§ 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 the
former article eight of the public service law, or 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 article 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 the department to monitor the environmental and health
impacts resulting from the operation of such major steam electric
generating facility or major electric generating facility and to enforce
applicable provisions of the public health law and this article 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.