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Board certificate
Public Service (PBS) CHAPTER 48, ARTICLE 8
* § 141. Board certificate. 1. On or after January first, nineteen
hundred seventy-nine, no person shall commence the preparation of a site
for, or begin the construction of a major steam electric generating
facility 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 conformity with such certificate and
any terms, limitations or conditions contained therein, provided that
nothing herein shall exempt 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 steam electric generating
facility 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 hereunder may be amended as herein provided.

4. This article shall not apply:

(a) To a major steam electric generating facility if, on or before
December thirty-first, nineteen hundred seventy-eight, 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 the major steam electric
generating facility has been designated by the applicant; or if the
facility is under construction at such time;

(b) To a major steam 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 normal repairs, replacements, modifications, and improvements
of a major steam 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 a major steam electric generating facility (i) constructed on
lands dedicated 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

(e) To a major steam electric generating facility which is constructed
by the Multi-Town Solid Waste Management Authority, having an electric
generating capacity not exceeding one hundred megawatts, or a facility
(i) which generates over fifty percent of its electricity from the
combustion of solid waste or from fuel derived from solid waste and (ii)
which has an electric generating capacity which does not exceed eighty

5. Any person intending to construct a major steam electric generating
facility excluded from this article pursuant to subdivision four of this
section may elect to waive such exclusion by delivering notice of such
waiver to the chairman of the board. This article shall thereafter apply
to each major steam electric generating facility identified in such
notice from the date of its receipt by the chairman of the board.

* NB Expired January 1, 1989

* NB Operative with regard to applications filed on or before December

31, 1988

* NB There are 2 § 141's