§ 160. 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 located in this state. 2. “Major electric generating facility” means an electric generating facility with a nameplate generating capacity of twenty-five thousand kilowatts or more, […]
§ 165. Hearing schedule. 1. After the receipt of an application filed pursuant to section one hundred sixty-four of this article, the chair of the board shall, within sixty days of such receipt, determine whether the application complies with such section and upon finding that the application so complies, fix a date for the commencement […]
§ 166. Parties to a certification proceeding. 1. The parties to the certification proceedings shall include: (a) The applicant; (b) The department of environmental conservation; (c) The department of economic development; (d) The department of health; (e) The department of agriculture and markets; (f) The New York state energy research and development authority; (g) The […]
§ 167. Conduct of hearing. 1. (a) 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 […]
§ 168. 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, including any briefs or exceptions to any recommended decision of such examiner or to any report of the associate examiner, and after hearing […]
§ 169. 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 requirement […]
§ 170. 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 a […]
§ 171. Jurisdiction of courts. Except as expressly set forth in section one hundred seventy 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 any […]
§ 172. 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 under this article by the board, require any approval, consent, permit, certificate or other condition for the construction or operation of a major electric generating facility with […]
§ 173. Applicability to public authorities. The power authority of the state of New York, the Green Island power authority and the Long Island power authority shall be subject to all provisions of this article for major electric generating facilities which any such authority builds or causes to be built. For generating facilities which are […]
