121 - Certificate of environmental compatibility and public need.

§ 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  "certificate")  issued  with  respect  to such  facility by the  commission.  The  replacement  of  existing  with  like  facilities,  as  determined  by the commission, shall not constitute the  construction of a major utility transmission facility. Any facility with  respect to which a certificate is required shall  thereafter  be  built,  maintained  and  operated  in  conformity  with such certificate and any  terms, limitations or conditions contained therein.   A certificate  may  only be issued pursuant to this article.    2.  A  certificate  may be transferred, subject to the approval of the  commission, to a person who agrees to comply with the terms, limitations  and conditions contained therein.    3. A certificate issued hereunder may be amended as herein provided.    4. This article shall not apply  to  any  major  utility  transmission  facility:    a.  For  which,  on  or before July first, nineteen hundred seventy an  application has been made for a license,  permit,  consent  or  approval  from any federal, state or local commission, agency, board or regulatory  body,   in   which   application  the  location  of  the  major  utility  transmission facility has been designated by the applicant;    b. The construction of which has been approved by  a  municipality  or  public  benefit  corporation  which  has sold bonds or bond anticipation  notes on or before July first, nineteen hundred seventy, the proceeds or  part of the proceeds of which are to be used in payment therefor; or    c. Over which any agency or department of the federal  government  has  exclusive  jurisdiction, or has jurisdiction concurrent with that of the  state  and  has  exercised  such  jurisdiction,  to  the  exclusion   of  regulation of the facility by the state.    5.  Any  person  intending  to  construct a major utility transmission  facility excluded from this article pursuant  to  subdivision  four  may  elect to waive such exclusion by delivering notice of such waiver to the  commission.  This  article  shall thereafter apply to each major utility  transmission facility identified in such notice from  the  date  of  its  receipt by the commission.