New York Laws
Article 10 - Siting of Major Electric Generating Facilities
172 - Powers of Municipalities and State Agencies.

§ 172. Powers of municipalities and state agencies. 1. Notwithstanding
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
generating facility with respect to which an application for a
certificate hereunder has been filed, including pursuant to paragraph
(e) of subdivision three of section one hundred sixty-eight of this
article, any such approval, consent, permit, certificate or condition
relating to the interconnection to or use of water, electric, sewer,
telecommunication, fuel and steam lines in public rights of way,
provided that this article shall not impair or abrogate any federal,
state or local labor laws or any otherwise applicable 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 environmental conservation shall be the permitting agency
for permits issued 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 conservation shall follow procedures
established in this article to the extent that they are consistent with
federally delegated or approved environmental permitting authority. The
commissioner of environmental conservation shall provide such permits to
the board prior to its determination whether or not to issue a
certificate. The issuance by the department of environmental
conservation of such permits shall in no way interfere with the required
review by the board of the anticipated environmental and health impacts
relating to the construction and operation of the facility as proposed,
or its authority to deny an application for certification pursuant to
section one hundred sixty-eight of this article, and, in the event of
such a denial, any such permits shall be deemed null and void.

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.