17-0823 - Power plant siting.
§ 17-0823. Power plant siting. In the case of a major steam electric generating facility, as defined in section one hundred forty of the public service law, for the construction or operation of which a certificate is required under article eight of such law, an applicant shall apply for and obtain such certificate in lieu of filing an application and obtaining a permit under this article. Any reference in this article to a permit shall, in the case of such major steam electric generating facility, be deemed for all purposes to refer to such certificate, provided that nothing herein shall limit the authority of the departments of health and environmental conservation to monitor the environmental and health impacts resulting from the operation of such major steam electric generating facility and to enforce applicable provisions of the public health and environmental conservation laws and the terms and conditions of the certificate governing the environmental and health impacts resulting from such operation. In such case all powers, duties, obligations and privileges conferred upon the department by this article shall devolve upon the New York state board on electric generation siting and the environment. In considering the granting of permits, such board shall apply the provisions of this article and the Act.