New York § 140 - 140Applicability related to siting major renewable energy facilities

§ 140. 140Applicability related to siting major renewable energy facilities

* § 140. Applicability related to siting major renewable energy facilities. 1. No person shall commence the preparation of a site for, or begin the construction of, a major renewable energy facility in the state, or increase the capacity of an existing major renewable energy facility, without having first obtained a major renewable energy facility siting permit pursuant to this article. Any major renewable energy 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 major renewable energy facility 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 renewable energy 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 major renewable energy facility siting permit. 3. ORES or a permittee may initiate an amendment to a major renewable energy 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 renewable energy 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 normal repairs, maintenance, replacements, non-material modifications and improvements of a major renewable energy 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 (b) to a major renewable energy facility if, on or before the effective date of this article, an application has been made or granted for a license, permit, certificate, consent or approval from any federal, state or local commission, agency, board or regulatory body. * NB Repealed December 31, 2040