S T A T E   O F   N E W   Y O R K
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                                  7122

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 13, 2011
                               ___________

Introduced  by M. of A. AMEDORE -- read once and referred to the Commit-
  tee on Energy

AN ACT to amend the public service law,  in  relation  to  siting  major
  electric  generating  facilities; to amend the environmental conserva-
  tion law, in relation to making certain conforming changes relating to
  the siting of major  electric  generating  facilities;  to  amend  the
  public authorities law, in relation to making provisions of law relat-
  ing  to  the siting of major electric generating facilities applicable
  to the power authority of the state of New York and  the  Long  Island
  power  authority;  and  to amend the state finance law, in relation to
  establishing the electric generating facilities intervenor account

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The public service law is amended by adding a new article
10 to read as follows:

                               ARTICLE 10
                        SITING OF MAJOR ELECTRIC
                          GENERATING FACILITIES
SECTION 160. DEFINITIONS.
        161. GENERAL PROVISIONS RELATING TO THE BOARD.
        162. BOARD CERTIFICATE.
        163. PRE-APPLICATION PROCEDURES.
        163-A. REPOWERING PROJECTS.
        164. APPLICATION FOR A CERTIFICATE.
        165. HEARING SCHEDULE.
        166. PARTIES TO A CERTIFICATION PROCEEDING.
        167. CONDUCT OF HEARING.
        168. BOARD DECISIONS.
        169. OPINION TO BE ISSUED WITH DECISION.
        170. REHEARING AND JUDICIAL REVIEW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10485-02-1
              

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        171. JURISDICTION OF COURTS.
        172. POWERS OF MUNICIPALITIES AND STATE AGENCIES.
  S  160. DEFINITIONS.  WHERE USED IN THIS ARTICLE, THE FOLLOWING TERMS,
UNLESS THE CONTEXT OTHERWISE REQUIRES, SHALL HAVE  THE  FOLLOWING  MEAN-
INGS:
  1.  "MUNICIPALITY"  MEANS  A  COUNTY, CITY, TOWN OR VILLAGE LOCATED IN
THIS STATE.
  2. "MAJOR ELECTRIC GENERATING FACILITY" MEANS AN  ELECTRIC  GENERATING
FACILITY  THAT IS OPERATED AT A TOTAL NET GENERATING OUTPUT TO THE ELEC-
TRIC SYSTEM OF EIGHTY THOUSAND KILOWATTS OR  MORE,  INCLUDING  INTERCON-
NECTION ELECTRIC TRANSMISSION LINES AND FUEL GAS TRANSMISSION LINES THAT
ARE  NOT  SUBJECT  TO REVIEW UNDER ARTICLE SEVEN OF THIS CHAPTER, EXCEPT
SUCH TERM SHALL NOT INCLUDE WIND GENERATION FACILITIES  LOCATED  IN  THE
COUNTY OF LEWIS, WHICH SHALL BE SUBJECT TO THE REQUIREMENTS OF THE STATE
ENVIRONMENTAL QUALITY REVIEW ACT.
  3.  "PERSON"  MEANS  ANY  INDIVIDUAL,  CORPORATION,  LIMITED LIABILITY
COMPANY, PUBLIC BENEFIT CORPORATION, POLITICAL SUBDIVISION, GOVERNMENTAL
AGENCY, MUNICIPALITY, PARTNERSHIP, CO-OPERATIVE  ASSOCIATION,  TRUST  OR
ESTATE.
  4.  "BOARD"  MEANS  THE  NEW  YORK  STATE BOARD ON ELECTRIC GENERATION
SITING AND THE ENVIRONMENT, WHICH SHALL BE IN THE DEPARTMENT AND CONSIST
OF SEVEN PERSONS:  THE CHAIRMAN OF THE DEPARTMENT, WHO  SHALL  SERVE  AS
CHAIRMAN  OF  THE BOARD; THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION;
THE COMMISSIONER OF HEALTH; THE CHAIRMAN OF THE NEW  YORK  STATE  ENERGY
RESEARCH  AND DEVELOPMENT AUTHORITY; THE COMMISSIONER OF ECONOMIC DEVEL-
OPMENT AND TWO AD HOC PUBLIC MEMBERS APPOINTED BY THE GOVERNOR.  ONE  AD
HOC  PUBLIC MEMBER SHALL BE A RESIDENT OF THE JUDICIAL DISTRICT IN WHICH
THE FACILITY AS PROPOSED IS TO BE LOCATED AND ONE AD HOC  PUBLIC  MEMBER
SHALL  BE  A RESIDENT OF THE COUNTY IN WHICH THE FACILITY AS PROPOSED IS
TO BE LOCATED. THE TERM OF THE AD HOC MEMBERS  SHALL  CONTINUE  UNTIL  A
FINAL  DETERMINATION IS MADE IN THE PARTICULAR PROCEEDING FOR WHICH THEY
WERE APPOINTED.
  5. "CERTIFICATE" MEANS A CERTIFICATE  OF  ENVIRONMENTAL  COMPATIBILITY
AND  PUBLIC NEED AUTHORIZING THE CONSTRUCTION OF A MAJOR ELECTRIC GENER-
ATING FACILITY ISSUED BY THE BOARD PURSUANT TO THIS ARTICLE.
  6. "APPROVED PROCUREMENT PROCESS" MEANS ANY ELECTRIC CAPACITY PROCURE-
MENT PROCESS APPROVED BY THE COMMISSION AND SUBSEQUENT TO MAY FIRST, TWO
THOUSAND TWELVE, APPROVED BY THE  COMMISSION  AS  REASONABLY  CONSISTENT
WITH  THE  MOST RECENT STATE ENERGY PLAN ADOPTED PURSUANT TO ARTICLE SIX
OF THE ENERGY LAW.
  S 161. GENERAL PROVISIONS RELATING TO THE BOARD. UPON  RECEIPT  OF  AN
APPLICATION  UNDER  THIS  ARTICLE, THE CHAIRPERSON SHALL PROMPTLY NOTIFY
THE GOVERNOR. WITHIN THIRTY DAYS OF SUCH NOTIFICATION THE GOVERNOR SHALL
APPOINT THE AD HOC MEMBERS. FOUR OF THE SEVEN PERSONS ON THE BOARD SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS  OF  THE  BOARD,
AND THE DECISION OF FOUR MEMBERS OF THE BOARD SHALL CONSTITUTE ACTION OF
THE  BOARD.   THE BOARD, EXCLUSIVE OF THE AD HOC MEMBERS, SHALL HAVE THE
POWER TO ADOPT RULES AND REGULATIONS RELATING TO THE  PROCEDURES  TO  BE
USED  IN  CERTIFYING  FACILITIES  UNDER  THE PROVISIONS OF THIS ARTICLE,
INCLUDING THE SUSPENSION OR REVOCATION THEREOF, AND SHALL  FURTHER  HAVE
THE  POWER  TO  SEEK  DELEGATION FROM THE FEDERAL GOVERNMENT PURSUANT TO
FEDERAL REGULATORY PROGRAMS APPLICABLE TO THE SITING OF  MAJOR  ELECTRIC
GENERATING  FACILITIES.  THE  CHAIRPERSON,  AFTER  CONSULTATION WITH THE
OTHER MEMBERS OF THE BOARD EXCLUSIVE OF THE AD HOC MEMBERS,  SHALL  HAVE
EXCLUSIVE JURISDICTION TO ISSUE DECLARATORY RULINGS REGARDING THE APPLI-
CABILITY  OF,  OR  ANY  OTHER QUESTION UNDER, THIS ARTICLE AND RULES AND

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REGULATIONS ADOPTED HEREUNDER. REGULATIONS  ADOPTED  BY  THE  BOARD  MAY
PROVIDE  FOR  RENEWAL  APPLICATIONS  FOR POLLUTANT CONTROL PERMITS TO BE
SUBMITTED TO AND ACTED UPON BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION FOLLOWING COMMERCIAL OPERATION OF A CERTIFIED FACILITY.
  IN  ADDITION TO THE REQUIREMENTS OF THE PUBLIC OFFICERS LAW, NO PERSON
SHALL BE ELIGIBLE TO BE AN APPOINTEE OF THE GOVERNOR TO  THE  BOARD  WHO
HOLDS  ANOTHER  STATE OR LOCAL OFFICE. NO MEMBER OF THE BOARD MAY RETAIN
OR HOLD ANY OFFICIAL RELATION TO, OR ANY SECURITIES OF AN ELECTRIC UTIL-
ITY CORPORATION OPERATING IN THE STATE OR PROPOSED FOR OPERATION IN  THE
STATE,  ANY  AFFILIATE  THEREOF OR ANY OTHER COMPANY, FIRM, PARTNERSHIP,
CORPORATION, ASSOCIATION OR  JOINT-STOCK  ASSOCIATION  THAT  MAY  APPEAR
BEFORE  THE BOARD, NOR SHALL EITHER OF THE APPOINTEES HAVE BEEN A DIREC-
TOR, OFFICER OR, WITHIN THE PREVIOUS TEN  YEARS,  AN  EMPLOYEE  THEREOF.
THE  APPOINTEES  OF  THE  GOVERNOR  SHALL RECEIVE THE SUM OF TWO HUNDRED
DOLLARS FOR EACH DAY IN WHICH THEY ARE ACTUALLY ENGAGED IN THE  PERFORM-
ANCE  OF THEIR DUTIES PURSUANT TO THIS ARTICLE PLUS ACTUAL AND NECESSARY
EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF SUCH DUTIES. THE  CHAIR-
PERSON  SHALL  PROVIDE  SUCH PERSONNEL, HEARING EXAMINERS, SUBORDINATES,
EMPLOYEES AND SUCH LEGAL,  TECHNOLOGICAL,  SCIENTIFIC,  ENGINEERING  AND
OTHER  SERVICES  AND SUCH MEETING ROOMS, HEARING ROOMS AND OTHER FACILI-
TIES AS MAY BE REQUIRED IN PROCEEDINGS UNDER THIS ARTICLE. THE BOARD MAY
PROVIDE FOR ITS OWN REPRESENTATION AND APPEARANCE  IN  ALL  ACTIONS  AND
PROCEEDINGS INVOLVING ANY QUESTION UNDER THIS ARTICLE. THE DEPARTMENT OF
ENVIRONMENTAL  CONSERVATION  SHALL  PROVIDE ASSOCIATE HEARING EXAMINERS.
EACH MEMBER OF THE BOARD OTHER THAN THE APPOINTEES OF THE  GOVERNOR  MAY
DESIGNATE  AN  ALTERNATE  TO SERVE INSTEAD OF THE MEMBER WITH RESPECT TO
ALL PROCEEDINGS PURSUANT TO THIS ARTICLE. SUCH DESIGNATION SHALL  BE  IN
WRITING AND FILED WITH THE CHAIRMAN.
  S 162. BOARD CERTIFICATE. 1.  NO PERSON SHALL COMMENCE THE PREPARATION
OF  A SITE FOR, OR BEGIN THE CONSTRUCTION OF A MAJOR ELECTRIC GENERATING
FACILITY IN THE STATE WITHOUT HAVING FIRST OBTAINED A CERTIFICATE ISSUED
WITH RESPECT TO SUCH FACILITY BY  THE  BOARD.  ANY  SUCH  FACILITY  WITH
RESPECT  TO WHICH A CERTIFICATE IS ISSUED SHALL NOT THEREAFTER BE BUILT,
MAINTAINED OR OPERATED EXCEPT IN CONFORMITY WITH  SUCH  CERTIFICATE  AND
ANY  TERMS,  LIMITATIONS  OR CONDITIONS CONTAINED THEREIN, PROVIDED THAT
NOTHING IN THIS ARTICLE SHALL EXEMPT SUCH FACILITY FROM COMPLIANCE  WITH
STATE LAW AND REGULATIONS THEREUNDER SUBSEQUENTLY ADOPTED OR WITH MUNIC-
IPAL   LAWS   AND  REGULATIONS  THEREUNDER  NOT  INCONSISTENT  WITH  THE
PROVISIONS OF SUCH CERTIFICATE.  A  CERTIFICATE  FOR  A  MAJOR  ELECTRIC
GENERATING FACILITY MAY BE ISSUED ONLY PURSUANT TO THIS ARTICLE.
  2.  A  CERTIFICATE  MAY BE TRANSFERRED, SUBJECT TO THE APPROVAL OF THE
BOARD, TO A PERSON WHO AGREES TO COMPLY WITH THE TERMS, LIMITATIONS  AND
CONDITIONS CONTAINED THEREIN.
  3.  A  CERTIFICATE  ISSUED  PURSUANT TO THIS ARTICLE MAY BE AMENDED AS
PROVIDED IN THIS ARTICLE.
  4. THIS ARTICLE SHALL NOT APPLY:
  (A) TO A MAJOR ELECTRIC GENERATING FACILITY 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;
  (B) TO NORMAL REPAIRS, REPLACEMENTS, MODIFICATIONS AND IMPROVEMENTS OF
A MAJOR ELECTRIC GENERATING  FACILITY,  WHENEVER  BUILT,  WHICH  DO  NOT
CONSTITUTE  A VIOLATION OF ANY CERTIFICATE ISSUED UNDER THIS ARTICLE AND
WHICH DO NOT RESULT IN AN INCREASE IN CAPACITY OF THE FACILITY  OF  MORE
THAN FIFTY THOUSAND KILOWATTS; OR

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  (C)  TO  A MAJOR ELECTRIC GENERATING FACILITY (I) CONSTRUCTED ON LANDS
DEDICATED TO INDUSTRIAL USES, (II) THE OUTPUT OF  WHICH  SHALL  BE  USED
SOLELY  FOR INDUSTRIAL PURPOSES, ON THE PREMISES, AND (III) THE GENERAT-
ING CAPACITY OF WHICH DOES NOT EXCEED TWO HUNDRED THOUSAND KILOWATTS.
  5.  ANY  PERSON  INTENDING  TO  CONSTRUCT  A MAJOR ELECTRIC GENERATING
FACILITY EXCLUDED FROM THIS ARTICLE PURSUANT TO PARAGRAPH (B) OR (C)  OF
SUBDIVISION  FOUR  OF  THIS  SECTION  MAY ELECT TO BECOME SUBJECT TO THE
PROVISIONS OF THIS ARTICLE BY DELIVERING NOTICE OF SUCH ELECTION TO  THE
CHAIRMAN OF THE BOARD. THIS ARTICLE SHALL THEREAFTER APPLY TO EACH ELEC-
TRIC  GENERATING FACILITY IDENTIFIED IN SUCH NOTICE FROM THE DATE OF ITS
RECEIPT BY THE CHAIRMAN OF THE BOARD. FOR THE PURPOSES OF THIS  ARTICLE,
EACH  SUCH FACILITY SHALL BE TREATED IN THE SAME MANNER AS A MAJOR ELEC-
TRIC GENERATING FACILITY AS DEFINED IN THIS ARTICLE.
  S 163. PRE-APPLICATION PROCEDURES. 1. ANY PERSON PROPOSING  TO  SUBMIT
AN  APPLICATION  FOR  A  CERTIFICATE SHALL FILE WITH THE CHAIRMAN OF THE
BOARD A PRELIMINARY SCOPING STATEMENT CONTAINING A BRIEF DISCUSSION,  ON
THE BASIS OF AVAILABLE INFORMATION, OF THE FOLLOWING ITEMS:
  (A)  DESCRIPTION  OF  THE  PROPOSED  FACILITY  AND  ITS  ENVIRONMENTAL
SETTING;
  (B) POTENTIAL ENVIRONMENTAL IMPACTS FROM THE CONSTRUCTION AND/OR OPER-
ATION OF THE PROPOSED FACILITY;
  (C) ANY PROPOSED STUDY OR PROGRAM  OF  STUDIES  DESIGNED  TO  EVALUATE
POTENTIAL ENVIRONMENTAL IMPACTS;
  (D) ANY MEASURES PROPOSED TO MINIMIZE ENVIRONMENTAL IMPACTS;
  (E)  REASONABLE  ALTERNATIVES  TO  THE  PROPOSED  FACILITY  AS  MAY BE
REQUIRED BY PARAGRAPH (B) OF SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED
SIXTY-FOUR OF THIS ARTICLE;
  (F)  IF  THE FACILITY IS PROPOSED TO BE LOCATED IN THE COASTAL AREA, A
PRELIMINARY ANALYSIS OF THE CONSISTENCY OF THE  PROPOSED  FACILITY  WITH
THE  APPLICABLE  COASTAL  POLICIES OF ARTICLE FORTY-TWO OF THE EXECUTIVE
LAW, OR WHEN THE ACTION IS IN AN APPROVED LOCAL  WATERFRONT  REVITALIZA-
TION  PROGRAM  AREA,  WITH  THE  LOCAL PROGRAM. IF THE PROPOSED FACILITY
COULD AFFECT ANY LAND OR WATER USE OR NATURAL RESOURCE  OF  THE  COASTAL
AREA  AND  FEDERAL AUTHORIZATION IS NECESSARY, A PRELIMINARY ANALYSIS OF
THE CONSISTENCY OF THE PROPOSED FACILITY WITH THE  ENFORCEABLE  POLICIES
OF  THE  NEW YORK STATE COASTAL MANAGEMENT PROGRAM OR WHEN THE ACTION IS
IN AN APPROVED LOCAL WATERFRONT REVITALIZATION PROGRAM  AREA,  WITH  THE
LOCAL PROGRAM; AND
  (G)  ANY  OTHER INFORMATION THAT MAY BE RELEVANT OR THAT THE BOARD MAY
REQUIRE.
  1-A. EACH PRELIMINARY SCOPING STATEMENT SHALL BE ACCOMPANIED BY A  FEE
OF  FIFTY  THOUSAND  DOLLARS  TO BE DEPOSITED IN THE ELECTRIC GENERATING
FACILITIES  INTERVENOR  ACCOUNT,   ESTABLISHED   PURSUANT   TO   SECTION
NINETY-SEVEN-KKKK  OF  THE  STATE FINANCE LAW, AND SHALL BE DISBURSED AT
THE BOARD'S DIRECTION TO DEFRAY EXPENSES INCURRED BY MUNICIPAL AND OTHER
LOCAL, INTERESTED PERSONS (EXCEPT A MUNICIPALITY WHICH IS THE APPLICANT)
FOR CONSULTANTS' FEES TO EVALUATE THE PRELIMINARY SCOPING STATEMENT  AND
ANALYZE  THE METHODOLOGY AND SCOPE OF ANY STUDY OR PROGRAM OF STUDIES TO
BE UNDERTAKEN BY THE APPLICANT IN SUPPORT OF ITS APPLICATION. SUCH FUNDS
SHALL BE MADE AVAILABLE ON AN EQUITABLE BASIS IN A MANNER WHICH  FACILI-
TATES  BROAD  PUBLIC  PARTICIPATION  IN THE PRE-APPLICATION PROCESS. ANY
UNUSED FUNDS SHALL BE MADE AVAILABLE AND DISBURSED  IN  ACCORDANCE  WITH
THE  PROVISIONS  OF SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-FOUR OF
THIS ARTICLE IF AN APPLICATION IS FILED OR, IF THE  PRELIMINARY  SCOPING
STATEMENT  IS  WITHDRAWN, RETURNED TO THE APPLICANT. NOTWITHSTANDING ANY

A. 7122                             5

OTHER PROVISION OF LAW TO THE CONTRARY, THE BOARD MAY PROVIDE  BY  RULES
AND REGULATIONS FOR DISBURSEMENTS FROM THE FUND FOR THE STATED PURPOSES.
  2. SUCH PERSON SHALL SERVE COPIES OF THE PRELIMINARY SCOPING STATEMENT
ON PERSONS ENUMERATED IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION ONE
HUNDRED  SIXTY-FOUR OF THIS ARTICLE AND PROVIDE NOTICE OF SUCH STATEMENT
AS PROVIDED IN PARAGRAPH (B) OF SUCH SUBDIVISION.
  3. TO FACILITATE  THE  APPLICATION  PROCESS  AND  ENABLE  CITIZENS  TO
PARTICIPATE  IN  DECISIONS  THAT  AFFECT THEIR HEALTH AND SAFETY AND THE
ENVIRONMENT, THE DEPARTMENT  SHALL  PROVIDE  OPPORTUNITIES  FOR  CITIZEN
INVOLVEMENT.  SUCH  OPPORTUNITIES  SHALL ENCOURAGE CONSULTATION WITH THE
PUBLIC EARLY IN THE APPLICATION PROCESS, ESPECIALLY BEFORE  ANY  PARTIES
ENTER  A  STIPULATION  PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. THE
PRIMARY GOALS OF THE CITIZEN PARTICIPATION PROCESS SHALL BE  TO  FACILI-
TATE  COMMUNICATION  BETWEEN  THE  APPLICANT  AND INTERESTED OR AFFECTED
PERSONS. THE PROCESS SHALL FOSTER THE ACTIVE INVOLVEMENT OF  THE  INTER-
ESTED OR AFFECTED PERSONS.
  4.  SUCH  PERSON  MAY  CONSULT  AND SEEK AGREEMENT WITH ANY INTERESTED
PERSON, INCLUDING, BUT NOT LIMITED TO, THE STAFF OF THE DEPARTMENT,  THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION, THE DEPARTMENT OF STATE AND
THE DEPARTMENT OF HEALTH, AS  APPROPRIATE,  AS  TO  ANY  ASPECT  OF  THE
PRELIMINARY  SCOPING  STATEMENT AND ANY STUDY OR PROGRAM OF STUDIES MADE
OR TO BE MADE TO SUPPORT SUCH APPLICATION. THE STAFF OF THE  DEPARTMENT,
THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF STATE,
THE DEPARTMENT OF HEALTH, THE PERSON PROPOSING TO FILE  AN  APPLICATION,
AND  ANY  OTHER  INTERESTED  PERSON MAY ENTER INTO A STIPULATION SETTING
FORTH AN AGREEMENT ON ANY ASPECT OF THE  PRELIMINARY  SCOPING  STATEMENT
AND  THE  STUDIES OR PROGRAM OF STUDIES TO BE CONDUCTED. ANY SUCH PERSON
PROPOSING TO SUBMIT AN APPLICATION FOR A CERTIFICATE SHALL SERVE A  COPY
OF THE PROPOSED STIPULATION UPON ALL PERSONS ENUMERATED IN PARAGRAPH (A)
OF  SUBDIVISION  TWO  OF SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE,
PROVIDE NOTICE OF SUCH STIPULATION TO THOSE PERSONS IDENTIFIED IN  PARA-
GRAPH (B) OF SUCH SUBDIVISION, AND AFFORD THE PUBLIC A REASONABLE OPPOR-
TUNITY  TO  SUBMIT  COMMENTS ON THE STIPULATION BEFORE IT IS EXECUTED BY
THE INTERESTED PARTIES. NOTHING IN THIS SUBDIVISION, HOWEVER, SHALL  BAR
ANY  PARTY  TO  A  HEARING  ON AN APPLICATION, OTHER THAN ANY PARTY TO A
PRE-APPLICATION STIPULATION,  FROM  TIMELY  RAISING  OBJECTIONS  TO  ANY
ASPECT  OF  THE  PRELIMINARY  SCOPING  STATEMENT AND THE METHODOLOGY AND
SCOPE OF ANY STIPULATED STUDIES OR PROGRAM OF STUDIES IN ANY SUCH AGREE-
MENT. IN ORDER TO ATTEMPT TO RESOLVE ANY QUESTIONS THAT MAY ARISE  AS  A
RESULT  OF SUCH CONSULTATION, THE BOARD MAY DESIGNATE A HEARING EXAMINER
WHO SHALL MEDIATE ANY ISSUE RELATING TO ANY ASPECT  OF  THE  PRELIMINARY
SCOPING  STATEMENT  AND THE METHODOLOGY AND SCOPE OF ANY SUCH STUDIES OR
PROGRAMS OF STUDY.
  S 163-A. REPOWERING PROJECTS. 1. FOR PURPOSES  OF  THIS  SECTION,  THE
TERM  "REPOWERING  PROJECT"  MEANS  A MAJOR ELECTRIC GENERATING FACILITY
THAT PROPOSES TO ENTIRELY OR PARTIALLY REPLACE AN EXISTING  MAJOR  ELEC-
TRIC  GENERATING  FACILITY  IN  SUBSTANTIALLY  THE  SAME LOCATION AS THE
EXISTING FACILITY WHERE SUCH PROPOSED FACILITY:
  (A) RESULTS IN A DECREASE IN THE RATE OF  EMISSIONS  OF  EACH  OF  THE
FOLLOWING  ON  A POUNDS PER MEGAWATT-HOUR BASIS: (I) OXIDES OF NITROGEN,
(II) OXIDES OF SULFUR, AND  (III)  PARTICULATE  MATTER.  THE  PERCENTAGE
REDUCTIONS  IN THE RATE OF SUCH EMISSIONS SHALL BE CALCULATED BY COMPAR-
ING THE ANNUALIZED POTENTIAL TO EMIT OF THE EXISTING FACILITY (EXPRESSED
IN POUNDS PER MEGAWATT-HOUR) AT THE  TIME  THE  APPLICATION  UNDER  THIS
ARTICLE  IS  FILED WITH THE CHAIRMAN AND THE FUTURE ANNUALIZED POTENTIAL
TO EMIT OF THE MODIFIED FACILITY OR OF THE COMBINATION OF  THE  EXISTING

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AND  NEW  FACILITY (EXPRESSED IN POUNDS PER MEGAWATT-HOUR AND BASED UPON
REASONABLY EXPECTED OPERATING CONDITIONS) PROPOSED IN THE APPLICATION;
  (B)  EMPLOYS  AIR  POLLUTION  CONTROL  TECHNOLOGY CONSISTENT WITH THAT
NECESSARY  TO  MEET  BEST  AVAILABLE  CONTROL  TECHNOLOGY  STANDARDS  OR
ACHIEVES THE LOWEST ACHIEVABLE EMISSIONS RATE;
  (C)  WHEN  A  COOLING  WATER INTAKE STRUCTURE IS PLANNED, INCORPORATES
COOLING WATER INTAKE STRUCTURE TECHNOLOGY CONSISTENT WITH THE BEST TECH-
NOLOGY AVAILABLE STANDARDS APPLICABLE TO NEW COOLING WATER INTAKE STRUC-
TURES (AS REFLECTED IN THE STATE POLLUTION DISCHARGE ELIMINATION  SYSTEM
PERMIT ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION); AND
  (D)  REPLACES  EXISTING  GENERATING  CAPACITY WITH GENERATING CAPACITY
THAT HAS A LOWER HEAT RATE.
  2. ANY PERSON PROPOSING TO UNDERTAKE A REPOWERING PROJECT MAY ELECT TO
FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION AS AN ALTERNATIVE TO THE
REQUIREMENTS SET FORTH IN  SECTIONS  ONE  HUNDRED  SIXTY-THREE  AND  ONE
HUNDRED  SIXTY-FOUR  OF  THIS  ARTICLE.  SUCH PERSON SHALL FILE WITH THE
CHAIRPERSON OF THE BOARD AN APPLICATION, IN A FORM TO BE  DETERMINED  BY
THE  BOARD,  THAT  CONTAINS, AT A MINIMUM, THE FOLLOWING INFORMATION AND
MATERIALS:
  (A) A DESCRIPTION OF THE SITE, INCLUDING  ITS  ENVIRONMENTAL  SETTING,
AND  A DESCRIPTION OF THE REPOWERING PROJECT, INCLUDING, BUT NOT LIMITED
TO, AVAILABLE SITE INFORMATION, MAPS, AND DESCRIPTIONS;
  (B) ANALYSES THAT HAVE BEEN MADE OF (I) THE ENVIRONMENTAL  IMPACTS  OF
THE EXISTING ELECTRIC GENERATING FACILITY; (II) CONCEPTUAL ARCHITECTURAL
AND  ENGINEERING PLANS INDICATING COMPATIBILITY OF THE FACILITY WITH THE
ENVIRONMENT; AND (III) THE EXPECTED ENVIRONMENTAL IMPACTS OF THE  REPOW-
ERING  PROJECT,  INCLUDING,  BUT NOT LIMITED TO, THE GENERATION OF SOLID
WASTES, AIR EMISSIONS, DISCHARGES INTO NAVIGABLE WATERS AND GROUNDWATER,
IMPACTS UPON WETLANDS, AND VISUAL IMPACTS, THE PROBABLE LEVEL  OF  NOISE
DURING  CONSTRUCTION  AND  OPERATION  OF THE REPOWERING PROJECT, AND ANY
MEASURES FOR CONTROL, ABATEMENT, OR MITIGATION OF SUCH IMPACTS, AND  THE
COMPATIBILITY OF THE REPOWERING PROJECT WITH EXISTING FEDERAL, STATE AND
MUNICIPAL ENVIRONMENTAL, HEALTH AND SAFETY STANDARDS;
  (C)  SUCH  EVIDENCE  AS  MAY  ENABLE THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION TO EVALUATE THE  REPOWERING  PROJECT'S  PROPOSED  POLLUTION
CONTROL  SYSTEMS  AND  TO  REACH A DETERMINATION AS TO WHETHER OR NOT TO
ISSUE, SUBJECT TO APPROPRIATE CONDITIONS AND LIMITATIONS, PERMITS PURSU-
ANT TO FEDERAL RECOGNITION OF STATE AUTHORITY  IN  ACCORDANCE  WITH  THE
FEDERAL  CLEAN  WATER  ACT,  THE  FEDERAL  CLEAR AIR ACT AND THE FEDERAL
RESOURCE CONSERVATION AND RECOVERY ACT;
  (D) A STATEMENT AS TO HOW THE CONSTRUCTION AND OPERATION OF THE REPOW-
ERING PROJECT, INCLUDING TRANSPORTATION AND DISPOSAL OF  WASTES,  COMPLY
WITH  ENVIRONMENTAL,  HEALTH  AND  SAFETY STANDARDS, REQUIREMENTS, REGU-
LATIONS, AND RULES UNDER STATE AND MUNICIPAL LAWS, AND A STATEMENT AS TO
WHY ANY VARIANCES OR EXCEPTIONS MAY BE GRANTED;
  (E) A DESCRIPTION OF THE  FUEL  INTERCONNECTION  AND  SUPPLY  FOR  THE
PROJECT;
  (F)  AN  ELECTRIC  INTERCONNECTION  STUDY,  CONSISTING  GENERALLY OF A
DESIGN STUDY AND A SYSTEM RELIABILITY IMPACT STUDY;
  (G)  A  PLAN  FOR  SECURITY  OF  THE  REPOWERING  PROJECT  DURING  ITS
CONSTRUCTION  AND OPERATION, TO BE REVIEWED BY THE BOARD IN CONSULTATION
WITH THE OFFICE OF PUBLIC SECURITY; AND
  (H) SUCH OTHER INFORMATION AS THE APPLICANT MAY CONSIDER  RELEVANT  OR
AS MAY BE REQUIRED BY THE BOARD TO MAKE ITS FINDINGS PURSUANT TO SECTION
ONE  HUNDRED  SIXTY-EIGHT  OF  THIS  ARTICLE. COPIES OF THE APPLICATION,
INCLUDING THE  REQUIRED  INFORMATION,  SHALL  BE  AVAILABLE  FOR  PUBLIC

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INSPECTION;  PROVIDED,  HOWEVER,  THAT  THE SECURITY PLAN REQUIRED TO BE
FILED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION SHALL BE KEPT CONFI-
DENTIAL, SHALL NOT BE AVAILABLE  FOR  PUBLIC  INSPECTION,  AND  PROVIDED
FURTHER  THAT  INFORMATION CONCERNING ELECTRIC AND NATURAL GAS INTERCON-
NECTIONS BETWEEN THE FACILITY AND THE ELECTRIC AND NATURAL  GAS  SYSTEMS
SHALL NOT BE PLACED IN PUBLIC LIBRARIES OR ON THE INTERNET, AND THAT THE
DEPARTMENT  SHALL  MAKE SUCH INFORMATION AVAILABLE FOR INSPECTION AT ITS
OFFICES AND SHALL MAINTAIN A LOGBOOK OF ALL  THOSE  WHO  HAVE  REQUESTED
ACCESS TO SUCH INFORMATION.
  3. THE APPLICATION SHALL BE ACCOMPANIED BY:
  (A)  PROOF OF SERVICE, IN SUCH MANNER AS THE BOARD SHALL PRESCRIBE, IN
ACCORDANCE WITH SUBDIVISION TWO OF SECTION  ONE  HUNDRED  SIXTY-FOUR  OF
THIS ARTICLE;
  (B)  PROOF THAT THE APPLICANT HAS CONDUCTED PUBLIC OUTREACH WITHIN THE
SIXTY DAYS PRECEDING THE FILING OF  THE  APPLICATION,  FOR  PURPOSES  OF
FACILITATING  COMMUNICATION  BETWEEN  THE  APPLICANT  AND INTERESTED AND
AFFECTED PARTIES AND ADVISING SUCH PARTIES ABOUT THE REPOWERING PROJECT;
AND
  (C) A FEE IN AN AMOUNT EQUAL TO ONE THOUSAND DOLLARS FOR EACH THOUSAND
KILOWATTS OF GENERATING CAPACITY IN EXCESS OF THE GENERATING  OUTPUT  OF
THE  EXISTING FACILITY IN THOUSANDS OF KILOWATTS MULTIPLIED BY ONE THOU-
SAND DOLLARS, BUT IN NO EVENT SHALL SUCH FEE EXCEED THREE HUNDRED  THOU-
SAND  DOLLARS.    SUCH FEE SHALL BE DEPOSITED IN THE ELECTRIC GENERATING
FACILITIES  INTERVENOR   ACCOUNT   ESTABLISHED   PURSUANT   TO   SECTION
NINETY-SEVEN-KKKK  OF  THE  STATE  FINANCE  LAW,  TO BE DISBURSED AT THE
BOARD'S DIRECTION IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE.
  4. FOLLOWING THE FILING OF AN APPLICATION PURSUANT TO SUBDIVISION  TWO
OF THIS SECTION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MAY INITI-
ATE  A  REVIEW PURSUANT TO FEDERALLY DELEGATED OR APPROVED ENVIRONMENTAL
PERMITTING AUTHORITY.
  5. WITHIN SIXTY DAYS OF RECEIPT OF AN APPLICATION  FILED  PURSUANT  TO
SUBDIVISION  TWO  OF  THIS  SECTION,  THE CHAIRPERSON OF THE BOARD SHALL
DETERMINE WHETHER OR NOT THE APPLICATION IS FOR A REPOWERING PROJECT, AS
DEFINED IN SUBDIVISION ONE OF THIS  SECTION,  AND  WHETHER  OR  NOT  THE
APPLICATION  COMPLIES WITH SUBDIVISION TWO OF THIS SECTION AND ANY REGU-
LATIONS PROMULGATED PURSUANT THERETO, AND SHALL, AFTER CONSULTATION WITH
THE COMMISSIONER OF ENVIRONMENTAL  CONSERVATION,  RENDER  A  PRELIMINARY
DETERMINATION  AS  TO  WHETHER  OR NOT THE REPOWERING PROJECT MAY HAVE A
SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT. IN THE EVENT THAT  THE  CHAIR-
PERSON  OF THE BOARD DETERMINES EITHER THAT THE APPLICATION IS NOT FOR A
REPOWERING PROJECT OR THAT THE REPOWERING PROJECT MAY HAVE A SIGNIFICANT
ADVERSE ENVIRONMENTAL IMPACT, THE APPLICATION SHALL BE DEEMED TO SATISFY
THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-THREE
OF  THIS  ARTICLE  AND THE APPLICATION SHALL NO LONGER BE SUBJECT TO, OR
ELIGIBLE FOR, THE PROCEDURES SET FORTH IN THIS SECTION. THE  CHAIRPERSON
OF THE BOARD MAY REQUIRE THE FILING OF ANY ADDITIONAL INFORMATION NEEDED
TO  SUPPLEMENT  AN  APPLICATION.  IN THE EVENT OF A DETERMINATION THAT A
REPOWERING PROJECT IS NOT LIKELY TO HAVE A SIGNIFICANT ADVERSE  ENVIRON-
MENTAL  IMPACT, A PRELIMINARY DETERMINATION OF NON-SIGNIFICANCE SHALL BE
ISSUED. NOTICE OF ISSUANCE SHALL BE GIVEN  TO  PARTIES  TO  THE  CERTIF-
ICATION  PROCEEDING  PURSUANT  TO SUBDIVISION ONE OF SECTION ONE HUNDRED
SIXTY-SIX OF THIS ARTICLE AND SHALL ADDITIONALLY  BE  PUBLISHED  ON  THE
WEBSITE OF THE DEPARTMENT.
  6.  SIMULTANEOUSLY WITH THE ISSUANCE OF A PRELIMINARY DETERMINATION OF
SIGNIFICANCE, THE SECRETARY OF THE  BOARD  SHALL  PROVIDE  NOTICE  OF  A

A. 7122                             8

PUBLIC HEARING TO ADDRESS DISBURSEMENT OF THE FEE PROVIDED FOR BY SUBDI-
VISION THREE OF THIS SECTION, WHICH HEARING SHALL BE HELD BY THE PRESID-
ING  AND ASSOCIATE EXAMINERS, AND IN NO EVENT LATER THAN TWENTY-ONE DAYS
FOLLOWING ISSUANCE OF THE PRELIMINARY DETERMINATION OF NON-SIGNIFICANCE.
  7.  INTERESTED  PARTIES  SHALL  HAVE NOT MORE THAN SIXTY DAYS FROM THE
DATE THE PRELIMINARY DETERMINATION OF SIGNIFICANCE  IS  ISSUED  TO  FILE
WRITTEN  COMMENTS  WITH  REGARD  TO  SUCH PRELIMINARY DETERMINATION. THE
PUBLIC COMMENT PERIOD SHALL INCLUDE A PUBLIC STATEMENT HEARING AT  WHICH
THE  PRESIDING  EXAMINER  AND  ASSOCIATE EXAMINER SHALL JOINTLY PRESIDE.
UPON THE CLOSE OF THE PUBLIC COMMENT  PERIOD,  IN  THE  EVENT  THAT  THE
PRESIDING  EXAMINER  DETERMINES  THAT  THERE  IS  AN  ISSUE OF FACT WITH
RESPECT TO THE APPLICABILITY OF ANY LOCAL  ORDINANCE,  LAW,  RESOLUTION,
STANDARD,  OR  OTHER ACTION, OR ANY REGULATION ISSUED THEREUNDER, OR ANY
LOCAL STANDARD OR REQUIREMENT THAT WOULD OTHERWISE BE APPLICABLE TO  THE
REPOWERING PROJECT, THE PRESIDING EXAMINER SHALL SCHEDULE AN EVIDENTIARY
HEARING ON SUCH ISSUE OF FACT.
  8.  WITHIN  THIRTY  DAYS OF THE CLOSE OF THE PUBLIC COMMENT PERIOD, OR
WITHIN TWENTY-ONE  DAYS  AFTER  THE  TERMINATION  OF  A  PUBLIC  HEARING
RESPECTING  THE  APPLICABILITY  OF  LOCAL  LAWS  HELD IN ACCORDANCE WITH
SUBDIVISION SEVEN OF THIS SECTION, WHICHEVER IS LATER,  THE  CHAIRPERSON
OF  THE BOARD, AFTER CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION SHALL RENDER A FINAL DETERMINATION AS TO WHETHER OR NOT THE
REPOWERING PROJECT MAY HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL  IMPACT.
UPON A DETERMINATION THAT THE REPOWERING PROJECT IS NOT LIKELY TO HAVE A
SIGNIFICANT  ADVERSE ENVIRONMENTAL IMPACT, THE CHAIRPERSON SHALL ISSUE A
FINAL DETERMINATION OF NON-SIGNIFICANCE. IN THE EVENT  THAT  THE  CHAIR-
PERSON,  AFTER  CONSULTATION  WITH  THE  COMMISSIONER  OF  ENVIRONMENTAL
CONSERVATION, DETERMINES THAT THE REPOWERING PROJECT MAY HAVE A  SIGNIF-
ICANT  ENVIRONMENTAL  IMPACT, THE APPLICATION SHALL BE DEEMED TO SATISFY
THE REQUIREMENTS OF SUBDIVISION ONE OF SECTION ONE  HUNDRED  SIXTY-THREE
OF THIS ARTICLE, BUT SHALL NO LONGER BE SUBJECT TO, OR ELIGIBLE FOR, THE
PROCEDURES SET FORTH IN THIS SECTION.
  9.  IN  THE  EVENT  THAT  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
ISSUES PERMITS PURSUANT TO FEDERALLY DELEGATED  OR  APPROVED  PERMITTING
AUTHORITY  UNDER  THE FEDERAL CLEAN WATER ACT, THE FEDERAL CLEAN AIR ACT
AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT, THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION SHALL PROVIDE SUCH PERMITS TO  THE  CHAIR-
PERSON  OF THE BOARD PRIOR TO THE DETERMINATION OF NON-SIGNIFICANCE. THE
CHAIRPERSON OF  THE  BOARD  SHALL  SUBMIT  THE  FINAL  DETERMINATION  OF
NON-SIGNIFICANCE TO THE BOARD, WHICH SHALL ISSUE A DECISION WITH RESPECT
TO  THE  APPLICATION  WITHIN  TWENTY-ONE  DAYS  AFTER SUCH SUBMISSION IN
ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE.
  S 164. APPLICATION FOR A CERTIFICATE. 1. AN APPLICANT  FOR  A  CERTIF-
ICATE  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   SITE  INFORMATION,  MAPS  AND
DESCRIPTIONS, PRESENT AND PROPOSED DEVELOPMENT,  SOURCE  AND  VOLUME  OF
WATER  REQUIRED  FOR  PLANT  OPERATION  AND COOLING, AND AS APPROPRIATE,
GEOLOGICAL, AESTHETIC, ECOLOGICAL, TSUNAMI, SEISMIC,  BIOLOGICAL,  WATER
SUPPLY, POPULATION AND LOAD CENTER DATA;
  (B)  A  DESCRIPTION AND EVALUATION OF REASONABLE ALTERNATIVE LOCATIONS
TO THE PROPOSED FACILITY, IF ANY, AND WITH RESPECT TO  A  FACILITY  THAT
HAS  NOT  BEEN  SELECTED  PURSUANT TO AN APPROVED PROCUREMENT PROCESS, A
DESCRIPTION AND EVALUATION OF REASONABLE ENERGY SUPPLY  SOURCE  ALTERNA-

A. 7122                             9

TIVES  AND,  WHERE APPROPRIATE, DEMAND-REDUCING MEASURES TO THE PROPOSED
FACILITY; A DESCRIPTION OF THE COMPARATIVE ADVANTAGES AND  DISADVANTAGES
OF EACH SUCH LOCATION, ENERGY SUPPLY SOURCE AND DEMAND-REDUCING MEASURE,
AS  APPROPRIATE; AND A STATEMENT OF THE REASONS WHY THE PRIMARY PROPOSED
LOCATION AND SOURCE, AS APPROPRIATE, IS BEST SUITED, AMONG THE  ALTERNA-
TIVES  CONSIDERED,  TO  PROMOTE PUBLIC HEALTH AND WELFARE, INCLUDING THE
RECREATIONAL AND  OTHER  CONCURRENT  USES  WHICH  THE  SITE  MAY  SERVE,
PROVIDED  THAT THE INFORMATION REQUIRED PURSUANT TO THIS PARAGRAPH SHALL
BE NO MORE EXTENSIVE THAN REQUIRED UNDER ARTICLE EIGHT OF  THE  ENVIRON-
MENTAL CONSERVATION LAW;
  (C)  STUDIES, IDENTIFYING THE AUTHOR AND DATE THEREOF, WHICH HAVE BEEN
MADE OF THE EXPECTED ENVIRONMENTAL IMPACT AND SAFETY  OF  THE  FACILITY,
BOTH DURING ITS CONSTRUCTION AND ITS OPERATION, WHICH STUDIES ARE SUFFI-
CIENT  TO  IDENTIFY (I) THE ANTICIPATED GASEOUS, LIQUID AND SOLID WASTES
TO BE PRODUCED AT  THE  FACILITY  INCLUDING  THEIR  SOURCE,  ANTICIPATED
VOLUMES,  COMPOSITION  AND TEMPERATURE, AND SUCH OTHER ATTRIBUTES AS THE
BOARD MAY SPECIFY AND THE PROBABLE LEVEL OF  NOISE  DURING  CONSTRUCTION
AND  OPERATION  OF  THE FACILITY; (II) THE TREATMENT PROCESSES TO REDUCE
WASTES TO BE RELEASED TO THE ENVIRONMENT, THE  MANNER  OF  DISPOSAL  FOR
WASTES  RETAINED AND MEASURES FOR NOISE ABATEMENT; (III) THE ANTICIPATED
VOLUMES OF WASTES TO BE RELEASED TO THE ENVIRONMENT UNDER ANY  OPERATING
CONDITION  OF  THE FACILITY, INCLUDING SUCH METEOROLOGICAL, HYDROLOGICAL
AND OTHER INFORMATION NEEDED TO SUPPORT SUCH ESTIMATES; (IV)  CONCEPTUAL
ARCHITECTURAL  AND  ENGINEERING  PLANS  INDICATING  COMPATIBILITY OF THE
FACILITY WITH THE ENVIRONMENT; (V) HOW THE CONSTRUCTION AND OPERATION OF
THE FACILITY, INCLUDING TRANSPORTATION  AND  DISPOSAL  OF  WASTES  WOULD
COMPLY  WITH  ENVIRONMENTAL  HEALTH  AND SAFETY STANDARDS, REQUIREMENTS,
REGULATIONS AND RULES UNDER STATE AND MUNICIPAL LAWS,  AND  A  STATEMENT
WHY  ANY  VARIANCES  OR  EXCEPTIONS  SHOULD BE GRANTED; (VI) WATER WITH-
DRAWALS AND DISCHARGES; (VII) A DESCRIPTION OF THE FUEL  INTERCONNECTION
AND  SUPPLY  FOR  THE  PROJECT;  AND  (VIII) AN ELECTRIC INTERCONNECTION
STUDY, CONSISTING GENERALLY OF A DESIGN STUDY AND A  SYSTEM  RELIABILITY
IMPACT STUDY;
  (D)  EXCEPT WITH RESPECT TO A FACILITY THAT HAS BEEN SELECTED PURSUANT
TO AN APPROVED PROCUREMENT PROCESS, ESTIMATED COST INFORMATION,  INCLUD-
ING  PLANT  COSTS  BY ACCOUNT, ALL EXPENSES BY CATEGORIES INCLUDING FUEL
COSTS, PLANT SERVICE LIFE AND CAPACITY FACTOR AND TOTAL GENERATING  COST
PER  KILOWATT-HOUR,  INCLUDING  BOTH PLANT AND RELATED TRANSMISSION, AND
COMPARATIVE COSTS OF ALTERNATIVES CONSIDERED;
  (E) A STATEMENT (I) DEMONSTRATING THAT THE FACILITY WILL SATISFY ADDI-
TIONAL ELECTRIC CAPACITY OR OTHER ELECTRIC SYSTEM NEEDS,  AND  THAT  THE
CONSTRUCTION  OF  THE  FACILITY IS REASONABLY CONSISTENT WITH LONG-RANGE
ENERGY PLANNING OBJECTIVES AND STRATEGIES, PROVIDED HOWEVER, THAT SUBSE-
QUENT TO THE ADOPTION OF A STATE ENERGY PLAN PURSUANT TO ARTICLE SIX  OF
THE  ENERGY LAW, AN APPLICANT SHALL DEMONSTRATE THAT THE CONSTRUCTION OF
THE FACILITY IS REASONABLY  CONSISTENT  WITH  THE  ENERGY  POLICIES  AND
LONG-RANGE  ENERGY  PLANNING  OBJECTIVES AND STRATEGIES CONTAINED IN THE
MOST RECENT STATE ENERGY PLAN; OR (II) THAT THE  FACILITY  WAS  SELECTED
PURSUANT TO AN APPROVED PROCUREMENT PROCESS;
  (F) SUCH EVIDENCE AS WILL ENABLE THE BOARD OR COMMISSIONER OF ENVIRON-
MENTAL CONSERVATION TO EVALUATE THE FACILITY'S POLLUTION CONTROL SYSTEMS
AND  TO  REACH A DETERMINATION TO ISSUE THEREFOR, SUBJECT TO APPROPRIATE
CONDITIONS AND LIMITATIONS, PERMITS PURSUANT TO FEDERAL  RECOGNITION  OF
STATE  AUTHORITY  IN  ACCORDANCE  WITH  THE FEDERAL CLEAN WATER ACT, THE
FEDERAL CLEAN AIR ACT AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY
ACT;

A. 7122                            10

  (G) ANY OTHER  INFORMATION  THAT  THE  BOARD  DEEMS  RELEVANT  OR  MAY
REQUIRE;
  (H)  A  PLAN FOR SECURITY OF THE PROPOSED FACILITY DURING CONSTRUCTION
AND OPERATION OF SUCH FACILITY, TO BE REVIEWED BY THE BOARD, IN  CONSUL-
TATION WITH THE NEW YORK STATE OFFICE OF PUBLIC SECURITY; AND
  (I)  SUCH  OTHER INFORMATION AS THE APPLICANT MAY CONSIDER RELEVANT OR
AS MAY BE REQUIRED BY THE BOARD. COPIES OF  THE  APPLICATION,  INCLUDING
THE  REQUIRED  INFORMATION,  SHALL  BE FILED WITH THE BOARD AND SHALL BE
AVAILABLE FOR PUBLIC INSPECTION; PROVIDED, HOWEVER,  THAT  THE  SECURITY
PLAN  REQUIRED TO BE FILED PURSUANT TO PARAGRAPH (H) OF THIS SUBDIVISION
SHALL BE KEPT  CONFIDENTIAL  AND  SHALL  NOT  BE  AVAILABLE  FOR  PUBLIC
INSPECTION,  AND  PROVIDED  FURTHER THAT INFORMATION CONCERNING ELECTRIC
AND NATURAL GAS INTERCONNECTIONS BETWEEN THE FACILITY AND  THE  ELECTRIC
AND  NATURAL  GAS  SYSTEMS SHALL NOT BE PLACED IN PUBLIC LIBRARIES OR ON
THE INTERNET, AND THAT THE DEPARTMENT SHALL MAKE SUCH INFORMATION AVAIL-
ABLE FOR INSPECTION AT ITS OFFICES AND SHALL MAINTAIN A LOG BOOK OF  ALL
THOSE WHO HAVE REQUESTED ACCESS TO SUCH INFORMATION.
  2.  EACH APPLICATION SHALL BE ACCOMPANIED BY PROOF OF SERVICE, IN SUCH
MANNER AS THE BOARD SHALL PRESCRIBE, OF:
  (A) A COPY OF SUCH APPLICATION ON (I) EACH MUNICIPALITY IN  WHICH  ANY
PORTION OF SUCH FACILITY IS TO BE LOCATED AS PROPOSED OR IN ANY ALTERNA-
TIVE  LOCATION LISTED. SUCH COPY TO A MUNICIPALITY SHALL BE ADDRESSED TO
THE CHIEF EXECUTIVE OFFICER THEREOF AND SHALL SPECIFY  THE  DATE  ON  OR
ABOUT WHICH THE APPLICATION IS TO BE FILED;
  (II) EACH MEMBER OF THE BOARD;
  (III) THE DEPARTMENT OF AGRICULTURE AND MARKETS;
  (IV) THE SECRETARY OF STATE;
  (V) THE ATTORNEY GENERAL;
  (VI) THE DEPARTMENT OF TRANSPORTATION;
  (VII)  A  LIBRARY  SERVING  THE  DISTRICT  OF EACH MEMBER OF THE STATE
LEGISLATURE IN WHOSE DISTRICT ANY PORTION  OF  THE  FACILITY  IS  TO  BE
LOCATED AS PROPOSED OR IN ANY ALTERNATIVE LOCATION LISTED;
  (VIII)  IN  THE  EVENT  THAT  SUCH  FACILITY OR ANY PORTION THEREOF AS
PROPOSED OR IN ANY ALTERNATIVE LOCATION LISTED  IS  LOCATED  WITHIN  THE
ADIRONDACK  PARK, AS DEFINED IN SUBDIVISION ONE OF SECTION 9-0101 OF THE
ENVIRONMENTAL CONSERVATION LAW, THE ADIRONDACK PARK AGENCY; AND
  (B) A NOTICE OF SUCH APPLICATION ON (I) PERSONS  RESIDING  IN  MUNICI-
PALITIES  ENTITLED  TO  RECEIVE A COPY OF THE APPLICATION UNDER SUBPARA-
GRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVISION.   SUCH NOTICE  SHALL  BE
GIVEN BY THE PUBLICATION OF A SUMMARY OF THE APPLICATION AND THE DATE ON
OR ABOUT WHICH IT WILL BE FILED, TO BE PUBLISHED UNDER REGULATIONS TO BE
PROMULGATED  BY THE BOARD, IN SUCH FORM AND IN SUCH NEWSPAPER OR NEWSPA-
PERS AS WILL SERVE SUBSTANTIALLY TO INFORM THE PUBLIC OF  SUCH  APPLICA-
TION;
  (II)  EACH  MEMBER  OF  THE  STATE  LEGISLATURE  IN WHOSE DISTRICT ANY
PORTION OF THE FACILITY IS TO BE LOCATED AS PROPOSED OR IN ANY  ALTERNA-
TIVE LOCATION LISTED; AND
  (III)  PERSONS  WHO  HAVE  FILED A STATEMENT WITH THE BOARD WITHIN THE
PAST TWELVE MONTHS THAT THEY WISH TO RECEIVE ALL SUCH NOTICES CONCERNING
FACILITIES IN THE AREA IN  WHICH  THE  FACILITY  IS  TO  BE  LOCATED  AS
PROPOSED OR IN ANY ALTERNATIVE LOCATION LISTED.
  3.  INADVERTENT  FAILURE  OF  SERVICE  ON  ANY  OF THE MUNICIPALITIES,
PERSONS, AGENCIES, BODIES OR COMMISSIONS NAMED  IN  SUBDIVISION  TWO  OF
THIS  SECTION  SHALL  NOT BE JURISDICTIONAL AND MAY BE CURED PURSUANT TO
REGULATIONS OF THE BOARD DESIGNED TO AFFORD SUCH PERSONS ADEQUATE NOTICE
TO ENABLE THEM TO PARTICIPATE EFFECTIVELY IN THE  PROCEEDING.  IN  ADDI-

A. 7122                            11

TION, THE BOARD MAY, AFTER FILING, REQUIRE THE APPLICANT TO SERVE NOTICE
OF THE APPLICATION OR COPIES THEREOF OR BOTH UPON SUCH OTHER PERSONS AND
FILE PROOF THEREOF AS THE BOARD MAY DEEM APPROPRIATE.
  4.  THE  BOARD  SHALL PRESCRIBE THE FORM AND CONTENT OF AN APPLICATION
FOR AN AMENDMENT OF A CERTIFICATE TO BE ISSUED HEREUNDER. NOTICE OF SUCH
AN APPLICATION SHALL BE GIVEN AS SET FORTH IN SUBDIVISION  TWO  OF  THIS
SECTION.
  5. IF A REASONABLE ALTERNATIVE LOCATION OR, WITH RESPECT TO A FACILITY
THAT  HAS NOT BEEN SELECTED PURSUANT TO AN APPROVED PROCUREMENT PROCESS,
A REASONABLE ALTERNATIVE ENERGY SUPPLY SOURCE OR DEMAND REDUCING MEASURE
NOT LISTED IN THE APPLICATION IS PROPOSED IN THE CERTIFICATION  PROCEED-
ING,  NOTICE OF SUCH PROPOSED ALTERNATIVE SHALL BE GIVEN AS SET FORTH IN
SUBDIVISION TWO OF THIS SECTION.
  6.  (A) EACH APPLICATION SHALL BE ACCOMPANIED BY A FEE  IN  AN  AMOUNT
EQUAL  TO ONE THOUSAND DOLLARS FOR EACH THOUSAND KILOWATTS OF GENERATING
CAPACITY OF THE SUBJECT FACILITY, BUT NO MORE THAN THREE  HUNDRED  THOU-
SAND  DOLLARS  WITH  SUCH  AMOUNT  TO  INCLUDE  THE  PRE-APPLICATION FEE
PROVIDED FOR IN SUBDIVISION ONE-A OF SECTION ONE HUNDRED SIXTY-THREE  OF
THIS  ARTICLE,  TO  BE  DEPOSITED  IN THE ELECTRIC GENERATING FACILITIES
INTERVENOR ACCOUNT, ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-KKKK OF
THE STATE FINANCE LAW, TO BE DISBURSED  AT  THE  BOARD'S  DIRECTION,  TO
DEFRAY  EXPENSES  INCURRED  BY  MUNICIPAL AND OTHER LOCAL PARTIES TO THE
PROCEEDING (EXCEPT A MUNICIPALITY WHICH IS  THE  APPLICANT)  FOR  EXPERT
WITNESS  AND CONSULTANT FEES. IF AT ANY TIME SUBSEQUENT TO THE FILING OF
THE APPLICATION, THE APPLICATION IS AMENDED IN A  MANNER  THAT  WARRANTS
SUBSTANTIAL  ADDITIONAL  SCRUTINY,  THE  BOARD MAY REQUIRE AN ADDITIONAL
INTERVENOR FEE IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND  DOLLARS.
THE BOARD SHALL PROVIDE FOR TRANSCRIPTS, THE REPRODUCTION AND SERVICE OF
DOCUMENTS,  AND  THE  PUBLICATION  OF  REQUIRED  NOTICES,  FOR MUNICIPAL
PARTIES. ANY MONEYS REMAINING IN THE INTERVENOR FUND,  AFTER  THE  BOARD
HAS  ISSUED  ITS  DECISION  ON AN APPLICATION UNDER THIS ARTICLE AND THE
TIME FOR APPLYING FOR A REHEARING AND JUDICIAL REVIEW HAS EXPIRED, SHALL
BE RETURNED TO THE APPLICANT.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
BOARD  SHALL  PROVIDE BY RULES AND REGULATIONS FOR THE MANAGEMENT OF THE
INTERVENOR FUND AND FOR DISBURSEMENTS FROM THE  FUND,  WHICH  RULES  AND
REGULATIONS SHALL BE CONSISTENT WITH THE PURPOSE OF THIS SECTION TO MAKE
AVAILABLE  TO  MUNICIPAL  PARTIES AT LEAST ONE-HALF OF THE AMOUNT OF THE
INTERVENOR FUND AND FOR USES SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION. IN ADDITION, THE BOARD SHALL PROVIDE OTHER  LOCAL  PARTIES  UP  TO
ONE-HALF  OF  THE AMOUNT OF THE INTERVENOR FUND, PROVIDED, HOWEVER, THAT
THE BOARD SHALL ASSURE  THAT  THE  PURPOSES  FOR  WHICH  MONEYS  IN  THE
INTERVENOR FUND WILL BE EXPENDED WILL CONTRIBUTE TO AN INFORMED DECISION
AS  TO  THE APPROPRIATENESS OF THE SITE AND FACILITY AND ARE MADE AVAIL-
ABLE ON AN EQUITABLE BASIS IN A MANNER WHICH  FACILITATES  BROAD  PUBLIC
PARTICIPATION.
  7.  AFTER PUBLIC NOTICE AND AN OPPORTUNITY TO COMMENT, THE BOARD SHALL
PROMULGATE SUCH REGULATIONS AS  MAY  BE  NECESSARY  TO  IMPLEMENT,  WITH
RESPECT  TO MAJOR ELECTRIC GENERATING FACILITIES, PERMIT PROGRAMS ESTAB-
LISHED PURSUANT TO REQUIREMENTS OF THE  FEDERAL  CLEAN  WATER  ACT,  THE
FEDERAL CLEAN AIR ACT AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY
ACT.  SUCH  REGULATIONS  SHALL  BE  CONSISTENT  WITH  ANY  STATE PROGRAM
REQUIREMENTS ESTABLISHED BY THE UNITED STATES  ENVIRONMENTAL  PROTECTION
AGENCY FOR STATE PARTICIPATION IN SUCH POLLUTANT CONTROL PERMIT PROGRAMS
AND  SHALL  INCLUDE  PROCEDURES  FOR EARLY CONSIDERATION AND SUCH PROMPT

A. 7122                            12

DETERMINATION AS  IS  FEASIBLE  OF  ISSUES  ARISING  UNDER  SUCH  PERMIT
PROGRAMS.
  S 165. HEARING SCHEDULE.  1. AFTER THE RECEIPT OF AN APPLICATION FILED
PURSUANT TO SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE, THE CHAIRMAN
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  OF  A  PUBLIC
HEARING.  UPON A DETERMINATION THAT AN APPLICATION COMPLIES WITH SECTION
ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE THE DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION  MAY  INITIATE  A REVIEW PURSUANT TO FEDERALLY DELEGATED OR
APPROVED ENVIRONMENTAL PERMITTING AUTHORITY.  THE APPLICANT SHALL SUBMIT
TO THE DEPARTMENT  OF  STATE  COPIES  OF  THE  APPLICATION,  CONSISTENCY
CERTIFICATION  AND NECESSARY DATA AND INFORMATION SUFFICIENT TO INITIATE
A REVIEW PURSUANT TO THE FEDERAL COASTAL ZONE  MANAGEMENT  ACT  AND  ITS
REGULATIONS.    THE  CHAIRMAN OF THE BOARD MAY REQUIRE THE FILING OF ANY
ADDITIONAL INFORMATION NEEDED TO SUPPLEMENT  AN  APPLICATION  BEFORE  OR
DURING THE HEARINGS.
  2.  WITHIN  A  REASONABLE  TIME  AFTER  THE DATE HAS BEEN FIXED BY THE
CHAIRMAN FOR COMMENCEMENT OF A PUBLIC HEARING,  THE  PRESIDING  EXAMINER
SHALL  HOLD  A PREHEARING CONFERENCE TO EXPEDITE THE ORDERLY CONDUCT AND
DISPOSITION OF THE HEARING, TO SPECIFY  THE  ISSUES,  TO  OBTAIN  STIPU-
LATIONS  AS TO MATTERS NOT DISPUTED, AND TO DEAL WITH SUCH OTHER MATTERS
AS THE PRESIDING EXAMINER MAY DEEM  PROPER.  THEREAFTER,  THE  PRESIDING
EXAMINER  SHALL ISSUE AN ORDER IDENTIFYING THE ISSUES TO BE ADDRESSED BY
THE PARTIES PROVIDED, HOWEVER, THAT NO SUCH ORDER SHALL PRECLUDE CONSID-
ERATION OF ISSUES WHICH WARRANT CONSIDERATION IN  ORDER  TO  DEVELOP  AN
ADEQUATE RECORD AS DETERMINED BY AN ORDER OF THE BOARD.
  3.  ALL  PARTIES SHALL BE PREPARED TO PROCEED IN AN EXPEDITIOUS MANNER
AT THE HEARING SO THAT IT MAY PROCEED REGULARLY  UNTIL  COMPLETION.  THE
PLACE  OF  THE  HEARING  SHALL  BE DESIGNATED BY THE PRESIDING EXAMINER.
HEARINGS SHALL BE HELD OF SUFFICIENT DURATION TO PROVIDE ADEQUATE OPPOR-
TUNITY TO HEAR DIRECT EVIDENCE AND REBUTTAL EVIDENCE FROM  RESIDENTS  OF
THE AREA AFFECTED BY THE MAJOR ELECTRIC GENERATING FACILITY.
  4. PROCEEDINGS ON AN APPLICATION SHALL BE COMPLETED IN ALL RESPECTS IN
A  MANNER  CONSISTENT WITH FEDERALLY DELEGATED OR APPROVED ENVIRONMENTAL
PERMITTING AUTHORITY, INCLUDING A FINAL DECISION BY  THE  BOARD,  WITHIN
TWELVE  MONTHS  FROM THE DATE OF A DETERMINATION BY THE CHAIRMAN THAT AN
APPLICATION COMPLIES WITH SECTION ONE HUNDRED SIXTY-FOUR OF  THIS  ARTI-
CLE;  PROVIDED,  HOWEVER, FOR FACILITIES OVER TWO HUNDRED THOUSAND KILO-
WATTS WHICH HAVE NOT BEEN SELECTED PURSUANT TO AN  APPROVED  PROCUREMENT
PROCESS THE BOARD MAY EXTEND THE DEADLINE IN EXTRAORDINARY CIRCUMSTANCES
BY  NO  MORE  THAN SIX MONTHS IN ORDER TO GIVE CONSIDERATION TO SPECIFIC
ISSUES NECESSARY TO DEVELOP AN ADEQUATE RECORD. THE BOARD MUST RENDER  A
FINAL DECISION ON THE APPLICATION BY THE AFOREMENTIONED DEADLINES UNLESS
SUCH  DEADLINES  ARE WAIVED BY THE APPLICANT. IF, AT ANY TIME SUBSEQUENT
TO THE COMMENCEMENT OF THE HEARING, THERE IS A MATERIAL AND  SUBSTANTIAL
AMENDMENT  TO  THE APPLICATION, THE DEADLINES MAY BE EXTENDED BY NO MORE
THAN SIX MONTHS, UNLESS SUCH DEADLINE IS WAIVED  BY  THE  APPLICANT,  TO
CONSIDER SUCH AMENDMENT.
  5.  ON  AN  APPLICATION  FOR AN AMENDMENT OF A CERTIFICATE PROPOSING A
CHANGE IN THE FACILITY LIKELY TO RESULT IN ANY MATERIAL INCREASE IN  ANY
ENVIRONMENTAL  IMPACT  OF  THE  FACILITY  OR A SUBSTANTIAL CHANGE IN THE
LOCATION OF ALL OR A PORTION OF SUCH FACILITY, A HEARING SHALL  BE  HELD
IN THE SAME MANNER AS A HEARING ON AN APPLICATION FOR A CERTIFICATE. THE
BOARD  SHALL  PROMULGATE RULES, REGULATIONS AND STANDARDS UNDER WHICH IT

A. 7122                            13

SHALL DETERMINE WHETHER HEARINGS ARE REQUIRED UNDER THIS SUBDIVISION AND
SHALL MAKE SUCH DETERMINATIONS.
  S 166. 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 IMPACTS OF THE PROPOSED FACILITY, AND, AS APPRO-
PRIATE, ANY ALTERNATE FACILITY OR ENERGY SOURCE ON THE ENVIRONMENT,  AND
WHETHER  AND  HOW  SUCH  FACILITY WOULD COMPLY WITH APPLICABLE STATE AND
FEDERAL ENVIRONMENTAL PROTECTION LAWS, STANDARDS, RULES AND REGULATIONS;
  (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 DEPARTMENT OF STATE, WHICH SHALL  BE  AVAILABLE  IN  ANY  SUCH
PROCEEDING  TO  PRESENT  EXPERT TESTIMONY AND INFORMATION CONCERNING THE
COMPATIBILITY OF THE PROPOSED FACILITY WITH FEDERAL  AND  STATE  COASTAL
ZONE MANAGEMENT LAWS, REGULATIONS, AND POLICIES;
  (H)  THE  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, WHICH
SHALL BE AVAILABLE IN ANY SUCH PROCEEDING TO  PRESENT  EXPERT  TESTIMONY
AND INFORMATION CONCERNING THE IMPACTS OF THE PROPOSED FACILITY ON STATE
PARKLANDS  AND  ARCHEOLOGICAL,  HISTORICAL,  CULTURAL,  AND RECREATIONAL
RESOURCES UNDER THE SUPERVISION OF THE OFFICE;
  (I) WHERE THE FACILITY OR  ANY  PORTION  THEREOF  OR  ANY  ALTERNATIVE
PROPOSED TO BE LOCATED WITHIN A CITY WITH A POPULATION OF ONE MILLION OR
MORE, THE APPROPRIATE ENVIRONMENTAL PROTECTION AGENCY OF SUCH CITY;
  (J)  WHERE  THE FACILITY OR ANY PORTION THEREOF OR OF ANY ALTERNATE IS
TO BE LOCATED WITHIN THE ADIRONDACK PARK, AS DEFINED IN SUBDIVISION  ONE
OF  SECTION 9-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, THE ADIRONDACK
PARK AGENCY;
  (K) A MUNICIPALITY ENTITLED TO RECEIVE A COPY OF THE APPLICATION UNDER
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION ONE  HUNDRED  SIXTY-FOUR  OF
THIS  ARTICLE, IF IT HAS FILED WITH THE BOARD A NOTICE OF INTENT TO BE A
PARTY, WITHIN FORTY-FIVE DAYS AFTER THE  DATE  GIVEN  IN  THE  PUBLISHED
NOTICE  AS  THE DATE FOR THE FILING OF THE APPLICATION; ANY MUNICIPALITY
ENTITLED TO BE A PARTY HEREIN AND SEEKING TO  ENFORCE  ANY  LOCAL  ORDI-
NANCE,  LAW, RESOLUTION OR OTHER ACTION OR REGULATION OTHERWISE APPLICA-
BLE SHALL PRESENT EVIDENCE IN SUPPORT THEREOF OR SHALL  BE  BARRED  FROM
THE ENFORCEMENT THEREOF;
  (L)  ANY  INDIVIDUAL  RESIDENT IN A MUNICIPALITY ENTITLED TO RECEIVE A
COPY OF THE APPLICATION  UNDER  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF
SECTION  ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE IF HE HAS FILED WITH THE
BOARD A NOTICE OF INTENT TO BE A PARTY, WITHIN FORTY-FIVE DAYS AFTER THE
DATE GIVEN IN THE PUBLISHED NOTICE AS THE DATE FOR FILING OF THE  APPLI-
CATION;
  (M)  ANY  NON-PROFIT CORPORATION OR ASSOCIATION, FORMED IN WHOLE OR IN
PART TO PROMOTE CONSERVATION OR NATURAL BEAUTY, TO PROTECT THE  ENVIRON-
MENT, PERSONAL HEALTH OR OTHER BIOLOGICAL VALUES, TO PRESERVE HISTORICAL
SITES, TO PROMOTE CONSUMER INTERESTS, TO REPRESENT COMMERCIAL AND INDUS-
TRIAL  GROUPS OR TO PROMOTE THE ORDERLY DEVELOPMENT OF ANY AREA IN WHICH
THE FACILITY IS TO BE LOCATED, IF IT HAS FILED WITH THE BOARD  A  NOTICE
OF INTENT TO BECOME A PARTY, WITHIN FORTY-FIVE DAYS AFTER THE DATE GIVEN
IN THE PUBLISHED NOTICE AS THE DATE FOR FILING OF THE APPLICATION;
  (N)  ANY  OTHER  MUNICIPALITY OR RESIDENT OF SUCH MUNICIPALITY LOCATED
WITHIN A FIVE MILE RADIUS OF SUCH PROPOSED FACILITY, IF IT OR THE  RESI-

A. 7122                            14

DENT  HAS  FILED  WITH  THE  BOARD A NOTICE OF INTENT TO BECOME A PARTY,
WITHIN FORTY-FIVE DAYS AFTER THE DATE GIVEN IN THE PUBLISHED  NOTICE  AS
THE DATE FOR FILING OF THE APPLICATION;
  (O)  ANY OTHER MUNICIPALITY OR RESIDENT OF SUCH MUNICIPALITY WHICH THE
BOARD IN ITS DISCRETION FINDS TO HAVE  AN  INTEREST  IN  THE  PROCEEDING
BECAUSE  OF  THE POTENTIAL ENVIRONMENTAL EFFECTS ON SUCH MUNICIPALITY OR
PERSON, IF THE MUNICIPALITY OR PERSON HAS FILED WITH THE BOARD A  NOTICE
OF INTENT TO BECOME A PARTY, WITHIN FORTY-FIVE DAYS AFTER THE DATE GIVEN
IN  THE  PUBLISHED  NOTICE  AS  THE  DATE FOR FILING OF THE APPLICATION,
TOGETHER WITH AN EXPLANATION OF THE POTENTIAL ENVIRONMENTAL  EFFECTS  ON
SUCH MUNICIPALITY OR PERSON; AND
  (P)  SUCH  OTHER PERSONS OR ENTITIES AS THE BOARD MAY AT ANY TIME DEEM
APPROPRIATE, WHO  MAY  PARTICIPATE  IN  ALL  SUBSEQUENT  STAGES  OF  THE
PROCEEDING.
  2.  THE  DEPARTMENT  SHALL  DESIGNATE  MEMBERS  OF ITS STAFF WHO SHALL
PARTICIPATE AS A PARTY IN PROCEEDINGS UNDER THIS ARTICLE.
  3. ANY PERSON MAY MAKE A  LIMITED  APPEARANCE  IN  THE  PROCEEDING  BY
FILING  A  STATEMENT OF HIS INTENT TO LIMIT HIS APPEARANCE IN WRITING AT
ANY TIME PRIOR TO THE  COMMENCEMENT  OF  THE  HEARING.  ALL  PAPERS  AND
MATTERS  FILED BY A PERSON MAKING A LIMITED APPEARANCE SHALL BECOME PART
OF THE RECORD. NO PERSON MAKING A LIMITED APPEARANCE SHALL BE A PARTY OR
SHALL  HAVE  THE  RIGHT  TO  PRESENT  ORAL  TESTIMONY  OR  CROSS-EXAMINE
WITNESSES OR PARTIES.
  4.  THE BOARD MAY FOR GOOD CAUSE SHOWN, PERMIT A MUNICIPALITY OR OTHER
PERSON ENTITLED TO BECOME A PARTY UNDER SUBDIVISION ONE OF THIS SECTION,
BUT WHICH HAS FAILED TO FILE THE REQUISITE NOTICE OF INTENT  WITHIN  THE
TIME  REQUIRED,  TO BECOME A PARTY, AND TO PARTICIPATE IN ALL SUBSEQUENT
STAGES OF THE PROCEEDING.
  S 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  AS
SCHEDULED  BY  THE  PRESIDING EXAMINER AND HE SHALL ASSIST THE PRESIDING
EXAMINER IN INQUIRING INTO AND CALLING FOR TESTIMONY CONCERNING RELEVANT
AND MATERIAL MATTERS. THE CONCLUSIONS AND RECOMMENDATIONS OF THE ASSOCI-
ATE EXAMINER SHALL BE INCORPORATED IN THE RECOMMENDED  DECISION  OF  THE
PRESIDING  EXAMINER,  UNLESS  THE ASSOCIATE EXAMINER PREFERS TO SUBMIT A
SEPARATE REPORT OF DISSENTING OR CONCURRING CONCLUSIONS AND  RECOMMENDA-
TIONS.  IN THE EVENT THAT THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
ISSUES PERMITS PURSUANT TO FEDERALLY  DELEGATED  OR  APPROVED  AUTHORITY
UNDER  THE  FEDERAL  CLEAN  WATER ACT, THE FEDERAL CLEAN AIR ACT AND THE
FEDERAL RESOURCE CONSERVATION  AND  RECOVERY  ACT,  THE  RECORD  IN  THE
PROCEEDING  AND  THE ASSOCIATE HEARING EXAMINER'S CONCLUSIONS AND RECOM-
MENDATIONS SHALL, IN SO FAR AS IS CONSISTENT WITH FEDERALLY DELEGATED OR
APPROVED ENVIRONMENTAL PERMITTING AUTHORITY, PROVIDE THE BASIS  FOR  THE
DECISION  OF  THE  COMMISSIONER OF ENVIRONMENTAL CONSERVATION WHETHER OR
NOT TO ISSUE SUCH PERMITS.
  (B) WHEN THE FACILITY IS PROPOSED TO BE LOCATED IN  THE  COASTAL  AREA
AND  FEDERAL  AUTHORIZATION  IS  REQUIRED, A COASTAL RESOURCE SPECIALIST
SHALL BE DESIGNATED BY THE DEPARTMENT OF STATE PRIOR TO THE DATE SET FOR
COMMENCEMENT OF THE PUBLIC  HEARING.  THE  COASTAL  RESOURCE  SPECIALIST
SHALL  ATTEND  ALL  HEARINGS AS SCHEDULED BY THE PRESIDING AND ASSOCIATE
EXAMINERS AND SHALL ASSIST THE  PRESIDING  AND  ASSOCIATE  EXAMINERS  IN
INQUIRING INTO AND CALLING FOR TESTIMONY CONCERNING RELEVANT AND MATERI-
AL  MATTERS.  IN  THE  EVENT  THAT THE SECRETARY OF STATE IS REQUIRED TO

A. 7122                            15

RENDER A CONSISTENCY DETERMINATION PURSUANT TO THE FEDERAL COASTAL  ZONE
MANAGEMENT  ACT, THE RECORD IN THE PROCEEDINGS SHALL PROVIDE INFORMATION
ON WHICH TO BASE THE DETERMINATION OF THE SECRETARY OF STATE WHETHER  OR
NOT TO CONCUR WITH THE APPLICANT'S CERTIFICATION.
  (C)  THE  TESTIMONY PRESENTED AT A HEARING MAY BE PRESENTED IN WRITING
OR ORALLY. THE BOARD MAY REQUIRE ANY  STATE  AGENCY  TO  PROVIDE  EXPERT
TESTIMONY  ON  SPECIFIC  SUBJECTS WHERE ITS PERSONNEL HAVE THE REQUISITE
EXPERTISE AND SUCH TESTIMONY IS CONSIDERED NECESSARY TO THE  DEVELOPMENT
OF  AN ADEQUATE RECORD. 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
PRESIDING EXAMINER MAY PROVIDE FOR THE CONSOLIDATION  OF  THE  REPRESEN-
TATION  OF  PARTIES,  OTHER THAN GOVERNMENTAL BODIES OR AGENCIES, HAVING
SIMILAR INTERESTS. IN THE CASE OF SUCH A  CONSOLIDATION,  THE  RIGHT  TO
COUNSEL  OF  ITS  OWN  CHOOSING  SHALL BE PRESERVED TO EACH PARTY TO THE
PROCEEDING PROVIDED THAT THE CONSOLIDATED GROUP MAY BE  REQUIRED  TO  BE
HEARD THROUGH SUCH REASONABLE NUMBER OF COUNSEL AS THE PRESIDING EXAMIN-
ER SHALL DETERMINE. APPROPRIATE REGULATIONS SHALL BE ISSUED BY THE BOARD
TO  PROVIDE FOR PREHEARING DISCOVERY PROCEDURES BY PARTIES TO A PROCEED-
ING, CONSOLIDATION OF THE REPRESENTATION OF PARTIES,  THE  EXCLUSION  OF
IRRELEVANT, REPETITIVE, REDUNDANT OR IMMATERIAL EVIDENCE, AND THE REVIEW
OF RULINGS BY PRESIDING EXAMINERS.
  2.  A  COPY  OF THE RECORD SHALL BE MADE AVAILABLE BY THE BOARD AT ALL
REASONABLE TIMES FOR EXAMINATION BY THE PUBLIC.
  3. THE CHAIRMAN OF THE BOARD MAY ENTER INTO AN AGREEMENT WITH AN AGEN-
CY OR DEPARTMENT OF THE UNITED  STATES  HAVING  CONCURRENT  JURISDICTION
OVER  ALL OR PART OF THE LOCATION, CONSTRUCTION, OR OPERATION OF A MAJOR
ELECTRIC GENERATING FACILITY SUBJECT TO THIS  ARTICLE  WITH  RESPECT  TO
PROVIDING FOR JOINT PROCEDURES AND A JOINT HEARING OF COMMON ISSUES ON A
COMBINED  RECORD,  PROVIDED  THAT  SUCH AGREEMENT SHALL NOT DIMINISH THE
RIGHTS ACCORDED TO ANY PARTY UNDER THIS ARTICLE.
  4. THE PRESIDING EXAMINER SHALL ALLOW  TESTIMONY  TO  BE  RECEIVED  ON
REASONABLE  AND  AVAILABLE  ALTERNATE  LOCATIONS, AND, WITH RESPECT TO A
FACILITY THAT HAS NOT BEEN SELECTED PURSUANT TO AN APPROVED  PROCUREMENT
PROCESS,   ALTERNATE  ENERGY  SUPPLY  SOURCES  AND,  WHERE  APPROPRIATE,
DEMAND-REDUCING MEASURES, PROVIDED NOTICE OF THE INTENT TO  SUBMIT  SUCH
TESTIMONY SHALL BE GIVEN WITHIN SUCH PERIOD AS THE BOARD SHALL PRESCRIBE
BY  REGULATION, WHICH PERIOD SHALL BE NOT LESS THAN THIRTY NOR MORE THAN
SIXTY DAYS AFTER THE COMMENCEMENT OF THE HEARING. NEVERTHELESS,  IN  ITS
DISCRETION,  THE  BOARD  MAY  THEREAFTER  CAUSE  TO  BE CONSIDERED OTHER
REASONABLE AND AVAILABLE LOCATIONS, AND, WITH RESPECT TO A FACILITY THAT
HAS NOT BEEN SELECTED  PURSUANT  TO  AN  APPROVED  PROCUREMENT  PROCESS,
ALTERNATE  ENERGY SUPPLY SOURCES AND, WHERE APPROPRIATE, DEMAND-REDUCING
MEASURES.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION,
THE BOARD MAY MAKE A PROMPT DETERMINATION  ON  THE  SUFFICIENCY  OF  THE
APPLICANT'S  CONSIDERATION  AND EVALUATION OF REASONABLE ALTERNATIVES TO
ITS PROPOSED TYPE OF MAJOR ELECTRIC GENERATING FACILITY AND ITS PROPOSED
LOCATION FOR THAT FACILITY, AS REQUIRED PURSUANT  TO  PARAGRAPH  (B)  OF
SUBDIVISION  ONE  OF  SECTION  ONE  HUNDRED  SIXTY-FOUR OF THIS ARTICLE,
BEFORE RESOLUTION OF OTHER ISSUES PERTINENT TO A FINAL DETERMINATION  ON
THE  APPLICATION;  PROVIDED,  HOWEVER,  THAT ALL INTERESTED PARTIES HAVE
REASONABLE OPPORTUNITY TO QUESTION AND PRESENT EVIDENCE IN SUPPORT OF OR
AGAINST THE MERITS OF THE APPLICANT'S CONSIDERATION  AND  EVALUATION  OF
SUCH  ALTERNATIVES, AS REQUIRED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTICLE, SO THAT THE BOARD

A. 7122                            16

IS ABLE TO DECIDE,  IN  THE  FIRST  INSTANCE,  WHETHER  THE  APPLICANT'S
PROPOSAL IS PREFERABLE TO ALTERNATIVES.
  S 168. BOARD  DECISIONS. 1. THE BOARD SHALL MAKE THE FINAL DECISION ON
AN APPLICATION UNDER THIS ARTICLE FOR A CERTIFICATE OR AMENDMENT  THERE-
OF,  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 HEARING SUCH ORAL
ARGUMENT AS THE BOARD SHALL DETERMINE. EXCEPT FOR GOOD  CAUSE  SHOWN  TO
THE SATISFACTION OF THE BOARD, A DETERMINATION UNDER SUBDIVISION FIVE OF
SECTION  ONE  HUNDRED  SIXTY-SEVEN  OF THIS ARTICLE THAT THE APPLICANT'S
PROPOSAL IS PREFERABLE TO ALTERNATIVES SHALL BE FINAL.  SUCH A  DETERMI-
NATION  SHALL  BE  SUBJECT  TO REHEARING AND REVIEW ONLY AFTER THE FINAL
DECISION ON AN APPLICATION IS RENDERED.
  2. THE BOARD SHALL RENDER A DECISION UPON THE RECORD EITHER  TO  GRANT
OR  DENY  THE  APPLICATION AS FILED OR TO CERTIFY THE FACILITY UPON SUCH
TERMS, CONDITIONS, LIMITATIONS OR MODIFICATIONS OF THE  CONSTRUCTION  OR
OPERATION  OF  THE FACILITY AS THE BOARD MAY DEEM APPROPRIATE. THE BOARD
SHALL ISSUE, WITH ITS DECISION, AN OPINION STATING IN FULL  ITS  REASONS
FOR  ITS  DECISION. THE BOARD SHALL ISSUE AN ORDER UPON THE DECISION AND
THE OPINION EMBODYING THE TERMS AND CONDITIONS THEREOF IN FULL.  FOLLOW-
ING ANY REHEARING AND ANY JUDICIAL REVIEW OF THE BOARD'S  DECISION,  THE
BOARD'S JURISDICTION OVER AN APPLICATION SHALL CEASE, PROVIDED, HOWEVER,
THAT  THE BOARD, EXCLUSIVE OF THE AD HOC MEMBERS, SHALL RETAIN JURISDIC-
TION WITH RESPECT TO  THE  AMENDMENT,  SUSPENSION  OR  REVOCATION  OF  A
CERTIFICATE.  THE  COMMISSION  SHALL  MONITOR,  ENFORCE  AND  ADMINISTER
COMPLIANCE WITH ANY TERMS AND CONDITIONS SET FORTH IN THE BOARD'S ORDER.
THE BOARD MAY NOT GRANT A CERTIFICATE FOR THE CONSTRUCTION OR  OPERATION
OF  A MAJOR ELECTRIC GENERATING FACILITY, EITHER AS PROPOSED OR AS MODI-
FIED BY THE BOARD, UNLESS IT SHALL FIRST FIND AND DETERMINE:
  (A)(I) THAT THE FACILITY WILL  SATISFY  ADDITIONAL  ELECTRIC  CAPACITY
NEEDS  OR  OTHER ELECTRIC SYSTEM NEEDS, AND THAT THE CONSTRUCTION OF THE
FACILITY IS CONSISTENT WITH LONG-RANGE ENERGY  PLANNING  OBJECTIVES  AND
STRATEGIES, PROVIDED HOWEVER, THAT SUBSEQUENT TO THE ADOPTION OF A STATE
ENERGY  PLAN  PURSUANT TO ARTICLE SIX OF THE ENERGY LAW, THE BOARD SHALL
FIND AND DETERMINE THAT THE CONSTRUCTION OF THE FACILITY  IS  REASONABLY
CONSISTENT  WITH  THE POLICIES AND LONG-RANGE ENERGY PLANNING OBJECTIVES
AND STRATEGIES CONTAINED IN THE MOST RECENT STATE ENERGY PLAN;  OR  (II)
THAT THE FACILITY WAS SELECTED PURSUANT TO AN APPROVED PROCUREMENT PROC-
ESS;
  (B)  THE  NATURE  OF  THE PROBABLE ENVIRONMENTAL IMPACTS, INCLUDING AN
EVALUATION OF THE PREDICTABLE ADVERSE  AND  BENEFICIAL  IMPACTS  ON  THE
ENVIRONMENT  AND  ECOLOGY, PUBLIC HEALTH AND SAFETY, AESTHETICS, SCENIC,
HISTORIC AND RECREATIONAL VALUE, FOREST AND PARKS, AIR AND WATER  QUALI-
TY,  INCLUDING  THE  CUMULATIVE  EFFECT  OF  AIR EMISSIONS FROM EXISTING
FACILITIES AND THE POTENTIAL FOR SIGNIFICANT DETERIORATION IN LOCAL  AIR
QUALITY, WITH PARTICULAR ATTENTION TO FACILITIES LOCATED IN AREAS DESIG-
NATED AS SEVERE NONATTAINMENT, FISH AND OTHER MARINE LIFE AND WILDLIFE;
  (C)  THAT  THE  FACILITY  (I) MINIMIZES ADVERSE ENVIRONMENTAL IMPACTS,
CONSIDERING THE STATE OF AVAILABLE TECHNOLOGY, THE NATURE AND  ECONOMICS
OF  SUCH REASONABLE ALTERNATIVES AS ARE REQUIRED TO BE EXAMINED PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FOUR OF
THIS ARTICLE, THE INTEREST OF THE  STATE  WITH  RESPECT  TO  AESTHETICS,
PRESERVATION  OF  HISTORIC  SITES,  FOREST AND PARKS, FISH AND WILDLIFE,
VIABLE AGRICULTURAL LANDS, AND OTHER PERTINENT CONSIDERATIONS,  (II)  IS
COMPATIBLE  WITH  PUBLIC HEALTH AND SAFETY, (III) WILL NOT BE IN CONTRA-
VENTION OF WATER QUALITY STANDARDS OR BE  INCONSISTENT  WITH  APPLICABLE

A. 7122                            17

REGULATIONS  OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR IN CASE
NO CLASSIFICATION HAS BEEN MADE OF THE RECEIVING WATERS ASSOCIATED  WITH
THE  FACILITY, WILL NOT DISCHARGE ANY EFFLUENT THAT WILL BE UNDULY INJU-
RIOUS TO THE PROPAGATION AND PROTECTION OF FISH AND WILDLIFE, THE INDUS-
TRIAL  DEVELOPMENT  OF THE STATE, AND PUBLIC HEALTH AND PUBLIC ENJOYMENT
OF THE RECEIVING WATERS, (IV) WILL NOT EMIT ANY POLLUTANTS  TO  THE  AIR
THAT  WILL  BE  IN  CONTRAVENTION  OF  APPLICABLE  AIR  EMISSION CONTROL
REQUIREMENTS OR AIR QUALITY STANDARDS, (V) WILL CONTROL THE  RUNOFF  AND
LEACHATE  FROM  ANY SOLID WASTE DISPOSAL FACILITY, AND (VI) WILL CONTROL
THE DISPOSAL OF ANY HAZARDOUS WASTE;
  (D) IF A FACILITY IS PROPOSED TO BE LOCATED IN THE COASTAL AREA,  THAT
THE  ACTION  IS CONSISTENT WITH APPLICABLE POLICIES SET FORTH IN ARTICLE
FORTY-TWO OF THE EXECUTIVE LAW, OR IF THE FACILITY  IS  PROPOSED  TO  BE
LOCATED IN A MUNICIPALITY WITH A LOCAL WATERFRONT REVITALIZATION PROGRAM
APPROVED BY THE SECRETARY OF STATE, THAT THE ACTION IS CONSISTENT TO THE
MAXIMUM  EXTENT  PRACTICABLE  WITH  THAT LOCAL WATERFRONT REVITALIZATION
PROGRAM;
  (E) THAT THE FACILITY IS DESIGNED TO OPERATE IN COMPLIANCE WITH APPLI-
CABLE STATE AND LOCAL LAWS AND REGULATIONS ISSUED THEREUNDER CONCERNING,
AMONG OTHER MATTERS, THE ENVIRONMENT, PUBLIC HEALTH AND SAFETY,  ALL  OF
WHICH  SHALL  BE  BINDING  UPON THE APPLICANT, EXCEPT THAT THE BOARD MAY
REFUSE TO APPLY ANY LOCAL ORDINANCE, LAW, RESOLUTION OR OTHER ACTION  OR
ANY  REGULATION  ISSUED  THEREUNDER OR ANY LOCAL STANDARD OR REQUIREMENT
WHICH WOULD BE OTHERWISE APPLICABLE IF IT FINDS THAT AS APPLIED  TO  THE
PROPOSED FACILITY SUCH IS UNREASONABLY RESTRICTIVE IN VIEW OF THE EXIST-
ING  TECHNOLOGY  OR  THE NEEDS OF OR COSTS TO RATEPAYERS WHETHER LOCATED
INSIDE OR OUTSIDE OF SUCH MUNICIPALITY.  THE  BOARD  SHALL  PROVIDE  THE
MUNICIPALITY AN OPPORTUNITY TO PRESENT EVIDENCE IN SUPPORT OF SUCH ORDI-
NANCE,  LAW,  RESOLUTION, REGULATION OR OTHER LOCAL ACTION ISSUED THERE-
UNDER; AND
  (F) THAT THE CONSTRUCTION AND OPERATION OF  THE  FACILITY  IS  IN  THE
PUBLIC  INTEREST,  CONSIDERING THE ENVIRONMENTAL IMPACTS OF THE FACILITY
AND REASONABLE ALTERNATIVES EXAMINED AS REQUIRED PURSUANT  TO  PARAGRAPH
(B)  OF  SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FOUR OF THIS ARTI-
CLE.
  3. THE BOARD MAY, EITHER AS A PART OF THE DECISION DESCRIBED IN SUBDI-
VISION TWO OF THIS SECTION OR AS A PART OF ANY DETERMINATION AS  MAY  BE
APPROPRIATELY  MADE  IN CONFORMANCE WITH REGULATIONS ADOPTED PURSUANT TO
SUBDIVISION SEVEN OF SECTION ONE HUNDRED  SIXTY-FOUR  OF  THIS  ARTICLE,
ISSUE  PERMITS  PURSUANT  TO  FEDERAL  RECOGNITION OF STATE AUTHORITY IN
ACCORDANCE WITH THE FEDERAL CLEAN WATER ACT, THE FEDERAL CLEAN  AIR  ACT
AND  THE  FEDERAL  RESOURCE  CONSERVATION AND RECOVERY ACT. SUCH PERMITS
SHALL BE  BASED  UPON  THE  EVIDENCE  OF  RECORD  WITH  RESPECT  TO  THE
CONSTRUCTION  AND  OPERATION  OF  THE  POLLUTION  CONTROL SYSTEMS OF THE
FACILITY AND SHALL CONTAIN SUCH CONDITIONS AND LIMITATIONS AS THE  BOARD
SHALL DEEM APPROPRIATE. THE ISSUANCE OF SUCH PERMITS AS PART OF A DETER-
MINATION  HEREUNDER  SHALL  NOT PREVENT THE BOARD, IF IT BE SO DISPOSED,
FROM DENYING THE APPLICATION UNDER SUBDIVISION TWO OF  THIS  SECTION  IN
WHICH  EVENT THE PERMIT SHALL THENCEFORTH BE DEEMED TO BE OF NO FORCE OR
EFFECT.
  4. A COPY OF THE BOARD'S DECISION AND OPINION SHALL BE SERVED ON  EACH
PARTY PERSONALLY OR BY MAIL.
  S 169. OPINION  TO BE ISSUED WITH DECISION. IN RENDERING A DECISION ON
AN APPLICATION FOR A CERTIFICATE, THE BOARD SHALL ISSUE AN OPINION STAT-
ING ITS REASONS FOR THE ACTION TAKEN. IF THE BOARD HAS  FOUND  THAT  ANY
LOCAL  ORDINANCE,  LAW,  RESOLUTION,  REGULATION  OR OTHER ACTION ISSUED

A. 7122                            18

THEREUNDER OR ANY OTHER LOCAL STANDARD OR  REQUIREMENT  WHICH  WOULD  BE
OTHERWISE  APPLICABLE  IS UNREASONABLY RESTRICTIVE PURSUANT TO PARAGRAPH
(E) OF SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS  ARTI-
CLE, IT SHALL STATE IN ITS OPINION THE REASONS THEREFOR.
  S  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 AGGRIEV-
ING DECISION. ANY SUCH APPLICATION SHALL BE CONSIDERED  AND  DECIDED  BY
THE  BOARD  AND ANY REHEARING SHALL BE COMPLETED AND A DECISION RENDERED
THEREON WITHIN NINETY DAYS OF THE EXPIRATION OF THE  PERIOD  FOR  FILING
REHEARING  PETITIONS,  PROVIDED  HOWEVER  THAT  THE BOARD MAY EXTEND THE
DEADLINE BY NO MORE THAN NINETY DAYS WHERE A REHEARING  IS  REQUIRED  IF
NECESSARY  TO  DEVELOP  AN ADEQUATE RECORD. THE APPLICANT MAY WAIVE SUCH
DEADLINE. THEREAFTER SUCH A PARTY MAY OBTAIN  JUDICIAL  REVIEW  OF  SUCH
DECISION  AS  PROVIDED  IN  THIS SECTION. A JUDICIAL PROCEEDING SHALL BE
BROUGHT IN THE APPELLATE DIVISION OF THE SUPREME COURT OF THE  STATE  OF
NEW  YORK  IN  THE  JUDICIAL DEPARTMENT EMBRACING THE COUNTY WHEREIN THE
FACILITY IS TO BE LOCATED OR, IF THE APPLICATION IS DENIED,  THE  COUNTY
WHEREIN THE APPLICANT HAS PROPOSED TO LOCATE THE FACILITY. SUCH PROCEED-
ING  SHALL BE INITIATED BY THE FILING OF A PETITION IN SUCH COURT WITHIN
THIRTY DAYS AFTER THE ISSUANCE OF A FINAL DECISION BY THE BOARD UPON THE
APPLICATION FOR REHEARING TOGETHER WITH PROOF OF SERVICE OF A DEMAND  ON
THE  BOARD TO FILE WITH SAID COURT A COPY OF A WRITTEN TRANSCRIPT OF THE
RECORD OF THE PROCEEDING AND A COPY OF THE BOARD'S DECISION AND OPINION.
THE BOARD'S COPY OF SAID TRANSCRIPT,  DECISION  AND  OPINION,  SHALL  BE
AVAILABLE AT ALL REASONABLE TIMES TO ALL PARTIES FOR EXAMINATION WITHOUT
COST.    UPON RECEIPT OF SUCH PETITION AND DEMAND THE BOARD SHALL FORTH-
WITH DELIVER TO THE COURT A COPY OF THE RECORD AND A COPY OF THE BOARD'S
DECISION AND OPINION. THEREUPON, THE COURT SHALL  HAVE  JURISDICTION  OF
THE PROCEEDING AND SHALL HAVE THE POWER TO GRANT SUCH RELIEF AS IT DEEMS
JUST AND PROPER, AND TO MAKE AND ENTER AN ORDER ENFORCING, MODIFYING AND
ENFORCING  AS  SO  MODIFIED,  REMANDING FOR FURTHER SPECIFIC EVIDENCE OR
FINDINGS OR SETTING ASIDE IN WHOLE OR IN PART SUCH DECISION. THE  APPEAL
SHALL  BE  HEARD ON THE RECORD, WITHOUT REQUIREMENT OF REPRODUCTION, AND
UPON BRIEFS TO THE COURT. NO OBJECTION THAT HAS NOT BEEN  URGED  BY  THE
PARTY IN HIS APPLICATION FOR REHEARING BEFORE THE BOARD SHALL BE CONSID-
ERED  BY THE COURT, UNLESS THE FAILURE OR NEGLECT TO URGE SUCH OBJECTION
SHALL BE EXCUSED BECAUSE OF EXTRAORDINARY CIRCUMSTANCES. THE FINDINGS OF
FACT ON WHICH SUCH DECISION IS BASED SHALL BE CONCLUSIVE IF SUPPORTED BY
SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS  OF
JUDICIAL NOTICE SET FORTH IN THE OPINION. THE JURISDICTION OF THE APPEL-
LATE  DIVISION  OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDGMENT
AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF  APPEALS  IN
THE  SAME  MANNER  AND  FORM  AND  WITH  THE SAME EFFECT AS PROVIDED FOR
APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME  COURT  AND  BY  THE
COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
OVER ALL OTHER MATTERS.
  2.  THE  GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
TO WHETHER THE DECISION AND OPINION OF THE BOARD ARE:
  (A) IN CONFORMITY WITH THE CONSTITUTION OF THE STATE  AND  THE  UNITED
STATES;
  (B)  SUPPORTED  BY  SUBSTANTIAL  EVIDENCE IN THE RECORD AND MATTERS OF
JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
  (C) WITHIN THE BOARD'S STATUTORY JURISDICTION OR AUTHORITY;

A. 7122                            19

  (D) MADE IN ACCORDANCE WITH PROCEDURES SET FORTH IN  THIS  ARTICLE  OR
ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS ARTICLE; OR
  (E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION.
  3.  EXCEPT  AS  PROVIDED IN THIS SECTION, ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES SHALL APPLY TO APPEALS  TAKEN  PURSUANT  TO
THIS ARTICLE.
  S  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 JURIS-
DICTION TO HEAR OR DETERMINE ANY MATTER, CASE OR CONTROVERSY  CONCERNING
ANY MATTER WHICH WAS OR COULD HAVE BEEN DETERMINED IN A PROCEEDING UNDER
THIS  ARTICLE  OR  TO  STOP  OR DELAY THE CONSTRUCTION OR OPERATION OF A
MAJOR ELECTRIC GENERATING FACILITY EXCEPT  TO  ENFORCE  COMPLIANCE  WITH
THIS ARTICLE OR THE TERMS AND CONDITIONS ISSUED THEREUNDER.
  S  172. POWERS OF MUNICIPALITIES AND STATE AGENCIES.  1. NOTWITHSTAND-
ING 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 GENERAT-
ING FACILITY WITH RESPECT TO WHICH  AN  APPLICATION  FOR  A  CERTIFICATE
HEREUNDER  HAS BEEN FILED, OTHER THAN THOSE PROVIDED BY OTHERWISE APPLI-
CABLE  STATE  LAW  FOR  THE  PROTECTION  OF  EMPLOYEES  ENGAGED  IN  THE
CONSTRUCTION  AND OPERATION OF SUCH FACILITY; PROVIDED, HOWEVER, THAT IN
THE CASE OF A MUNICIPALITY OR AN AGENCY THEREOF, SUCH  MUNICIPALITY  HAS
RECEIVED  NOTICE OF THE FILING OF THE APPLICATION THEREFOR; AND PROVIDED
FURTHER HOWEVER, THAT THE  DEPARTMENT  OF  STATE  MAY  MAKE  CONSISTENCY
DETERMINATIONS  PURSUANT  TO THE FEDERAL COASTAL ZONE MANAGEMENT ACT. IN
ISSUING SUCH DETERMINATIONS, THE SECRETARY OF  THE  STATE  SHALL  FOLLOW
PROCEDURES  ESTABLISHED  IN  THIS  ARTICLE  TO  THE EXTENT THAT THEY ARE
CONSISTENT WITH THE FEDERAL COASTAL ZONE MANAGEMENT ACT AND  ITS  IMPLE-
MENTING  REGULATION;  AND PROVIDED FURTHER, HOWEVER, THAT THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION MAY ISSUE PERMITS  PURSUANT  TO  FEDERALLY
DELEGATED  OR  APPROVED AUTHORITY UNDER THE FEDERAL CLEAN WATER ACT, THE
FEDERAL CLEAN AIR ACT AND THE FEDERAL RESOURCE CONSERVATION AND RECOVERY
ACT. IN ISSUING SUCH PERMITS, THE COMMISSIONER OF ENVIRONMENTAL  CONSER-
VATION SHALL FOLLOW PROCEDURES ESTABLISHED IN THIS ARTICLE TO THE EXTENT
THAT  THEY  ARE CONSISTENT WITH FEDERALLY DELEGATED OR APPROVED ENVIRON-
MENTAL PERMITTING AUTHORITY. THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
TION AND THE SECRETARY OF STATE SHALL PROVIDE SUCH PERMITS TO THE  BOARD
PRIOR TO ITS DETERMINATION WHETHER OR NOT TO ISSUE A CERTIFICATE.
  2.  THE  ADIRONDACK  PARK  AGENCY SHALL NOT HOLD PUBLIC HEARINGS FOR A
MAJOR ELECTRIC GENERATING FACILITY WITH RESPECT TO WHICH AN  APPLICATION
HEREUNDER IS FILED, PROVIDED THAT SUCH AGENCY HAS RECEIVED NOTICE OF THE
FILING OF SUCH APPLICATION.
  S  2.  The  opening  paragraph  and  paragraph (b) of subdivision 5 of
section 8-0111 of the environmental conservation law, as added by  chap-
ter 612 of the laws of 1975, are amended to read as follows:
  The  requirements of [subdivision two of section 8-0109 of] this arti-
cle shall not apply to:
  (b) Actions subject to the provisions requiring a certificate of envi-
ronmental compatibility and public need in articles  seven  [and  eight]
AND TEN AND FORMER ARTICLE EIGHT of the public service law; or
  S  3. Section 17-0701 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:

A. 7122                            20

  8. IN THE CASE OF A MAJOR ELECTRIC GENERATING FACILITY, AS DEFINED  IN
SECTION   ONE   HUNDRED  SIXTY  OF  THE  PUBLIC  SERVICE  LAW,  FOR  THE
CONSTRUCTION OR OPERATION OF WHICH A CERTIFICATE IS REQUIRED UNDER ARTI-
CLE TEN OF THE PUBLIC SERVICE LAW, SUCH CERTIFICATE SHALL  BE  DEEMED  A
PERMIT  UNDER  THIS  SECTION  IF  ISSUED  BY THE STATE BOARD ON ELECTRIC
GENERATION SITING AND THE ENVIRONMENT PURSUANT TO FEDERALLY DELEGATED OR
APPROVED ENVIRONMENTAL PERMIT AUTHORITY. NOTHING HEREIN SHALL LIMIT  THE
AUTHORITY OF THE DEPARTMENT OF HEALTH AND THIS DEPARTMENT TO MONITOR THE
ENVIRONMENTAL  AND  HEALTH  IMPACTS RESULTING FROM THE OPERATION OF SUCH
MAJOR ELECTRIC GENERATING FACILITY AND TO ENFORCE APPLICABLE  PROVISIONS
OF  THE  PUBLIC HEALTH LAW AND THIS CHAPTER AND THE TERMS AND CONDITIONS
OF THE  CERTIFICATE  GOVERNING  THE  ENVIRONMENTAL  AND  HEALTH  IMPACTS
RESULTING FROM SUCH OPERATION.
  S  4.  Section 17-0823 of the environmental conservation law, as added
by chapter 801 of the laws of 1973, is amended to read as follows:
S 17-0823. Power plant siting.
  In the case of a major steam electric generating facility, as  defined
in  FORMER  section one hundred forty of the public service law, for the
construction or operation of  which  a  certificate  is  required  under
FORMER  article eight of [such] THE PUBLIC SERVICE law, OR A MAJOR ELEC-
TRIC GENERATING FACILITY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF  THE
PUBLIC SERVICE LAW, FOR THE CONSTRUCTION OR OPERATION OF WHICH A CERTIF-
ICATE  IS  REQUIRED  UNDER  ARTICLE  TEN  OF THE PUBLIC SERVICE 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 elec-
tric generating facility, be deemed for all purposes to  refer  to  such
certificate,  provided  that nothing] SUCH CERTIFICATE SHALL BE DEEMED A
PERMIT UNDER THIS SECTION IF ISSUED  BY  THE  STATE  BOARD  ON  ELECTRIC
GENERATION SITING AND THE ENVIRONMENT PURSUANT TO FEDERALLY DELEGATED OR
APPROVED  ENVIRONMENTAL PERMIT AUTHORITY. NOTHING herein shall limit the
authority of the [departments] DEPARTMENT of health  and  [environmental
conservation]  THE  DEPARTMENT  to  monitor the environmental and health
impacts resulting from the operation of such major steam electric gener-
ating facility OR MAJOR ELECTRIC  GENERATING  FACILITY  and  to  enforce
applicable  provisions  of  the  public  health  LAW  and [environmental
conservation laws] THIS CHAPTER 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.
  S 5. Paragraph j of subdivision 2 of section 19-0305 of  the  environ-
mental  conservation law, as amended by chapter 525 of the laws of 1981,
is amended to read as follows:
  j. Consider for approval or disapproval applications for  permits  and
certificates  including  plans  or  specifications for air contamination
sources and air cleaning installations or any part thereof submitted [to
him pursuant to] CONSISTENT  WITH  the  rules  of  the  department,  and
inspect  the  installation  for  compliance with the plans or specifica-
tions; provided that in the case of a major  steam  electric  generating
facility, as defined in [either] FORMER section one hundred forty of the
public  service  law,  for  which  a certificate is required pursuant to
[either] FORMER article eight of [such] THE PUBLIC  SERVICE  law,  OR  A
MAJOR  ELECTRIC  GENERATING  FACILITY  AS DEFINED IN SECTION ONE HUNDRED

A. 7122                            21

SIXTY OF THE PUBLIC SERVICE LAW, FOR WHICH  A  CERTIFICATE  IS  REQUIRED
PURSUANT  TO  ARTICLE TEN OF THE PUBLIC SERVICE LAW, such approval func-
tions [shall] MAY be performed by the state board on electric generation
siting and the environment, as defined in [such] THE PUBLIC SERVICE law,
PURSUANT  TO  FEDERALLY  DELEGATED  OR APPROVED ENVIRONMENTAL PERMITTING
AUTHORITY, and such inspection  functions  shall  be  performed  by  the
department[;  provided further that nothing]. NOTHING herein shall limit
the authority of the [departments] DEPARTMENT of  health  and  [environ-
mental  conservation]  THE  DEPARTMENT  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  LAW  and  [the environmental conservation laws] THIS CHAPTER and
the terms and conditions of the certificate governing the  environmental
and health impacts resulting from such operation.
  S 6. Paragraph (e) of subdivision 3 of section 49-0307 of the environ-
mental conservation law, as added by chapter 292 of the laws of 1984, is
amended to read as follows:
  (e)  where  land  subject to a conservation easement or an interest in
such land is required for a major utility  transmission  facility  which
has  received  a  certificate  of environmental compatibility and public
need pursuant to article seven of the public service law or is  required
for  a  major  steam  electric  generating facility which has received a
certificate [or] OF environmental compatibility and public need pursuant
to FORMER article eight of the public service law, OR A  MAJOR  ELECTRIC
GENERATING  FACILITY  WHICH  HAS RECEIVED A CERTIFICATE OF ENVIRONMENTAL
COMPATIBILITY AND PUBLIC NEED PURSUANT TO  ARTICLE  TEN  OF  THE  PUBLIC
SERVICE  LAW, upon the filing of such certificate in a manner prescribed
for recording a conveyance of real  property  pursuant  to  section  two
hundred  ninety-one  of  the  real  property law or any other applicable
provision of law, provided that such certificate contains a finding that
the public interest in the conservation and protection  of  the  natural
resources,  open  spaces and scenic beauty of the Adirondack or Catskill
parks has been considered.
  S 7. Section 1014 of the public authorities law, as amended by chapter
446 of the laws of 1972, is amended to read as follows:
  S 1014. Public service law not applicable to  authority;  inconsistent
provisions  in  other acts superseded. The rates, services and practices
relating to the generation, transmission, distribution and sale  by  the
authority, of power to be generated from the projects authorized by this
title  shall  not be subject to the provisions of the public service law
nor to regulation by, nor the jurisdiction of the department  of  public
service.  Except  to  the extent article seven of the public service law
applies to the siting and operation  of  a  major  utility  transmission
facility  as defined therein,  AND ARTICLE TEN OF THE PUBLIC SERVICE LAW
APPLIES TO SITING OF MAJOR ELECTRIC  GENERATING  FACILITIES  AS  DEFINED
THEREIN,  and  except  to  the  extent  section eighteen-a of [such] THE
PUBLIC SERVICE law provides for assessment of the authority for  certain
costs  relating thereto, the provisions of the public service law and of
the ENVIRONMENTAL conservation law and every other law relating  to  the
department  of public service or the public service commission or to the
[conservation] department OF ENVIRONMENTAL CONSERVATION or to the  func-
tions,  powers  or  duties  assigned  to the division of water power and
control by chapter six hundred  nineteen[,]  of  the  laws  of  nineteen
hundred  twenty-six,  shall  so  far  as is necessary to make this title
effective in accordance with its terms and  purposes  be  deemed  to  be
superseded, and wherever any provision of law shall be found in conflict

A. 7122                            22

with  the  provisions  of  this  title or inconsistent with the purposes
thereof, it shall be deemed to be superseded, modified  or  repealed  as
the case may require.
  S 8. Subdivision 1 of section 1020-s of the public authorities law, as
added by chapter 517 of the laws of 1986, is amended to read as follows:
  1.  The  rates,  services  and  practices  relating to the electricity
generated by facilities owned or operated by the authority shall not  be
subject to the provisions of the public service law or to regulation by,
or  the  jurisdiction  of,  the public service commission, except to the
extent (a) article seven of the public service law applies to the siting
and operation of a major utility transmission facility as defined there-
in, (b) article [eight] TEN of [such] THE PUBLIC SERVICE law applies  to
the  siting of a generating facility as defined therein, and (c) section
eighteen-a of [such] THE PUBLIC SERVICE law provides for assessment  for
certain costs, property or operations.
  S  9. The state finance law is amended by adding a new section 97-kkkk
to read as follows:
  S 97-KKKK. ELECTRIC GENERATING FACILITIES INTERVENOR ACCOUNT. 1. THERE
IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER  AND
THE  COMMISSIONER  OF TAXATION AND FINANCE AN ACCOUNT TO BE KNOWN AS THE
ELECTRIC GENERATING FACILITIES INTERVENOR ACCOUNT.
  2. SUCH ACCOUNT SHALL CONSIST OF ALL  REVENUES  RECEIVED  FROM  SITING
APPLICATION  FEES FOR ELECTRIC GENERATING FACILITIES PURSUANT TO SECTION
ONE HUNDRED SIXTY-FOUR OF THE PUBLIC SERVICE LAW.
  3. MONEYS OF THE ACCOUNT, FOLLOWING APPROPRIATION BY THE  LEGISLATURE,
MAY BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE HUNDRED
SIXTY-FOUR  OF  THE  PUBLIC SERVICE LAW. MONEYS SHALL BE PAID OUT OF THE
ACCOUNT ON THE AUDIT AND WARRANT OF THE STATE  COMPTROLLER  ON  VOUCHERS
CERTIFIED OR APPROVED BY THE CHAIR OF THE PUBLIC SERVICE COMMISSION.
  S  10.  Separability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the  remainder  thereof,  but  shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof  directly  involved
in the controversy in which such judgment shall have been rendered.
  S  11.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law, provided that nothing in this  section
shall  be  construed to limit any administrative authority, with respect
to matters included in this act, which existed prior  to  the  effective
date of this act.