N.Y. PBS Law § 81

§ 81. Approval of incorporation and franchises; certificate. No steam\ncorporation shall begin construction of a steam plant without first\nhaving obtained the permission and approval of the commission. No such\ncorporation shall exercise any right or privilege under any franchise\nhereafter granted, or under any franchise heretofore granted but not\nheretofore actually exercised, or the exercise of which shall have been\nsuspended for more than one year, without first having obtained the\npermission and approval of the commission. Before such certificate shall\nbe issued a certified copy of the charter of such corporation shall be\nfiled in the office of the commission, together with a verified\nstatement of the president and secretary of the corporation, showing\nthat it has received the required consent of the proper municipal\nauthorities. The commission shall have power to grant the permission and\napproval herein specified whenever it shall after due hearing determine\nthat such construction or such exercise of the right, privilege or\nfranchise is necessary or convenient for the public service.\n No municipality shall build, maintain and operate for other than\nmunicipal purposes any works or systems for the manufacture and\nsupplying of steam for purposes without a certificate of authority\ngranted by the commission. If the certificate of authority is refused,\nno further proceedings shall be taken by such municipality before the\ncommission, but a new application may be made therefor after one year\nfrom the date of such refusal.\n