N.Y. Public Service Law 149-A*2 – Powers of municipalities and state agencies
* § 149-a. Powers of municipalities and state agencies. 1. Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may, except as expressly authorized by this article or the board, require any approval, consent, permit, certificate or other condition for the construction or operation of a major steam electric generating facility with respect to which an application for a certificate hereunder has been filed, other than those provided by otherwise applicable state law for the protection of employees engaged in the construction and operation of such facility, and provided that in the case of a municipality or an agency thereof, such municipality has received notice of the filing of the application therefor.
Terms Used In N.Y. Public Service Law 149-A*2
- Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of five persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of commerce and one of whom shall be an ad hoc member appointed by the governor, who shall be a resident of the judicial district in which the facility as primarily proposed is to be located. See N.Y. Public Service Law 140*2
- Certificate: means a certificate of environmental compatibility and public need issued by the board pursuant to this article. See N.Y. Public Service Law 140*2
- Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. Public Service Law 140*2
- Municipality: means a county, city, town or village in the state. See N.Y. Public Service Law 140*2
2. Neither the Hudson river valley commission, the St. Lawrence-eastern Ontario commission nor the Adirondack park agency shall hold public hearings for a major steam electric generating facility with respect to which an application hereunder has been filed, provided that such commission or agency has received notice of the filing of such application.
* NB Expired January 1, 1979
* NB Operative with regard to applications filed on or before December
31, 1978
* NB There are 2 § 149-a's