N.Y. PBS Law § 142 — New York Code / Act PBS / Article 8 / Section 142
Application, notice, and review relating to major renewable energy facility siting
Status: in_force

* § 142. Application, notice, and review relating to major renewable\nenergy facility siting. 1. Notwithstanding any law to the contrary, ORES\nshall, within sixty days of its receipt of an application for a siting\npermit with respect to a major renewable energy facility subject to this\narticle determine whether the application is complete and notify the\napplicant of its determination. If ORES does not deem the application\ncomplete, ORES shall set forth in writing delivered to the applicant the\nreasons why it has determined the application to be incomplete. If ORES\nfails to make a determination within the foregoing sixty-day time\nperiod, the application shall be deemed complete; provided, however,\nthat the applicant may consent to an extension of the sixty-day time\nperiod for determining application completeness. Provided, further, that\nno application may be complete without proof of consultation with the\nmunicipality or political subdivision where the project is proposed to\nbe located, or an agency thereof, prior to submission of an application\nto ORES, related to procedural and substantive requirements of local\nlaw.\n  2. No later than sixty days following the date upon which an\napplication has been deemed complete, and following consultation with\nany relevant state agency or authority, ORES shall publish for public\ncomment draft permit conditions prepared by the office, which comment\nperiod shall be for a minimum of sixty days from public notice thereof,\nor notice of intent to deny with reasons thereof. Such public notice\nshall include, but shall not be limited to: (i) written notice to the\nmunicipalities or political subdivisions in which such project is\nproposed to be located; (ii) publication in a newspaper or in electronic\nform, having general circulation in such municipalities or political\nsubdivisions; (iii) posting the notice on the office of renewable energy\nsiting and electric transmissions and the department's website; and (iv)\nwritten notice to each member of the legislature through whose district\nthe facility proposed in the application would be located.\n  3. For any municipality, political subdivision or an agency thereof\nthat has received notice of the filing of an application, pursuant to\nregulations promulgated in accordance with this article, the\nmunicipality or political subdivision or agency thereof shall within the\ntimeframes established by this subdivision submit a statement to ORES\nindicating whether the proposed project is designed to be sited,\nconstructed and operated in compliance with applicable local laws and\nregulations, if any, concerning the environment, or public health and\nsafety. In the event that a municipality, political subdivision or an\nagency thereof submits a statement to ORES that the proposed project is\nnot designed to be sited, constructed or operated in compliance with\nlocal laws and regulations and ORES determines not to hold an\nadjudicatory hearing on the application, ORES shall hold a\nnon-adjudicatory public hearing in or near one or more of the affected\nmunicipalities or political subdivisions. In any such adjudicatory\nhearing, ORES or the department, shall designate members of its staff to\nrepresent the public interest, including with respect to the application\nof local and state laws.\n  4. If public comments on a draft permit condition published by ORES\npursuant to this section, including comments provided by a municipality\nor political subdivision or agency thereof, landowners, or members of\nthe public, raise a substantive and significant issue, as defined in\nregulations adopted pursuant to this article, that requires\nadjudication, ORES shall promptly fix a date for an adjudicatory hearing\nto hear arguments and consider evidence with respect thereto.\n  5. Following the expiration of the public comment period set forth in\nthis section, and following the conclusion of a hearing undertaken\npursuant to subdivision four of this section, ORES shall, in the case of\na public comment period, issue a written summary of public comments and\nan assessment of comments received, and in the case of an adjudicatory\nhearing, the executive director or any person to whom the executive\ndirector has delegated such authority shall issue a final written\nhearing report. A final siting permit may only be issued if ORES makes a\nfinding that the proposed project, together with any applicable uniform\nand site-specific standards and conditions, would comply with applicable\nlaws and regulations. In making a final siting permit determination with\nrespect to a major renewable energy facility, ORES may elect not to\napply, in whole or in part, any local law or ordinance that would\notherwise be applicable if it makes a finding that, as applied to the\nproposed facility, it is unreasonably burdensome in view of the CLCPA\ntargets, and the environmental benefits.\n  6. Notwithstanding any other deadline made applicable by this section,\nORES shall make a final decision on a major renewable energy facility\nsiting permit within one year from the date the application was deemed\ncomplete, or within six months from the date the application was deemed\ncomplete if such application relates to a major renewable energy\nfacility that is proposed to be sited on an existing or abandoned\ncommercial use, including without limitation, brownfields, landfills,\nformer commercial or industrial sites, dormant electric generating\nsites, and abandoned or otherwise underutilized sites, as further\ndefined by the regulations promulgated by or in effect under this\narticle. Unless ORES and the applicant have agreed to an extension and\nif a final siting permit decision has not been made by ORES within such\ntime period, then such siting permit shall be deemed to have been\nautomatically granted for all purposes set forth in this article and all\nuniform conditions or site specific permit conditions issued for public\ncomment shall constitute enforceable provisions of the siting permit;\nprovided, however, any portion of which is to be located on the land of\na landowner for which the applicant lacks an existing right-of-way\nagreement or valid and enforceable lease or easement for use of such\nrelevant property, no such permit shall be automatically granted. The\nfinal siting permit related to a major renewable energy facility shall\ninclude a provision requiring the permittee to provide a host community\nbenefit, which may be a host community benefit as determined by the\ncommission pursuant to section eight of part JJJ of chapter fifty-eight\nof the laws of two thousand twenty or such other project as determined\nby ORES or as subsequently agreed to between the applicant and the host\ncommunity.\n  * NB Repealed December 31, 2040\n