§ 120. Definitions. Where used in this article, the following terms, unless the context otherwise requires, shall have the following meanings. 1. “Municipality” means a county, city, town or village in the state. 2. “Major utility transmission facility” means: (a) an electric transmission line of a design capacity of one hundred twenty-five kilovolts or more […]
§ 121. Certificate of environmental compatibility and public need. 1. No person shall, after July first, nineteen hundred seventy, commence the preparation of the site for the construction of a major utility transmission facility in the state without having first obtained a certificate of environmental compatibility and public need (hereafter in this article called a […]
§ 121-a. Procedures with respect to certain fuel gas transmission lines. 1. All persons who intend to construct fuel gas transmission lines as described in this section shall file with the commission for its approval the standards and practices which will be applied to environmental management and construction of all such lines or shall file […]
§ 122. Application for a certificate. 1. An applicant for a certificate shall file with the commission an application, in such form as the commission may prescribe, containing the following information: (a) the location of the site or right-of-way; (b) a description of the transmission facility to be built thereon; (c) a summary of any […]
§ 123. Hearing on application for certificate. 1. Upon the receipt of an application with respect to an electric transmission line that complies with section one hundred twenty-two, the commission shall promptly fix a date for the commencement of a public hearing thereon not less than sixty nor more than ninety days after such receipt. […]
§ 124. Parties to certification proceedings. 1. The parties to the certification proceedings shall include: (a) the applicant (b) the department of environmental conservation (c) the department of commerce (d) the secretary of state. (e) the department of agriculture and markets. (f) the office of parks, recreation and historic preservation. (g) where the facility or […]
§ 125. Conduct of the hearing. A record shall be made of the hearing and of all testimony taken and the cross-examinations thereon. The rules of evidence applicable to proceedings before a court shall not apply. The commission may provide for the consolidation of the representation of parties, other than governmental bodies or agencies, having […]
§ 126. The decision. 1. The commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, limitations or modifications of the construction or operation of the facility as the commission may deem appropriate. If the commission denies the application, it shall file, […]
§ 127. Opinion to be issued with decision. In rendering a decision on an application for a certificate, the commission may issue an opinion stating its reasons for the action taken. If the commission has found that any local ordinance, law, resolution, regulation, or other action issued thereunder or any other local standard or requirement […]
§ 128. Judicial review. 1. Any party aggrieved by any order issued on an application for a certificate may apply for a rehearing under section twenty-two within thirty days after issuance of the order and thereafter obtain judicial review of such order in a proceeding as provided in this section. Such proceeding shall be brought […]
§ 129. Jurisdiction of courts. Except as expressly set forth in section one hundred twenty-eight and except for review by the court of appeals of a decision of the appellate division of the supreme court as provided for therein, no court of this state shall have jurisdiction to hear or determine any matter, case or […]
§ 130. Powers of municipalities and state agencies. Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may require any approval, consent, permit, certificate or other condition for the construction or operation of a major facility with respect to which an application for a certificate hereunder has been issued, other […]
