New York Proposes Regulations for the Siting of Renewable Energy Projects

Posted on September 25, 2020

In accordance with the Accelerated Renewable Energy Growth and Community Benefit Act (the “Act”), on September 16, 2020 the Office of Renewable Energy Siting (“ORES” or the “Office”) promulgated draft regulations and draft uniform standards and conditions (“USC”) establishing an expedited process for reviewing renewable energy projects to replace the Article 10 process (the new “94-c process”). Pursuant to the Act the Office must hold at least four public hearings throughout the state before formally adopting the USC.

Public hearing(s) will be held at:

Written comments will be accepted until 5 days after the last public hearing, if the schedule above remains in place that would be December 7, 2020.

Written comments on the regulations are due 60 days after the public notice which is November 16, 2020.

Therefore, we would expect that the regulations will be finalized and adopted sometime in early 2021. The law requires the regulations be adopted within 1 year of enactment of the law, making the “outside” deadline April 3, 2021.

For more information or to discuss the implications of the draft regulations, contact the Firm’s Energy Practice Chair Jim Muscato at ; 5184389907 x. 243.