Posted by: Patricia Salkin | January 3, 2021

NYS Office of Renewable Energy Siting and Progress on Implementation of the Accelerated Renewable Energy Growth and Community Benefit Act of 2020

The following information is excerpted from the NYS Department of State’s Office of Renewable Energy Siting website:

On April 3, 2020, New York State enacted the Accelerated Renewable Energy Growth and Community Benefit Act (the Act), landmark legislation aimed at improving the siting and construction of large-scale renewable energy projects in an environmentally responsible and cost-effective manner. The Act establishes the first-of-its-kind Office of Renewable Energy Siting, housed within the Department of State, which will consolidate the environmental review of major renewable energy facilities and provide a single forum to ensure that siting decisions are predictable, responsible, and delivered in a timely manner along with opportunities for input from local communities.  

All large-scale, renewable energy projects 25 megawatts or larger will be required to obtain a siting permit from the Office of Renewable Energy Siting for new construction or expansion. Projects already in the initial phases of the current Article 10 siting process through the State’s Siting Board may remain in Article 10 or opt to transfer into the new siting process. New projects sized between 20 and 25 megawatts may also elect to apply for a siting permit. The Office of Renewable Energy Siting has the authority to issue a single permit for the construction of major renewable energy facilities from both a state and local law perspective, but applicants will still be required to obtain any approvals necessary under federal law, including federally-delegated permits.

The Office of Renewable Energy Siting has 60 days from the date of its receipt of a permit application to make a completeness determination. An application will not be complete without proof of consultation with the host municipalities and communities. After a completeness determination, draft permit conditions will be issued by the Office of Renewable Energy Siting for public comment. Within the established comment period, the host municipalities must submit a statement indicating whether the proposed renewable energy facility complies with applicable local laws. The Office of Renewable Energy Siting must issue a final decision on the siting permit within one year of the date on which the application is deemed complete and within 6 months if the facility is proposed to be located on brownfield, former commercial or industrial, landfill, former power plant, and abandoned or underutilized sites.

Within one year of the Act’s passage, the Office of Renewable Energy Siting is required to promulgate regulations to implement the Accelerated Renewable Energy Growth and Community Benefit Act. 
 
On September 16, 2020, the Office of Renewable Energy Siting issued draft regulations and uniform standards and conditions for public comment pursuant to the State Administrative Procedure Act (SAPA).  

The draft regulations, and draft uniform standards and conditions are available here:  


As part of the State’s ongoing commitment to community engagement, the Office of Renewable Energy Siting will seek public comment on the draft uniform standards and conditions Chapter XVIII Title 19 (Subpart 900-6), through public hearings across the state, while complying with public health and safety guidelines due to the circumstances presented by the COVID-19 pandemic. To find more information on the public hearings, click here

All stakeholders and the public have an opportunity to formally submit comments on the draft regulations Chapter XVIII Title 19 (Subparts 900-1 – 900-5; 900-7 – 900-15), and the draft uniform standards and conditions, Chapter XVIII Title 19 (Subpart 900-6), until December 7, 2020. The original deadline to submit comments on the draft regulations, Chapter XVIII Title 19 (Subparts 900-1 – 900-5; 900-7 – 900-15), was November 16, 2020; the Office of Renewable Energy Siting has extended this public comment period until December 7, 2020.

Stayed tuned for more updates at the start of 2021.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Categories

<span>%d</span> bloggers like this: