142 – Application for a Certificate.
* § 142. Application for a certificate. 1. An applicant for a certificate shall file with the chairman of the board an application, in such form as the board may prescribe containing the following information and materials: (a) a description of the site and a description of the facility to be built thereon; including available […]
143 – Hearing Schedule.
* § 143. Hearing schedule. 1. After the receipt of an application filed pursuant to section one hundred forty-two of this article, the chairman of the board shall, within sixty days of such receipt, determine whether the application complies with such section one hundred forty-two and upon finding that the application so complies, fix a […]
144 – Parties to a Certification Proceeding.
* § 144. Parties to a certification proceeding. 1. The parties to the certification proceedings shall include: (a) the applicant; (b) the department of environmental conservation, which shall in any such proceeding present expert testimony and information concerning the potential environmental impact of the proposed facility, and any alternate facility or energy source on the […]
145 – Conduct of Hearing.
* § 145. Conduct of hearing. 1. The hearing shall be conducted in an expeditious manner by a presiding examiner appointed by the department. An associate hearing examiner shall be appointed by the department of environmental conservation prior to the date set for commencement of the public hearing. The associate examiner shall attend all hearings […]
146 – Board Decisions.
* § 146. Board decisions. 1. The board shall make the final decision on an application under this article for a certificate or amendment thereof, upon the record made before the presiding examiner, after receiving briefs and exceptions to the recommended decision of such examiner and to the report of the associate examiner, and after […]
147 – Opinion to Be Issued With Decision.
* § 147. Opinion to be issued with decision. In rendering a decision on an application for a certificate, the board shall issue an opinion stating its reasons for the action taken. If the board has found that any local ordinance, law, resolution, regulation, or other action issued thereunder or any other local standard or […]
148 – Rehearing and Judicial Review.
* § 148. Rehearing and judicial review. 1. Any party aggrieved by the board’s decision denying or granting a certificate may apply to the board for a rehearing within thirty days after issuance of the aggrieving decision. Any such application shall be considered and decided by the board and any rehearing shall be completed and […]
149 – Jurisdiction of Courts.
* § 149. Jurisdiction of courts. Except as expressly set forth in section one hundred forty-eight of this article 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 […]
149-A – 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 by the board, require any approval, consent, permit, certificate or other condition for the construction or operation of a major steam electric generating […]
140*2 – Definitions.
* § 140. 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 steam electric generating facility” means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or […]