Permitting

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Project Permitting

Effective April 20, 2024, the Renewable Action through Project Interconnection and Deployment (RAPID) Act repealed Executive Law § 94-c, repealed the current Public Service Law article VIII, and enacted a new Public Service Law article VIII entitled “Siting of Renewable Energy and Electric Transmission” (Article VIII). The RAPID Act also transferred the Office of Renewable Energy Siting (ORES) from the Department of State to the Department of Public Service, continuing all existing functions, powers, duties, and obligations of the Office under the former Executive Law § 94-c, and adding new functions, powers, duties, and obligations related to major electric transmission siting.

Article VIII of the of New York State Public Service Law governs the process for siting and permitting applicable to the Shepherd's Run Solar Farm. It provides for the review of new or modified major electric generating facilities by ORES.

Key provisions of the law include:

  • All new renewable energy projects larger than 25 megawatts will be required to seek an approved permit through the ORES prior to construction.
  • Creates and oversees a review and approval process for large scale renewable energy projects.
  • Regulations promulgated under the law address environmental impacts and identify potential mitigation measures to address those impacts.
  • For each project, municipalities and community intervenors may apply for funds, provided by the developer and managed by the ORES, to defray the costs of reviewing the project and participating in the ORES process.
With respect to ORES’s regulations at 19 NYCRR part 900 (Part 900), the RAPID Act transferred part 900 to 16 NYCRR chapter XI, and continued Part 900 in full force and effect subject to conforming changes, such as the substitution of numbering, names, titles, citations, and other non-substantive changes to be filed with the Secretary of State. The conforming changes were filed with the Secretary of State and became effective July 17, 2024. Accordingly, the ruling uses the numbering of the new 16 NYCRR part 1100 (Part 1100). Finally, in light of the continuation of ORES, all administrative precedent issued under former Executive Law § 94-c remains applicable to proceedings under Article VIII. View ORES Regulatory Documents.

Application Review Process
  • Prior to submitting an Article VIII permit application, projects are required to consult with the local agencies and stakeholders of the community(ies) in which the proposed project will be located. ORES also requires that state agencies (e.g. NY DEC) are consulted on wetland and stream delineations, threatened and endangered species, and archeological and cultural resources, if appropriate.
  • Following consultations with impacted agencies, Applicants must hold at least one meeting for community members.
  • ORES will be required to make a final decision on the application within one year of the Application submission, in accordance with Article VIII.
  • Documents filed in the Project proceedings may be viewed online at the ORES/DPS website by visiting https://orespermits.ny.gov/Public/MatterManagement/CaseMaster.aspx?MatterSeq=65027&MNO=24-00103
  • Interested parties may subscribe to the service list or request party status for the Project my accessing the Project proceedings via the link above.