N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-6.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-6.1 - Facility Authorization

(a)Compliance. The permittee shall implement any impact avoidance, minimization and/or mitigation measures identified in the exhibits, compliance filings and/or contained in a specific plan required under this Part 1100, as approved by the Office. If there is any discrepancy between an exhibit or compliance filing and a permit condition, the permittee shall comply with the permit condition and notify the Office immediately for resolution.

(b)Property Rights. Issuance of a siting permit does not convey any rights or interests in public or private property. The permittee shall be responsible for obtaining all real property, rights-of-way (ROW), access rights and other interests or licenses in real property required for the construction and operation of the facility.

(c)Eminent Domain. Issuance of a siting permit to a permittee that is an entity in the nature of a merchant generator and not in the nature of a fully regulated public utility company with an obligation to serve customers does not constitute a finding of public need for any particular parcel of land such that a condemner would be entitled to an exemption from the provisions of article 2 of the New York State Eminent Domain Procedure Law ("EDPL") pursuant to section 206 of the EDPL.

(d)Other Permits and Approvals. Prior to the permittee's commencement of construction, the permittee shall be responsible for obtaining all necessary federal and federally-delegated permits and any other approvals that may be required for the facility and which the Office is not empowered to provide or has expressly authorized. In addition, the Office expressly authorizes:

(1) The PSC to require approvals, consents, permits, other conditions for the construction or operation of the facility under PSL sections 68, 69, 70, and article VII, as applicable, with the understanding that the PSC will not duplicate any issue already addressed by the Office and will instead only act on its police power functions related to the entity as described in the body of this siting permit;

(2) The NYSDOT to administer permits associated with oversize/overweight vehicles and deliveries, highway work permits, and associated use and occupancy approvals as needed to construct and operate the facility; and

(3) The pertinent agency to implement the New York State Uniform Fire Prevention and Building Code.

(e)Water Quality Certification. Prior to commencing construction, the permittee shall request and obtain from the Office a water quality certification pursuant to section 401 of the Clean Water Act, if required.

(f)Host Community Benefits. The permittee shall provide host community benefits, such as Payments in Lieu of Taxes (PILOTs), other payments pursuant to a host community agreement or other project(s) agreed to by the host community.

(g)Notice to Proceed with Construction. The permittee and its contractors shall not commence construction until a "Notice to Proceed with Construction" has been issued by the Office. Such Notice will be issued promptly after all applicable pre-construction compliance filings have been filed by the permittee and approved by the Office. The Notice will not be unreasonably withheld. The Office may issue a conditional "Notice to Proceed with Site Preparation" for the removal of trees, stumps, shrubs and vegetation from the facility site as indicated on Office-approved site clearing plans to clear the facility site for construction, as well as setting up and staging of the laydown yard(s), including bringing in equipment, prior to the submission of all pre-construction compliance filings.

(h)Expiration. The siting permit will automatically expire if the facility does not achieve commencement of commercial operation within seven (7) years from the date of issuance.

(i)Partial Cancellation. If the permittee decides not to commence construction of any portion of the facility, it shall so notify the Office promptly after making such decision. Such decisions shall not require a modification to the siting permit unless the Office determines that such change constitutes a major modification to the siting permit pursuant to section 1100-11.1 of this Part.

(j)Deadline Extensions. The Office may extend any deadlines established by the siting permit for good cause shown. Any request for an extension shall be in writing, include a justification for the extension, and be filed at least fourteen (14) business days prior to the applicable deadline.

(k)Office Authority. The permittee shall regard NYSDPS staff, authorized pursuant to PSL section 66(8), as the Office's representatives in the field. In the event of any emergency resulting from the specific construction or maintenance activities that violate, or may violate, the terms of the siting permit, compliance filings or any other supplemental filings, such NYSDPS staff may issue a stop work order for that location or activity pursuant to section 1100-12.1 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-6.1

Transferred from 900-6.1 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024