* § 141. Certificate of environmental compatibility and public need.
1. No persons shall, after July first, nineteen hundred seventy-two,
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 of environmental compatibility and public
need 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 July
first, nineteen hundred seventy-two, an application has been made for a
license, permit, 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 the construction of
which has been approved by a municipality or public benefit corporation
which has sold bonds or bond anticipation notes on or before July first,
nineteen hundred seventy-two the proceeds of or part of the proceeds of
which are to be used in payment therefor;

c. 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;

d. 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

e. 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 of capacity of which does not exceed two hundred thousand
kilowatts.

5. Any person intending to construct a major steam electric generating
facility excluded from this article pursuant to subdivision four 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, 1979

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

31, 1978

* NB There are 2 § 141's