§ 163. Pre-application procedures. 1. Any person proposing to submit\nan application for a certificate shall file with the board a preliminary\nscoping statement containing a brief discussion, on the basis of\navailable information, of the following items:\n (a) description of the proposed facility and its environmental\nsetting;\n (b) potential environmental and health impacts resulting from the\nconstruction and operation of the proposed facility;\n (c) proposed studies or program of studies designed to evaluate\npotential environmental and health impacts, including, for proposed\nwind-powered facilities, proposed studies during pre-construction\nactivities and a proposed period of post-construction operations\nmonitoring for potential impacts to avian and bat species;\n (d) measures proposed to minimize environmental impacts; and\n (e) where the proposed facility intends to use petroleum or other\nback-up fuel for generating electricity, a discussion and/or study of\nthe sufficiency of the proposed on-site fuel storage capacity and\nsupply; and\n (f) reasonable alternatives to the facility that may be required by\nparagraph (i) of subdivision one of section one hundred sixty-four of\nthis article;\n (g) identification of all other state and federal permits,\ncertifications, or other authorizations needed for construction,\noperation or maintenance of the proposed facility; and\n (h) any other information that may be relevant or that the board may\nrequire.\n 2. Such person shall serve copies of the preliminary scoping statement\non persons enumerated in paragraph (a) of subdivision two of section one\nhundred sixty-four of this article and provide notice of such statement\nas provided in paragraph (b) of such subdivision in plain language, in\nEnglish and in any other language spoken as determined by the board by a\nsignificant portion of the population in the community, that describes\nthe proposed facility and its location, the range of potential\nenvironmental and health impacts of each pollutant, the application and\nreview process, and a contact person, with phone number and address,\nfrom whom information will be available as the application proceeds.\n 3. To facilitate the pre-application and application processes and\nenable citizens to participate in decisions that affect their health and\nsafety and the environment, the department and such person shall provide\nopportunities for citizen involvement. Such opportunities shall\nencourage consultation with the public early in the pre-application and\napplication processes, especially before any parties enter a stipulation\npursuant to subdivision five of this section. The primary goals of the\ncitizen participation process shall be to facilitate communication\nbetween the applicant and interested or affected persons. The process\nshall foster the active involvement of the interested or affected\npersons.\n 4. (a) Each pre-application preliminary scoping statement shall be\naccompanied by a fee in an amount equal to three hundred fifty dollars\nfor each thousand kilowatts of generating capacity of the subject\nfacility, but no more than two hundred thousand dollars, to be deposited\nin the intervenor account established pursuant to section\nninety-seven-kkkk of the state finance law, to be disbursed at the\nhearing examiner's direction to defray pre-application expenses incurred\nby municipal and local parties (except for a municipality submitting the\npre-application scoping statement) for expert witness, consultant,\nadministrative and legal fees. If at any time subsequent to the filing\nof the pre-application the pre-application is substantially modified or\nrevised, the board may require an additional pre-application intervenor\nfee in an amount not to exceed twenty-five thousand dollars. No fees\nmade available under this paragraph shall be used for judicial review or\nlitigation. Any moneys remaining in the intervenor account upon the\nsubmission of an
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.