Section 141. Board certificate

1.  On  or after January first, nineteen
  hundred seventy-nine, no person shall commence the preparation of a site
  for, or begin the construction of  a  major  steam  electric  generating
  facility in the state without having first obtained a certificate issued
  with  respect  to  such  facility  by  the board. Any such facility with
  respect to which a certificate is issued shall not thereafter be  built,
  maintained  or  operated  except in conformity with such certificate and
  any terms, limitations or conditions contained  therein,  provided  that
  nothing herein shall exempt such facility from compliance with state law
  and  regulations  thereunder subsequently adopted or with municipal laws
  and regulations thereunder not inconsistent with the provisions of  such
  certificate.  A  certificate  for  a  major  steam  electric  generating
  facility may be issued only pursuant to this article.
    2. A certificate may be transferred, subject to the  approval  of  the
  board,  to a person who agrees to comply with the terms, limitations and
  conditions contained therein.
    3. A certificate issued hereunder may be amended as herein provided.
    4. This article shall not apply:
    (a) To a major steam electric generating facility  if,  on  or  before
  December  thirty-first,  nineteen  hundred seventy-eight, an application
  has been made for a license, permit, certificate,  consent  or  approval
  from any federal, state or local commission, agency, board or regulatory
  body,  in  which  application  the  location of the major steam electric
  generating facility has been designated by  the  applicant;  or  if  the
  facility is under construction at such time;
    (b)  To  a  major  steam  electric  generating facility over which any
  agency  or  department  of  the   federal   government   has   exclusive
  jurisdiction,  or has jurisdiction concurrent with that of the state and
  has exercised such jurisdiction, to the exclusion of regulation  of  the
  facility by the state;
    (c)  To  normal repairs, replacements, modifications, and improvements
  of a major steam electric generating facility, whenever built, which  do
  not  constitute a violation of any certificate issued under this article
  and which do not result in an increase in capacity of  the  facility  of
  more than fifty thousand kilowatts; or
    (d)  To  a major steam electric generating facility (i) constructed on
  lands dedicated to industrial uses, (ii) the output of  which  shall  be
  used  solely  for  industrial  purposes,  on the premises, and (iii) the
  generating capacity of  which  does  not  exceed  two  hundred  thousand
  kilowatts.
    (e) To a major steam electric generating facility which is constructed
  by  the  Multi-Town Solid Waste Management Authority, having an electric
  generating capacity not exceeding one hundred megawatts, or  a  facility
  (i)  which  generates  over  fifty  percent  of its electricity from the
  combustion of solid waste or from fuel derived from solid waste and (ii)
  which has an electric generating capacity which does not  exceed  eighty
  megawatts.
    5. Any person intending to construct a major steam electric generating
  facility excluded from this article pursuant to subdivision four of this
  section  may  elect to waive such exclusion by delivering notice of such
  waiver to the chairman of the board. This article shall thereafter apply
  to each major steam electric  generating  facility  identified  in  such
  notice from the date of its receipt by the chairman of the board.
    * NB Expired January 1, 1989
    * NB Operative with regard to applications filed on or before December
           31, 1988
    * NB There are 2 § 141's