§ 162. Board certificate. 1. Following the promulgation of rules and
regulations pursuant to paragraphs (f) and (g) of subdivision one of
section one hundred sixty-four of this article, and section 19-0312 of
the environmental conservation law, no person shall commence the
preparation of a site for, or begin the construction of a major electric
generating facility in the state, or increase the capacity of an
existing electric generating facility by more than twenty-five thousand
kilowatts 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
herein shall exempt such facility from compliance with federal, state
and local laws and regulations except as otherwise provided in this
article. A certificate for a major electric generating facility, or an
increase in the capacity of an existing electric generating facility by
more than twenty-five thousand kilowatts, 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 under this article may be amended pursuant to
this section.

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 siting 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 twenty-five thousand kilowatts;

* (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
generating capacity of which does not exceed two hundred thousand
kilowatts;

* NB Effective until December 31, 2030

* (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
generating capacity of which does not exceed two hundred thousand
kilowatts; or

* NB Effective December 31, 2030

* (d) To a major electric generating facility if, on or before the
effective date of the rules and regulations promulgated pursuant to this
article and section 19-0312 of the environmental conservation law, an
application has been made for a license, permit, certificate, consent or
approval from any federal, state or local commission, agency, board or
regulatory body, in which application the location of the major electric
generating facility has been designated by the applicant; or if the
facility is under construction at such time; or

* NB Effective until December 31, 2030

* (d) To a major electric generating facility if, on or before the
effective date of the rules and regulations promulgated pursuant to this
article and section 19-0312 of the environmental conservation law, an
application has been made for a license, permit, certificate, consent or
approval from any federal, state or local commission, agency, board or
regulatory body, in which application the location of the major electric
generating facility has been designated by the applicant; or if the
facility is under construction at such time.

* NB Effective December 31, 2030

* (e) To a major renewable energy facility as such term is defined in
article VIII of this chapter; provided, however, that any person
intending to construct a major renewable energy facility, that has a
draft pre-application public involvement program plan pursuant to
section one hundred sixty-three of this article and the regulations
implementing this article, which is pending with the siting board as of
the effective date of this paragraph may remain subject to the
provisions of this article or, may, by written notice to the secretary
of the commission, elect to become subject to the provisions of article
VIII of this chapter.

* NB Effective until December 31, 2040

* (e) To a major renewable energy facility as such term is defined in
section ninety-four-c of the executive law; provided, however, that any
person intending to construct a major renewable energy facility, that
has a draft pre-application public involvement program plan pursuant to
section one hundred sixty-three of this article and the regulations
implementing this article, which is pending with the siting board as of
the effective date of this paragraph may remain subject to the
provisions of this article or, may, by written notice to the secretary
of the commission, elect to become subject to the provisions of section
ninety-four-c of the executive law.

* NB Repealed December 31, 2030

5. Any person intending to construct a major electric generating
facility excluded from this article pursuant to paragraph (b), (c), or
(d) 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 chair of the board. This article shall thereafter apply to each
electric generating facility identified in such notice from the date of
its receipt by the chair of the board. For the purposes of this article,
each such facility shall be treated in the same manner as a major
electric generating facility as defined in this article.