New York Adopts Regulations For Siting Of Renewable Energy Projects

Posted on March 8, 2021

On March 3, 2020, in accordance with the Accelerated Renewable Energy Growth and Community Benefit Act (the “Act”), the Office of Renewable Energy Siting (“ORES” or the “Office”) formally adopted regulations and 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”).

Prior to the adoption of the regulations and USC, on September 16, 2020, ORES issued draft regulations and uniform standards and conditions for public comment pursuant to the State Administrative Procedure Act. ORES accepted public comments on the draft regulations and USC from September 16, 2020 until December 7, 2020.  ORES has also issued an assessment of public comments which summarizes and responds to the public comments received.  Transcripts of the public hearings, all public comments and ORES’s response to comments are available on ORES website (

The adopted final version of the regulations and USC include several non-substantive changes to provide clarifications where necessary. The final regulations and USC do not contain any substantial revisions from the draft regulations issued on September 16, 2020.

The Act consolidates the environmental review and permitting of major renewable energy facilities larger than 25 megawatts in New York State and provides a single forum in which ORES will serve as a one-stop-shop for the coordinated and timely review of proposed major renewable energy facilities.

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