New York § 141 - 141Applicability related to siting major electric transmission facilities

§ 141. 141Applicability related to siting major electric transmission facilities

* § 141. Applicability related to siting major electric transmission facilities. 1. Except as provided in paragraph (b) of subdivision five of this section, no person shall commence the preparation of a site for, or begin the construction of, a major electric transmission facility in the state without having first obtained a siting permit pursuant to this article. Any major electric transmission facility subject to this article with respect to which a siting permit is issued shall not thereafter be built, maintained, or operated except in conformity with such siting permit and any terms, limitations, or conditions contained therein, provided that nothing in this subdivision shall exempt such facility from compliance with federal laws and regulations. 2. A major electric transmission facility siting permit issued by ORES may be transferred or assigned, subject to the prior written approval of the office of renewable energy siting and electric transmissions, to a person that agrees to comply with the terms, limitations and conditions contained in such siting major electric transmission facility permit. 3. ORES or a permittee may initiate an amendment to a major electric transmission facility siting permit under this section. An amendment initiated by ORES or a permittee that is likely to result in any material increase in any adverse environmental impact or involves a substantial change to the terms or conditions of a major electric transmission facility siting permit shall comply with the public notice and hearing requirements of this section. 4. Any hearings or dispute resolution proceedings initiated under this article or pursuant to rules or regulations promulgated pursuant to this section may be conducted by the executive director of ORES or any person to whom the executive director shall delegate the power and authority to conduct such hearings or proceedings in the name of ORES at any time and place. 5. This section shall not apply: (a) to any major electric transmission 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; provided, however, that nothing herein shall be construed to expand federal jurisdiction; (b) to normal repairs, maintenance, replacements, non-material modifications and improvements of a major electric transmission facility subject to this article, whenever built, which are performed in the ordinary course of business and which do not constitute a violation of any applicable existing permit; and (c) to a major electric transmission facility for which an application pursuant to article VII of this chapter and its implementing regulations is submitted on or before the establishment of the uniform standards and conditions required pursuant to subdivision one of section one hundred forty-one of this article. 6. After the effective date of this section, any person intending to construct a major electric transmission facility excluded from this section pursuant to paragraph (c) of subdivision five of this section may elect to become subject to the provisions of this section by filing an application for a major electric transmission facility siting permit pursuant to the regulations of ORES governing such applications. * NB Repealed December 31, 2040