORE
THE BOARD SHALL BE CONSIDERED  BY  THE  COURT,  UNLESS  THE  FAILURE  OR
NEGLECT TO URGE SUCH OBJECTION SHALL BE EXCUSED BECAUSE OF EXTRAORDINARY
CIRCUMSTANCES.  THE  FINDINGS  OF  FACT  ON WHICH SUCH DECISION IS BASED
SHALL BE CONCLUSIVE IF SUPPORTED BY SUBSTANTIAL EVIDENCE ON  THE  RECORD
CONSIDERED  AS  A  WHOLE AND MATTERS OF OFFICIAL NOTICE SET FORTH IN THE
OPINION. THE JURISDICTION OF THE APPELLATE DIVISION OF THE SUPREME COURT
SHALL BE EXCLUSIVE, AND ITS JUDGMENT AND ORDER SHALL BE  FINAL,  SUBJECT
TO  REVIEW  BY THE COURT OF APPEALS IN THE SAME MANNER AND FORM AND WITH
THE SAME EFFECT AS PROVIDED FOR APPEALS IN  A  SPECIAL  PROCEEDING.  ALL
SUCH PROCEEDINGS SHALL BE HEARD AND DETERMINED BY THE APPELLATE DIVISION
OF  THE  SUPREME  COURT  AND BY THE COURT OF APPEALS AS EXPEDITIOUSLY AS
POSSIBLE AND WITH LAWFUL PRECEDENCE OVER ALL OTHER MATTERS.
  2. THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL  BE  LIMITED
TO WHETHER THE DECISION AND OPINION OF THE BOARD ARE:
  (A)  IN  CONFORMITY  WITH THE CONSTITUTION OF THE STATE AND THE UNITED
STATES;
  (B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE  RECORD  AND  MATTERS  OF
OFFICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
  (C) WITHIN THE BOARD'S STATUTORY JURISDICTION OR AUTHORITY;

S. 191                             18

  (D)  MADE  IN  ACCORDANCE WITH PROCEDURES SET FORTH IN THIS ARTICLE OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE; OR
  (E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION.
  3.  EXCEPT  AS  PROVIDED IN THIS SECTION, ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES SHALL APPLY TO APPEALS  TAKEN  PURSUANT  TO
THIS SECTION.
  S  171.  JURISDICTION  OF  COURTS.  EXCEPT  AS  EXPRESSLY SET FORTH IN
SECTION ONE HUNDRED SEVENTY OF THIS ARTICLE AND EXCEPT FOR REVIEW BY THE
COURT OF APPEALS OF A DECISION OF THE APPELLATE DIVISION OF THE  SUPREME
COURT  AS PROVIDED FOR THEREIN, NO COURT OF THIS STATE SHALL HAVE JURIS-
DICTION TO HEAR OR DETERMINE ANY MATTER, CASE OR CONTROVERSY  CONCERNING
ANY MATTER WHICH WAS OR COULD HAVE BEEN DETERMINED IN A PROCEEDING UNDER
THIS  ARTICLE  OR  TO  STOP OR DELAY THE CONSTRUCTION OR OPERATION OF AN
ELECTRIC GENERATING FACILITY PURSUANT TO THIS ARTICLE, EXCEPT TO ENFORCE
COMPLIANCE WITH THIS ARTICLE OR THE TERMS AND CONDITIONS  ISSUED  THERE-
UNDER.
  S  172. POWERS OF MUNICIPALITIES AND STATE AGENCIES. 1.  NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, NO STATE  AGENCY,  MUNICIPALITY  OR  ANY
AGENCY THEREOF MAY, EXCEPT AS EXPRESSLY AUTHORIZED UNDER THIS ARTICLE BY
THE  BOARD,  REQUIRE ANY APPROVAL, CONSENT, PERMIT, CERTIFICATE OR OTHER
CONDITION FOR THE CONSTRUCTION OR OPERATION OF  AN  ELECTRIC  GENERATING
FACILITY  WITH  RESPECT  TO WHICH AN APPLICATION FOR A CERTIFICATE HERE-
UNDER HAS BEEN FILED, INCLUDING ANY THAT MAY REQUIRE  APPROVAL  FOR  THE
OCCUPATION  OF  MUNICIPAL  PROPERTY  BY  AN ELECTRIC, FUEL, TELECOMMUNI-
CATION, WATER, SEWER OR STEAM LINE OR INTERCONNECTION, OTHER THAN  THOSE
PROVIDED BY OTHERWISE APPLICABLE STATE LAW FOR THE PROTECTION OF EMPLOY-
EES  ENGAGED  IN  THE  CONSTRUCTION  AND  OPERATION  OF  SUCH  FACILITY;
PROVIDED, HOWEVER, THAT IN THE CASE OF A MUNICIPALITY OR AN AGENCY THER-
EOF, SUCH MUNICIPALITY HAS RECEIVED NOTICE OF THE FILING OF THE APPLICA-
TION THEREFOR; AND PROVIDED FURTHER, HOWEVER,  THAT  THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION  MAY  ISSUE  PERMITS  PURSUANT  TO FEDERALLY
DELEGATED OR APPROVED AUTHORITY UNDER THE FEDERAL CLEAN WATER  ACT,  THE
FEDERAL CLEAN AIR ACT AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY
ACT; AND PROVIDED FURTHER HOWEVER, THAT THE DEPARTMENT OF STATE MAY MAKE
CONSISTENCY  DETERMINATIONS PURSUANT TO THE FEDERAL COASTAL ZONE MANAGE-
MENT ACT. IN ISSUING SUCH DETERMINATIONS, THE SECRETARY OF  STATE  SHALL
FOLLOW  PROCEDURES  ESTABLISHED  IN THIS ARTICLE TO THE EXTENT THAT THEY
ARE CONSISTENT WITH THE FEDERAL COASTAL  ZONE  MANAGEMENT  ACT  AND  ITS
IMPLEMENTING  REGULATIONS.  IN ISSUING SUCH PERMITS, THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION SHALL FOLLOW PROCEDURES ESTABLISHED  IN  THIS
ARTICLE  TO THE EXTENT THAT THEY ARE CONSISTENT WITH FEDERALLY DELEGATED
OR APPROVED ENVIRONMENTAL  PERMITTING  AUTHORITY.  THE  COMMISSIONER  OF
ENVIRONMENTAL CONSERVATION AND THE SECRETARY OF STATE SHALL PROVIDE SUCH
PERMITS  AND  DETERMINATIONS,  RESPECTIVELY,  TO  THE BOARD PRIOR TO ITS
DETERMINATION WHETHER OR NOT TO ISSUE A CERTIFICATE.
  2. THE ADIRONDACK PARK AGENCY SHALL NOT HOLD  PUBLIC  HEARINGS  FOR  A
MAJOR  ELECTRIC GENERATING FACILITY WITH RESPECT TO WHICH AN APPLICATION
HEREUNDER IS FILED, PROVIDED THAT SUCH AGENCY HAS RECEIVED NOTICE OF THE
FILING OF SUCH APPLICATION.
  S 2. The opening paragraph and  paragraph  (b)  of  subdivision  5  of
section  8-0111 of the environmental conservation law, as added by chap-
ter 612 of the laws of 1975, are amended to read as follows:
  The requirements of [subdivision two of section 8-0109 of] this  arti-
cle shall not apply to:

S. 191                             19

  (b) Actions subject to the provisions requiring a certificate of envi-
ronmental  compatibility  and  public need in articles seven and [eight]
TEN AND THE FORMER ARTICLE EIGHT of the public service law; or
  S  3.  Section 17-0823 of the environmental conservation law, as added
by chapter 801 of the laws of 1973, is amended to read as follows:
S 17-0823. Power plant siting.
  In the case of a major steam electric generating facility, as  defined
in  FORMER  section one hundred forty of the public service law, for the
construction or operation of which a certificate is required  under  THE
FORMER  article eight of [such] THE PUBLIC SERVICE law, OR A MAJOR ELEC-
TRIC GENERATING FACILITY OR REPOWERING PROJECT AS DEFINED IN SECTION ONE
HUNDRED SIXTY OF THE PUBLIC SERVICE LAW, FOR THE CONSTRUCTION OR  OPERA-
TION  OF WHICH A CERTIFICATE IS REQUIRED UNDER ARTICLE TEN OF THE PUBLIC
SERVICE LAW, [an applicant shall apply for and obtain  such  certificate
in lieu of filing an application and obtaining a permit under this arti-
cle.  Any  reference  in  this article to a permit shall, in the case of
such major  steam  electric  generating  facility,  be  deemed  for  all
purposes  to  refer  to  such  certificate,  provided that nothing] SUCH
CERTIFICATE SHALL BE DEEMED A PERMIT UNDER THIS SECTION IF ISSUED BY THE
STATE BOARD ON ELECTRIC GENERATION SITING AND THE  ENVIRONMENT  PURSUANT
TO FEDERALLY DELEGATED OR APPROVED ENVIRONMENTAL PERMIT AUTHORITY. NOTH-
ING  herein shall limit the authority of the [departments] DEPARTMENT of
health and [environmental conservation] THE DEPARTMENT  to  monitor  the
environmental  and  health  impacts resulting from the operation of such
major steam electric generating facility OR  MAJOR  ELECTRIC  GENERATING
FACILITY  OR  REPOWERING PROJECT and to enforce applicable provisions of
the public health LAW and [environmental conservation laws] THIS ARTICLE
and the terms and conditions of the certificate governing  the  environ-
mental  and  health  impacts resulting from such operation. In such case
all powers,  duties,  obligations  and  privileges  conferred  upon  the
department  by  this article shall devolve upon the New York state board
on electric generation siting and the environment.  In  considering  the
granting of permits, such board shall apply the provisions of this arti-
cle and the Act.
  S  4.  Paragraph j of subdivision 2 of section 19-0305 of the environ-
mental conservation law, as amended by chapter 525 of the laws of  1981,
is amended to read as follows:
  j.  Consider  for approval or disapproval applications for permits and
certificates including plans or  specifications  for  air  contamination
sources and air cleaning installations or any part thereof submitted [to
him  pursuant  to]  CONSISTENT  WITH  the  rules  of the department, and
inspect the installation for compliance with  the  plans  or  specifica-
tions;  provided  that  in the case of a major steam electric generating
facility, as defined in [either] FORMER section one hundred forty of the
public service law, for which a  certificate  is  required  pursuant  to
[either] THE FORMER article eight of [such] THE PUBLIC SERVICE law, OR A
MAJOR  ELECTRIC  GENERATING FACILITY OR REPOWERING PROJECT AS DEFINED IN
SECTION ONE HUNDRED SIXTY OF THE PUBLIC SERVICE LAW, FOR WHICH A CERTIF-
ICATE IS REQUIRED PURSUANT TO ARTICLE TEN OF  THE  PUBLIC  SERVICE  LAW,
such  approval  functions [shall] MAY be performed by the state board on
electric generation siting and the environment, as defined in [such] THE
PUBLIC SERVICE law, PURSUANT TO FEDERALLY DELEGATED OR APPROVED ENVIRON-
MENTAL PERMITTING AUTHORITY, and  such  inspection  functions  shall  be
performed  by  the  department[; provided further that nothing]. NOTHING
herein shall limit the authority  of  the  [departments]  DEPARTMENT  of
health  and  [environmental  conservation] THE DEPARTMENT to monitor the

S. 191                             20

environmental and health impacts resulting from the  operation  of  such
major  steam  electric  generating  facility  and  to enforce applicable
provisions of the public health LAW and [the environmental  conservation
laws]  THIS  CHAPTER  and  the  terms  and conditions of the certificate
governing the environmental and health impacts resulting from such oper-
ation.
  S 5. Paragraph (e) of subdivision 3 of section 49-0307 of the environ-
mental conservation law, as added by chapter 292 of the laws of 1984, is
amended to read as follows:
  (e) where land subject to a conservation easement or  an  interest  in
such  land  is  required for a major utility transmission facility which
has received a certificate of  environmental  compatibility  and  public
need  pursuant to article seven of the public service law or is required
for a major steam electric generating  facility  which  has  received  a
certificate [or] OF environmental compatibility and public need pursuant
to  THE FORMER article eight of the public service law, OR A MAJOR ELEC-
TRIC GENERATING FACILITY OR REPOWERING  PROJECT  WHICH  HAS  RECEIVED  A
CERTIFICATE  OF  ENVIRONMENTAL COMPATIBILITY AND PUBLIC NEED PURSUANT TO
ARTICLE TEN OF THE PUBLIC SERVICE LAW, upon the filing of  such  certif-
icate in a manner prescribed for recording a conveyance of real property
pursuant  to  section two hundred ninety-one of the real property law or
any other applicable provision of law, provided  that  such  certificate
contains  a  finding  that  the  public interest in the conservation and
protection of the natural resources, open spaces and  scenic  beauty  of
the Adirondack or Catskill parks has been considered.
  S 6. Section 1014 of the public authorities law, as amended by chapter
446 of the laws of 1972, is amended to read as follows:
  S  1014.  Public service law not applicable to authority; inconsistent
provisions in other acts superseded. The rates, services  and  practices
relating  to  the generation, transmission, distribution and sale by the
authority, of power to be generated from the projects authorized by this
title shall not be subject to the provisions of the public  service  law
nor  to  regulation by, nor the jurisdiction of the department of public
service. Except to the extent article seven of the  public  service  law
applies  to  the  siting  and  operation of a major utility transmission
facility as defined therein, AND ARTICLE TEN OF THE PUBLIC  SERVICE  LAW
APPLIES  TO SITING OF MAJOR ELECTRIC GENERATING FACILITIES OR REPOWERING
PROJECTS AS DEFINED THEREIN, and except to the extent section eighteen-a
of such law provides for assessment of the authority for  certain  costs
relating  thereto,  the  provisions of the public service law and of the
ENVIRONMENTAL conservation law and  every  other  law  relating  to  the
department  of public service or the public service commission or to the
[conservation] department OF ENVIRONMENTAL CONSERVATION or to the  func-
tions,  powers  or  duties  assigned  to the division of water power and
control by chapter six hundred nineteen, of the laws of nineteen hundred
twenty-six, shall so far as is necessary to make this title effective in
accordance with its terms and purposes be deemed to be  superseded,  and
wherever  any  provision  of  law  shall  be  found in conflict with the
provisions of this title or inconsistent with the purposes  thereof,  it
shall  be  deemed to be superseded, modified or repealed as the case may
require.
  S 7. Subdivision 1 of section 1020-s of the public authorities law, as
added by chapter 517 of the laws of 1986, is amended to read as follows:
  1. The rates, services  and  practices  relating  to  the  electricity
generated  by facilities owned or operated by the authority shall not be
subject to the provisions of the public service law or to regulation by,

S. 191                             21

or the jurisdiction of, the public service  commission,  except  to  the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) article [eight] TEN of such law applies to the siting of a MAJOR
ELECTRIC  generating  facility OR REPOWERING PROJECT as defined therein,
and (c) section eighteen-a of  such  law  provides  for  assessment  for
certain costs, property or operations.
  S  8. The state finance law is amended by adding a new section 99-t to
read as follows:
  S 99-T.  INTERVENOR ACCOUNT. 1. THERE IS  HEREBY  ESTABLISHED  IN  THE
JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE AN ACCOUNT TO BE KNOWN AS THE INTERVENOR ACCOUNT.
  2. SUCH ACCOUNT SHALL CONSIST OF ALL  REVENUES  RECEIVED  FROM  SITING
APPLICATION FEES FOR ELECTRIC GENERATING FACILITIES PURSUANT TO SECTIONS
ONE  HUNDRED  SIXTY-THREE,  ONE  HUNDRED  SIXTY-THREE-A  AND ONE HUNDRED
SIXTY-FOUR OF THE PUBLIC SERVICE LAW.
  3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE  LEGISLATURE,
MAY BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED
SIXTY-FOUR  OF  THE PUBLIC SERVICE LAW.  MONEYS SHALL BE PAID OUT OF THE
ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE  COMPTROLLER  ON  VOUCHERS
CERTIFIED OR APPROVED BY THE CHAIR OF THE PUBLIC SERVICE COMMISSION.
  S 9. Separability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  paragraph,  section  or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
  S 10. This act shall take effect immediately, provided that nothing in
this act shall be construed to limit any administrative authority,  with
respect  to  matters  included  in  this act, which existed prior to the
effective date of this act, and  provided  further  that  prior  to  the
effective  date  of the rules and regulations of the department of envi-
ronmental conservation relating to the analysis of environmental justice
issues pursuant to this act, the policies and guidelines of such depart-
ment relating thereto in effect at the  time  an  application  is  filed
shall be applied in lieu of such rules and regulations.

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