Permitting

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Shepherd's Run Solar Farm - PROJECT UPDATE - 11/29/2021

Project Permitting

Section 94-c of the Executive Law of New York State 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 the Office of Renewable Energy Siting (ORES), housed within the Department of State. The final 94-c regulations were issued on March 3, 2021, and can be viewed here.

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.

Application Review Process

  • Prior to submitting a 94-c 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, 94-c 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 94-c.
  • Documents filed in the 94-c Project proceedings may be viewed online at the PSC’s website by visiting https://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=21-02553&CaseSearch=Search
  • Interested parties may subscribe to the service list or request party status for the Project my accessing the Project proceedings via the link above.
  • If you have questions regarding the 94-c permitting process, please contact the ORES office by:
    E-mail: general@ores.ny.gov
    Mail: ATTN. ORES
    Empire State Plaza
    240 State Street
    P-1 South, J Dock
    Albany NY 12242
    Phone: (518) 473-4590