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§ 164. Application  for  a  certificate.  1.  An  applicant  for  a
 certificate shall file with the board an application, in  such  form  as
 the  board  may  prescribe  containing  the  following  information  and
 materials:
 (a) A description of the site and a description of the facility to  be
 built   thereon;   including   available   site  information,  maps  and
 descriptions, present and proposed development,  source  and  volume  of
 water required for plant operation and cooling, anticipated emissions to
 air,  including  but  not  limited  to  federal  criteria pollutants and
 mercury, anticipated discharges  to  water  and  groundwater,  pollution
 control  equipment,  and,  as  appropriate,  geological, visual or other
 aesthetic,  ecological,  tsunami,  seismic,  biological,  water  supply,
 population and load center data;
 (b) An evaluation of the expected environmental and health impacts and
 safety  implications  of  the facility, both during its construction and
 its operation, including any studies, identifying the  author  and  date
 thereof,  used  in  the evaluation, which identifies (i) the anticipated
 gaseous, liquid  and  solid  wastes  to  be  produced  at  the  facility
 including   their   source,   anticipated   volumes,   composition   and
 temperature, and such other attributes as the board may specify and  the
 probable  level  of  noise  during  construction  and  operation  of the
 facility; (ii) the treatment processes to reduce wastes to  be  released
 to  the  environment,  the  manner  of  disposal for wastes retained and
 measures for noise abatement; (iii) the anticipated volumes of wastes to
 be released to the environment under  any  operating  condition  of  the
 facility,   including   such   meteorological,  hydrological  and  other
 information  needed  to  support   such   estimates;   (iv)   conceptual
 architectural  and  engineering  plans  indicating  compatibility of the
 facility with the environment; (v) how the construction and operation of
 the facility, including transportation  and  disposal  of  wastes  would
 comply  with  environmental  health  and safety standards, requirements,
 regulations and rules under state and municipal laws,  and  a  statement
 why   any   variances  or  exceptions  should  be  granted;  (vi)  water
 withdrawals from and discharges to the watershed; (vii) a description of
 the fuel interconnection and supply  for  the  project;  and  (viii)  an
 electric  interconnection  study, consisting generally of a design study
 and a system reliability impact study;
 (c) Such evidence as will enable the board  and  the  commissioner  of
 environmental  conservation to evaluate the facility's pollution control
 systems and to reach a  determination  to  issue  therefor,  subject  to
 appropriate  conditions  and  limitations,  permits  pursuant to federal
 recognition of state authority in  accordance  with  the  federal  Clean
 Water   Act,  the  federal  Clean  Air  Act  and  the  federal  Resource
 Conservation and Recovery Act, and permits pursuant to  section  15-1503
 and article nineteen of the environmental conservation law;
 (d)  Where  the  proposed  facility  intends to use petroleum or other
 back-up fuel for generating electricity, evidence and an  evaluation  on
 the adequacy of the facility's on-site back-up fuel storage and supply;
 (e)  A  plan for security of the proposed facility during construction
 and operation of such facility and the measures to be  taken  to  ensure
 the  safety  and security of the local community, including contingency,
 emergency response and evacuation control, to be reviewed by  the  board
 in  consultation  with  the New York state division of homeland security
 and emergency services and in cities with a population over one million,
 such plan shall also be  reviewed  by  the  local  office  of  emergency
 management;
 (f) In accordance with rules and regulations that shall be promulgated
 by  the  department  of  environmental  conservation for the analysis of
 environmental justice issues, including the requirements  of  paragraphs
   (g)  and  (h)  of  subdivision  one  of  this  section, an evaluation of
   significant and adverse disproportionate environmental  impacts  of  the
   proposed   facility,   if  any,  resulting  from  its  construction  and
   operation, including  any  studies  identifying  the  author  and  dates
   thereof, which were used in the evaluation;
   (g)  A cumulative impact analysis of air quality within a half-mile of
   the facility, or other radius as determined by standards established  by
   department  of  environmental  conservation  regulations, that considers
   available data associated with projected emissions  of  air  pollutants,
   including  but  not  limited to federal criteria pollutants and mercury,
   from sources, including, but not limited to,  the  facility,  facilities
   that  have  been  proposed  under  this  article  and  have submitted an
   application determined to  be  in  compliance  by  the  board,  existing
   sources,  and  sources  permitted  but  not  yet  constructed  that were
   permitted sixty or more days prior to  the  filing  of  the  application
   under  title  V  of  the  clean air act, provided that such analysis and
   standards shall be in accordance with rules and regulations  that  shall
   be  promulgated by the department of environmental conservation pursuant
   to this paragraph;
   (h) A comprehensive demographic, economic and physical description  of
   the  community  within which the facility is located, within a half-mile
   radius of the location of the proposed facility, compared and contrasted
   with the county in which the facility  is  proposed  and  with  adjacent
   communities  within  such county, including reasonably available data on
   population, racial  and  ethnic  characteristics,  income  levels,  open
   space,  and public health data, including available department of public
   health data on  incidents  of  asthma  and  cancer  provided  that  such
   description  and  comparison  shall  be  in  accordance  with  rules and
   regulations promulgated pursuant to paragraph (f) of this subdivision;
   (i) A description and evaluation of reasonable and available alternate
   locations to the  proposed  facility,  if  any;  a  description  of  the
   comparative advantages and disadvantages as appropriate; and a statement
   of  the  reasons  why  the  primary  proposed  location  and  source, as
   appropriate, is best  suited,  among  the  alternatives  considered,  to
   promote  public health and welfare, including the recreational and other
   concurrent uses which the site may serve, provided that the  information
   required  pursuant  to  this  paragraph  shall be no more extensive than
   required under article eight of the environmental conservation law;
   (j) For proposed wind-powered facilities, the  expected  environmental
   impacts   of   the   facility   on   avian  and  bat  species  based  on
   pre-construction  studies  conducted  pursuant  to  paragraph   (c)   of
   subdivision  one of section one hundred sixty-three of this article; and
   a proposed plan to avoid or, where unavoidable,  minimize  and  mitigate
   any such impacts during construction and operation of the facility based
   on  existing  information  and  results  of post-construction monitoring
   proposed in the plan;
   (k) An analysis of the potential impact  that  the  proposed  facility
   will  have  on  the wholesale generation markets, both generally and for
   the location-based market in which the facility is proposed, as well  as
   the potential impact of the proposed facility on fuel costs;
   (l)   A  statement  demonstrating  that  the  facility  is  reasonably
   consistent with the most recent state energy plan,  including,  but  not
   limited  to,  impacts  on  fuel  diversity,  regional  requirements  for
   capacity, electric transmission and fuel delivery constraints and  other
   issues   as   appropriate,  including  the  comparative  advantages  and
   disadvantages  of  reasonable  and  available  alternate  locations   or
   properties  identified  for power plant construction, and a statement of
 the reasons why the proposed location and source is best  suited,  among
   the alternatives identified, to promote public health and welfare;
   (m)  Such  other information as the applicant may consider relevant or
   as may be required by the board. Copies of  the  application,  including
   the  required  information,  shall  be filed with the board and shall be
   available for public inspection; and
   2. Each application shall be accompanied by proof of service, in  such
   manner as the board shall prescribe, of:
   (a)  A  copy of such application on (i) each municipality in which any
   portion of such facility  is  to  be  located  as  proposed  or  in  any
   alternative  location  listed.  Such  copy  to  a  municipality shall be
   addressed to the chief executive officer thereof and shall  specify  the
   date on or about which the application is to be filed;
   (ii) each member of the board;
   (iii) the department of agriculture and markets;
   (iv) the secretary of state;
   (v) the attorney general;
   (vi) the department of transportation;
   (vii) the office of parks, recreation and historic preservation;
   (viii)  a  library  serving  the  district of each member of the state
   legislature in whose district any portion  of  the  facility  is  to  be
   located as proposed or in any alternative location listed;
   (ix)  in  the  event  that  such  facility  or  any portion thereof as
   proposed or in any alternative location listed  is  located  within  the
   Adirondack  park, as defined in subdivision one of section 9-0101 of the
   environmental conservation law, the Adirondack park agency; and
   (x) the public information coordinator for placement on the website of
   the department; and
   (b)  A  notice  of  such  application  on  (i)  persons  residing   in
   municipalities  entitled  to  receive  a  copy  of the application under
   subparagraph (i) of paragraph (a) of this subdivision. Such notice shall
   be given by the publication of a summary of the application and the date
   on or about which it will be filed, to be published under regulations to
   be promulgated by the board, in such  form  and  in  such  newspaper  or
   newspapers,   including   local   community   and   general  circulation
   newspapers, as will serve substantially to inform  the  public  of  such
   application,  in  plain  language,  in English and in any other language
   spoken as determined by the  board  by  a  significant  portion  of  the
   population  in  the  community, that describes the proposed facility and
   its location, the range of potential environmental and health impacts of
   each pollutant, the  application  and  review  process,  and  a  contact
   person,  with  phone  number  and address, from whom information will be
   available as the application proceeds;
   (ii) each member of  the  state  legislature  in  whose  district  any
   portion  of  the  facility  is  to  be  located  as  proposed  or in any
   alternative location listed; and
   (iii) persons who have filed a statement with the secretary within the
   past twelve months that they wish to receive all such notices concerning
   facilities in the area in  which  the  facility  is  to  be  located  as
   proposed or in any alternative location listed.
   3.  Inadvertent  failure  of  service  on  any  of the municipalities,
   persons, agencies, bodies or commissions named  in  subdivision  two  of
   this  section  shall  not be jurisdictional and may be cured pursuant to
   regulations of the board designed to afford such persons adequate notice
   to  enable  them  to  participate  effectively  in  the  proceeding.  In
   addition,  the  board  may, after filing, require the applicant to serve
   notice of the application or copies thereof  or  both  upon  such  other
   persons and file proof thereof as the board may deem appropriate.
 4.  The  board  shall prescribe the form and content of an application
   for an amendment of a certificate to be issued pursuant to this article.
   Notice of such an application shall be given as set forth in subdivision
   two of this section.
   5.  If a reasonable and available alternate location not listed in the
   application is proposed in the certification proceeding, notice of  such
   proposed  alternative  shall be given as set forth in subdivision two of
   this section.
   6. (a) Each application shall be accompanied by a fee in an amount (i)
   equal to one thousand dollars for each thousand kilowatts  of  capacity,
   but  no more than four hundred thousand dollars, (ii) and for facilities
   that will require  storage  or  disposal  of  fuel  waste  byproduct  an
   additional  fee  of  five  hundred dollars for each thousand kilowatt of
   capacity, but no more than fifty thousand dollars shall be deposited  in
   the    intervenor    account,    established    pursuant    to   section
   ninety-seven-kkkk of the state finance  law,  to  be  disbursed  at  the
   board's  direction,  to  defray expenses incurred by municipal and other
   local parties to the proceeding (except  a  municipality  which  is  the
   applicant)  for  expert  witness,  consultant,  administrative and legal
   fees, provided, however,  such  expenses  shall  not  be  available  for
   judicial  review  or litigation. If at any time subsequent to the filing
   of the application, the application is amended in a manner that warrants
   substantial additional scrutiny, the board  may  require  an  additional
   intervenor fee in an amount not to exceed seventy-five thousand dollars.
   The  board  shall  provide  for  notices,  for municipal and other local
   parties, in all appropriate  languages.  Any  moneys  remaining  in  the
   intervenor  account  after  the board's jurisdiction over an application
   has ceased shall be returned to the applicant.
   (b) Notwithstanding any other provision of law to  the  contrary,  the
   board  shall  provide by rules and regulations for the management of the
   intervenor account and for disbursements from the account,  which  rules
   and  regulations shall be consistent with the purpose of this section to
   make available to municipal parties at least one-half of the  amount  of
   the  intervenor  account and for uses specified in paragraph (a) of this
   subdivision. In addition, the board shall provide other local parties up
   to one-half of the amount of the intervenor account, provided,  however,
   that  the  board  shall assure that the purposes for which moneys in the
   intervenor account will be  expended  will  contribute  to  an  informed
   decision as to the appropriateness of the site and facility and are made
   available  on  an  equitable  basis  in a manner which facilitates broad
   public participation.

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