* § 141. Applicability related to siting major electric transmission
facilities. 1. Except as provided in paragraph (b) of subdivision five
of this section, no person shall commence the preparation of a site for,
or begin the construction of, a major electric transmission facility in
the state without having first obtained a siting permit pursuant to this
article. Any major electric transmission facility subject to this
article with respect to which a siting permit is issued shall not
thereafter be built, maintained, or operated except in conformity with
such siting permit and any terms, limitations, or conditions contained
therein, provided that nothing in this subdivision shall exempt such
facility from compliance with federal laws and regulations.

2. A major electric transmission facility siting permit issued by ORES
may be transferred or assigned, subject to the prior written approval of
the office of renewable energy siting and electric transmissions, to a
person that agrees to comply with the terms, limitations and conditions
contained in such siting major electric transmission facility permit.

3. ORES or a permittee may initiate an amendment to a major electric
transmission facility siting permit under this section. An amendment
initiated by ORES or a permittee that is likely to result in any
material increase in any adverse environmental impact or involves a
substantial change to the terms or conditions of a major electric
transmission facility siting permit shall comply with the public notice
and hearing requirements of this section.

4. Any hearings or dispute resolution proceedings initiated under this
article or pursuant to rules or regulations promulgated pursuant to this
section may be conducted by the executive director of ORES or any person
to whom the executive director shall delegate the power and authority to
conduct such hearings or proceedings in the name of ORES at any time and
place.

5. This section shall not apply:

(a) to any major electric transmission 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; provided, however, that nothing herein shall be construed to
expand federal jurisdiction;

(b) to normal repairs, maintenance, replacements, non-material
modifications and improvements of a major electric transmission facility
subject to this article, whenever built, which are performed in the
ordinary course of business and which do not constitute a violation of
any applicable existing permit; and

(c) to a major electric transmission facility for which an application
pursuant to article VII of this chapter and its implementing regulations
is submitted on or before the establishment of the uniform standards and
conditions required pursuant to subdivision one of section one hundred
forty-one of this article.

6. After the effective date of this section, any person intending to
construct a major electric transmission facility excluded from this
section pursuant to paragraph (c) of subdivision five of this section
may elect to become subject to the provisions of this section by filing
an application for a major electric transmission facility siting permit
pursuant to the regulations of ORES governing such applications.

* NB Repealed December 31, 2040