N.Y. ENV Law § 17-0823

§ 17-0823. Power plant siting.\n In the case of a major steam electric generating facility, as defined\nin section one hundred forty of the public service law, for the\nconstruction or operation of which a certificate is required under the\nformer article eight of the public service law, or a major electric\ngenerating facility as defined in section one hundred sixty of the\npublic service law, for the construction or operation of which a\ncertificate is required under article ten of the public service law,\nsuch certificate shall be deemed a permit under this section if issued\nby the state board on electric generation siting and the environment\npursuant to federally delegated or approved environmental permit\nauthority. Nothing herein shall limit the authority of the department of\nhealth and the department to monitor the environmental and health\nimpacts resulting from the operation of such major steam electric\ngenerating facility or major electric generating facility and to enforce\napplicable provisions of the public health law and this article and the\nterms and conditions of the certificate governing the environmental and\nhealth impacts resulting from such operation. In such case all powers,\nduties, obligations and privileges conferred upon the department by this\narticle shall devolve upon the New York state board on electric\ngeneration siting and the environment. In considering the granting of\npermits, such board shall apply the provisions of this article and the\nAct.\n