New York Consolidated Laws, Environmental Conservation Law - ENV § 17-0823. Power plant siting

In the case of a major steam electric generating facility, as defined in section one hundred forty of the public service law,  1 for the construction or operation of which a certificate is required under the former article eight of the public service law,  1 or a major electric generating facility as defined in section one hundred sixty of the public service law, for the construction or operation of which a certificate is required under article ten of the public service law, such certificate shall be deemed a permit under this section if issued by the state board on electric generation siting and the environment pursuant to federally delegated or approved environmental permit authority.  Nothing herein shall limit the authority of the department of health and the department to monitor the environmental and health impacts resulting from the operation of such major steam electric generating facility or major electric generating facility and to enforce applicable provisions of the public health law and this article and the terms and conditions of the certificate governing the environmental and health impacts resulting from such operation.  In such case all powers, duties, obligations and privileges conferred upon the department by this article shall devolve upon the New York state board on electric generation siting and the environment.  In considering the granting of permits, such board shall apply the provisions of this article and the Act.  2