reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 814 - Shared Municipal Services Incentive Awards › Section 814.6 - Contents of application and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for assistance shall be on
				forms prescribed by the secretary. Applications shall contain the following:
(1) The names and contact information for
				each municipality applying for assistance.
(2) Designation of contact person or grant
				administrator.
(3) Identification
				of key personnel who will work on the project for the municipalities.
(4) A resolution of each municipality's
				governing body requesting such assistance.
(5) A detailed description of the proposed
				activity to be funded.
(6) A work
				program including time periods for achieving stated objectives.
(7) A budget including identification of all
				funding sources and local matching funds.
(8) Any inter-municipal agreements entered
				into or proposed to be entered into to carry out the activity.
(9) A description of how the proposal
				responds to each of the rating and approval criteria described in this
				Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 815 - Local Government Efficiency Award › Section 815.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this regulation is to implement the
				  requirements of State Finance Law, section 54(10)(o) which established the
				  Local Government Efficiency grant program beginning in the State fiscal year
				  commencing April 1, 2008. It directed the Secretary of State to adopt rules and
				  regulations to implement the program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 815 - Local Government Efficiency Award › Section 815.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
				  have the stated meaning:
(a)
				Consolidation means two or more adjoining towns in the same county consolidated
				as one town pursuant to article 5-B of the Town Law; two or more adjoining
				villages consolidated as one village pursuant to article 18 of the Village Law;
				two or more school districts consolidated as one district pursuant to article
				31 of the Education Law or; consolidation of two or more special improvement
				districts, water or sewer authorities, or fire or library districts.
(b) Cooperative agreement means an agreement
				entered into by two or more municipalities pursuant to article 5-G of the
				General Municipal Law or other authorizing statutes for the performance among
				themselves or one for the other of their respective functions, powers and
				duties on a contract or cooperative basis.
(c) Dissolution means the dissolution of a
				town pursuant to article 5-A of the Town Law; the dissolution of a village
				pursuant to article 19 of the Village Law; or the dissolution of a school
				district pursuant to the Education Law.
(d) Efficiency implementation grant means a
				competitive grant to two or more municipalities to cover costs associated with
				consolidations, mergers, dissolutions, cooperative agreements and shared
				services, where demonstrable financial savings would result.
(e) Functional consolidation means one
				municipality completely providing a service or function for another
				municipality, which no longer engages in that service or function.
(f) General efficiency planning grant means a
				competitive grant to two or more municipalities to cover costs associated with
				plans and studies, which shall include an examination of potential financial
				savings and management improvements, for potential functional consolidation or
				shared services involving two or more municipalities.
(g) High priority planning grant means a
				grant to provide funding for plans and studies, which shall include an
				examination of the potential savings and management improvements, for:
(1) a single municipality to conduct a city
				or county charter revision which includes functional consolidation or increased
				shared services;
(2) a single
				village to study village dissolution;
(3) to two or more municipalities for
				mergers, consolidations and dissolutions;
(4) to two or more municipalities for shared
				services or transfer of functions to be performed on a countywide
				basis;
(5) to two or more
				municipalities for conducting services on a multi-county or regional
				basis;
(6) additional types of
				grants as may be identified by the Secretary of State, in consultation with the
				Commission on Local Government Efficiency and Competitiveness, and included in
				a request for applications.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 815 - Local Government Efficiency Award › Section 815.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				for assistance under this Part may be made by one or more municipalities which
				submit requests on forms established by the secretary.
(b) Grants may be used to cover costs
				associated with and including, but not limited to:
(1) High priority planning and general
				efficiency planning grants - legal and consultant services and other necessary
				expenses;
(2) Efficiency
				implementation grants and twenty-first century demonstration grants- legal and
				consultant services, transitional personnel costs essential for the
				implementation of an approved work plan integral to coordinated or consolidated
				service delivery, capital improvements and joint equipment purchases only where
				integral to coordinated or consolidated service delivery, and other necessary
				expenses.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 815 - Local Government Efficiency Award › Section 815.4 - Grant awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to
				annual appropriations by the Legislature, grants will be made to successful
				applicants pursuant to the review and approval criteria set forth herein, in
				amounts not to exceed:
(1) $50,000 for high
				priority planning grants,
(2)
				$25,000 for two municipalities with an additional one thousand dollars for each
				additional municipality participating in the application, the maximum grant
				award not to exceed $35,000, for general efficiency planning grants,
(3) $200,000 per municipality, the maximum
				grant award not to exceed one million dollars, for efficiency implementation
				grants,
(4) $400,000 per
				municipality for twenty-first century demonstration project grants.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 815 - Local Government Efficiency Award › Section 815.5 - General review and approval criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All applications for general planning,
				efficiency implementation, and 21st century demonstration grants will be rated
				in accordance with the rating system established by the secretary. Criteria
				used to rate applications will generally include the following. Different
				weighting and additional criteria may be applied for 21st century demonstration
				project grant applications:
(1) demonstrated
				need for the project;
(2) the
				likelihood of timely completion of the project;
(3) the potential for ongoing municipal cost
				savings, productivity enhancement or streamlined administration;
(4) the number of municipalities involved or
				the size of the service area;
(5)
				the likelihood of instituting permanent changes to municipal structure or
				service delivery resulting in cost savings, enhanced productivity or
				streamlined administration over the long term;
(6) the ability of the project to serve as a
				demonstration program for other municipalities to reduce costs, enhance
				productivity or streamline administration;
(7) whether the project would advance other
				State or municipal programs for municipal efficiency and cost
				savings;
(8) the geographic
				distribution of other fundable projects in any given application
				cycle.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 815 - Local Government Efficiency Award › Section 815.6 - Contents of application and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application for assistance shall be on
				forms prescribed by the secretary. Applications shall contain the following:
(1) the names and contact information for
				each municipality applying for assistance;
(2) designation of contact person or grant
				administrator;
(3) identification
				of key personnel who will work on the project for the municipalities;
(4) a resolution of each municipality's
				governing body requesting such assistance or a resolution by the municipal
				governing board stating acceptance of a qualified citizen petition requesting a
				dissolution study;
(5) a detailed
				description of the proposed activity to be funded;
(6) a work program including time periods for
				achieving stated objectives;
(7) a
				budget including identification of all funding sources and local matching
				funds;
(8) any inter-municipal
				agreements entered into or proposed to be entered into to carry out the
				activity; and
(9) a description of
				how the proposal responds to each of the rating and approval criteria described
				in this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this regulation is to implement the
				  requirements of State Finance Law section 54(10)(s), which established the
				  Local Government Performance and Efficiency Program beginning in the State
				  fiscal year commencing April 1, 2011. The statute directed the Secretary of
				  State to adopt rules and regulations for the program.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
				  have the stated meaning:
(a)
				Municipality means a county, city, town, or village, but shall not include
				those counties contained within the City of New York.
(b) Secretary means the New York State
				Secretary of State.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
All municipalities in New York State are eligible to apply
				  individually or jointly, provided however that if an action was undertaken
				  jointly, municipalities must apply jointly for an award for such an action.
				  Awards shall only be made to municipalities for actions that have been fully
				  implemented, that clearly resulted in quantifiable savings and efficiencies,
				  and that produced permanent and quantifiable improvements in municipal
				  efficiency and services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.4 - Awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Secretary
				may make awards to applicants based on factors including, but not limited to,
				the amount of current and future savings produced by the applicant's action,
				the impact of such action upon the municipal property tax levy, the size and
				complexity of the action, and whether the action can be replicated by other
				municipalities.
(b) Subject to
				annual appropriations by the legislature, awards will be made to successful
				applicants pursuant to eligibility criteria and application, review and
				approval procedures set forth herein. The maximum amount awarded per
				application shall not exceed the lesser of $5,000,000 or $25 per resident of
				the applying municipality or municipalities as of the most recent Federal
				decennial census, provided, however, that if the boundaries of municipalities
				jointly applying for an award pursuant to this program overlap, the residents
				in overlapping areas shall be counted only once, and provided, further, that if
				a county jointly applies with some but not all of the municipalities within
				such county, only the residents in such applying municipalities shall be
				counted. However, where municipalities within such county have benefited from
				the project upon which such joint application is based but are not applicants
				themselves, the population of such counties may, in the discretion of the
				Secretary, be counted for the purposes of calculating the award
				amount.
(c) Prior to payments,
				recipients shall submit to the Secretary copies of studies, agreements and
				other information on the action along with verification of cost
				savings.
(d) Applicants selected to
				receive awards will be required to meet deadlines for execution of contracts
				with the State in order to retain the award. If an applicant does not meet such
				established deadlines, that applicant's award funds may be returned to the
				funding pool for use by other eligible applicants. Applicants who lose
				eligibility as a result of missing deadlines may reapply for available funds if
				any remain after the initial disbursement of awards.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.5 - Use of awards

Current through Register Vol. 46, No. 28, July 10, 2024
Awards received pursuant to the program shall be used by
				  municipalities for general municipal purposes, provided however that if all or
				  some portion of an award is to be used to finance the construction of a new or
				  expanded public infrastructure project, such project will be reviewed for
				  consistency with the relevant criteria specified in article 6 of the
				  Environmental Conservation Law, the State Smart Growth Public Infrastructure
				  Policy Act.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.6 - General application, review and approval procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Secretary shall develop:
(1) an application for municipalities seeking
				to receive awards; and
(2) a
				process by which the applications will be evaluated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.7 - Contents of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Application for awards shall be made using forms prescribed by the
				Secretary.
(b) Applications shall
				contain, but not be limited to containing, the following:
(1) a detailed description of the action,
				including:
(i) the date the action commenced;
				and
(ii) the date the action was
				fully implemented;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XV - Local Government Services › Part 816 - Local Government Performance And Efficiency Program › Section 816.8 - Miscellaneous

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department
				of State will provide outreach services to inform municipalities of the
				availability of funding and provide information to applicants concerning
				application preparation and submission.
(b) The Secretary may focus the program in
				specific functional service areas, in which case such areas of focus shall be
				detailed in a request for applications.
(c) All action recognition must be undertaken
				pursuant to a contract with the Department of State, which contract shall
				require, in addition to the requirements of the Department of State, Attorney
				General and State Comptroller, that all contracts not to be performed by the
				officials and employees of the awardee be entered into in accordance with
				General Municipal Law, sections 103 and 104-b. A wards may be made in amounts
				less than those requested by applicants in order to allow the department to
				recognize a greater number of projects.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVI - Wild Animals › Part 820 - Required Annual Reporting Of The Presence Of Wild Animals › Section 820.1 - Purpose and effect

Current through Register Vol. 46, No. 28, July 10, 2024
Pursuant to General Municipal Law (GML), section 209-cc, the
				  State Fire Administrator, in consultation with the Department of Environmental
				  Conservation, is required to develop and maintain a list of the common names of
				  wild animals to be reported annually to local authorities, on a date which the
				  Fire Administrator shall determine. The Fire Administrator has developed a list
				  of such common names and has distributed the list to all municipal clerks. The
				  list is also posted on the Department of State's website. As common names of
				  animals have neither legal nor scientific significance, the list is, of
				  necessity, not exclusive. Accordingly, where there is any question as to
				  whether a particular animal must be reported, GML, section 209-cc(2)(c) shall
				  govern. The purpose of this Part is to further comply with GML, section 209-cc
				  by providing the annual reporting date and the report form, as well as other
				  procedural details.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVI - Wild Animals › Part 820 - Required Annual Reporting Of The Presence Of Wild Animals › Section 820.2 - Time for filing

Current through Register Vol. 46, No. 28, July 10, 2024
All persons required to report the owning, possessing or
				  harboring of a wild animal shall file such report with the city, town or
				  village clerk within whose jurisdiction the animal is owned, possessed or
				  harbored, on or before April 1st of each year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-1 › Section 900-1.1 - Purpose and Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The purpose of this Part is to establish procedural and substantive
				  requirements for permit applications for major renewable energy facilities (as
				  defined in section
				  900-1.2(ag) of
				  this Part) reviewed by the Office of Renewable Energy Siting and applies to
				  applications for permits for the siting, design, construction, operation,
				  compliance, enforcement and modification of such facilities pursuant to Section
				  94-c of the New York State Executive Law.
(b) This Part shall not apply to the
				  following:
(1) to a major renewable energy
				  facility (as defined in section
				  900-1.2(ag) of
				  this Part), or any portion thereof, over which any federal agency or department
				  has exclusive siting jurisdiction, or has siting jurisdiction concurrent with
				  that of the state and has exercised such jurisdiction to the exclusion of
				  regulation of the facility by the state. However, nothing herein shall be
				  construed to expand federal jurisdiction;
(2) to normal repairs, maintenance,
				  replacements, non-material modifications and improvements of a major renewable
				  energy facility (as defined in section
				  900-1.2(ag) of
				  this Part), whenever built, which are performed in the ordinary course of
				  business and which do not constitute a violation of any applicable existing
				  permit, including permits issued pursuant to this Part;
(3) to a major renewable energy facility (as
				  defined in section
				  900-1.2(ag) of
				  this Part) if, on or before the effective date of Section 94-c of the New York
				  State Executive Law, an application has been made or granted for a license,
				  permit certificate, consent or approval from any federal, state or local
				  commission, agency, board or regulatory body, including the submission of a
				  pre-application public involvement program plan under Article 10 of the New
				  York State Public Service Law, in which the location of the major renewable
				  energy facility has been designated by the applicant, except where an applicant
				  elects to be subject to this Part as authorized by Public Service Law Section
				  162;
(4) any renewable energy
				  system as such term is defined in Section 66(p) of the New York State Public
				  Service Law, with a nameplate capacity of less than twenty-five thousand
				  kilowatts, unless such system becomes an opt-in renewable energy facility (as
				  defined in section
				  900-1.2(ba) of
				  this Part); and
(5) any stand-alone
				  battery energy storage system.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-1 › Section 900-1.3 - Pre-application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Consultation with Local Agencies
. No less than sixty (60) days
				  before the date on which an applicant files an application, or files a transfer
				  application other than for a pending Article 10 facility for which the Article
				  10 application has been deemed complete, the applicant shall conduct
				  pre-application meeting(s) with the chief executive officer of the
				  municipality(ies) in which the proposed facility will be located and any local
				  agencies of such municipalities identified by the chief executive officer.
				  During such pre-application meeting(s), the applicant shall provide:
(1) A brief description of the proposed
				  facility and its environmental setting;
(2) A map of the proposed facility showing
				  project components and regulatory boundaries as it pertains to substantive law
				  relevant to the proposed facility;
(3) A summary of the substantive provisions
				  of local laws applicable to the construction, operation, maintenance, and
				  decommissioning of the proposed facility;
(4) An identification of such substantive
				  local law provisions for which the applicant will request that the Office make
				  a finding that compliance therewith would be unreasonably burdensome;
(5) An explanation of all efforts by the
				  applicant to comply with such substantive local law provisions through the
				  consideration of design changes to the proposed facility, or
				  otherwise;
(6) Any potential
				  impacts of the facility for which consultation with the municipality(ies) is
				  required to inform the preparation of the exhibits to the application
				  (including, but not necessarily limited to, transportation and visual
				  resources);
(7) A designated
				  contact person, with telephone number, email address and mailing address, from
				  whom information will be available on a going-forward basis, as well as a
				  proposed project website to disseminate information to the public;
				  and
(8) An anticipated application
				  date and information regarding the future availability of local agency account
				  funds, citing to the requirements set forth in Subpart 900-5 of this Part,
				  including, but not limited to, the requirement that any local agency or
				  potential community intervenor shall submit a request for initial funding
				  within thirty (30) days of the date of application filing and that such request
				  be made to the Office of Renewable Energy Siting, at the Albany, New York
				  office, Attention: Request for Local Agency Account Funding.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-1 › Section 900-1.5 - Office of Renewable Energy Siting Review Fee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office shall charge a fee to the
				  applicant in order to recover the costs of reviewing and processing an
				  application in an amount equal to one thousand (1,000) dollars for each one
				  thousand (1,000) kilowatts of capacity, which shall be due at the time of
				  application filing.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-1 › Section 900-1.6 - Filing, Service and Publication of an Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant shall file an electronic
				  copy and five (5) paper copies with the Office of Renewable Siting, Attention:
				  Applicant Review, at the Albany, New York office and shall concurrently serve
				  copies on the following, as specified:
(1) An
				  electronic copy and one (1) paper copy on the NYSDEC at its central office and
				  an electronic copy on each affected NYSDEC regional office;
(2) An electronic copy and one (1) paper copy
				  on NYSDPS at its Albany, New York office;
(3) An electronic copy and one (1) paper copy
				  on the chief executive officer of each municipality in which any portion of the
				  proposed facility is to be located; and in New York City, an electronic copy
				  upon the Borough President of any affected borough, and upon the Community
				  Board of any affected areas served by a Community Board;
(4) Unless otherwise directed, an electronic
				  copy on the commissioners of the NYSAGM, NYSDOH, NYSDOT and OPRHP;
(5) An electronic copy on the attorney
				  general of the state of New York;
(6) An electronic copy and one (1) paper copy
				  each on a library serving the district of each member of the state legislature
				  in whose district any portion of the proposed facility is to be located or
				  could be adversely impacted by the proposed facility;
(7) An electronic copy on the chief executive
				  officer of any other agency, or local agency that would (absent Section 94-c  of
				  the Executive Law) have permitting or approval authority with respect to any
				  aspect of the proposed facility; and
(8) An electronic copy on the APA if such
				  proposed facility is located within the Adirondack Park, as defined in
				  subdivision (1) of Section 9-0101 of the ECL.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.1 - Filing Instructions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
				  application for a siting permit shall contain the exhibits described in this
				  Subpart as relevant to the proposed facility technology and site and such
				  additional information as the applicant may consider relevant or as may be
				  required by the Office. Exhibits that are not relevant to the particular
				  facility's technology or proposed location may be omitted from the
				  application.
(b) Each exhibit shall
				  contain a title page showing:
(1) The
				  applicant's name;
(2) The title of
				  the exhibit; and
(3) The proper
				  designation of the exhibit.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.2 - Exhibit 1: General Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 1 shall contain:
(a) The name, address, telephone number, and
				  e-mail address of the applicant;
(b) The address of the website established by
				  the applicant to disseminate information to the public regarding the
				  application;
(c) The name, address,
				  telephone number, and e-mail address of a representative of the applicant that
				  the public may contact for more information regarding the
				  application;
(d) The name, business
				  address, telephone number, and e-mail address of the principal officer of the
				  applicant;
(e) If the applicant
				  desires service of documents or other correspondence upon an agent, the name,
				  business address, telephone number, and e-mail address of the agent;
(f) A brief explanation of the type of
				  business entity that the applicant is, including its date and location of
				  formation and the name and address of any parent entities; and
(g) If the facility is to be owned by a
				  corporation, a certified copy of the charter of such corporation; if the
				  facility is not to be owned by a corporation, a copy of the certificate or
				  other documents of formation.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.3 - Exhibit 2: Overview and Public Involvement

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 2 shall contain:
(a) A brief description of the major
				  components of the facility, including collection lines, transmission lines,
				  interconnections, access roads and related facilities. A brief, clearly and
				  concisely written overall analysis in plain language that assembles and
				  presents relevant and material facts regarding the facility upon which the
				  applicant proposes that the Office make its decision. The analysis shall be
				  analytical and not encyclopedic and shall specifically address each required
				  finding, determination and consideration the Office shall make or consider in
				  its decision and explain why the applicant believes that the requested permit
				  should be granted.
(b) A brief
				  description of applicant's local engagement and outreach efforts as required in
				  sections 900-1.3(a) and
				  (b) of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.4 - Exhibit 3: Location of Facilities and Surrounding Land Use

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 3 shall contain:
(a) Latest- or recent-edition USGS maps
				  (1:24,000 topographic edition, utilizing GIS mapping to the extent available),
				  showing:
(1) The proposed location of the
				  facility, including proposed electric collection and transmission lines and
				  interconnections, as well as ancillary features located on the facility site
				  such as roads, railroads, switchyards, energy storage or regulation facilities,
				  substations and similar facilities;
(2) The proposed location of any off-site
				  utility interconnections, including all electric transmission lines,
				  communications lines, stormwater drainage lines, and appurtenances thereto, to
				  be installed in New York State connecting to and servicing the site of the
				  facility;
(3) The proposed limits
				  of clearing and disturbance for construction of all facility components and
				  ancillary features.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.5 - Exhibit 4: Real Property

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 4 shall contain:
(a) A map of the facility site showing
				  property boundaries with tax map sheet, block and lot numbers; the owner of
				  record of all parcels included in the facility site and for all adjacent
				  properties; easements, grants, deed restrictions, and related encumbrances on
				  the parcels comprising the facility site; public and private roads on or
				  adjoining or planned for use as access to the facility site; zoning and related
				  designations applicable to the facility site and adjoining
				  properties.
(b) A
				  property/right-of-way map of all proposed transmission lines and
				  interconnection facilities and off-property/right-of-way access drives and
				  construction lay-down or preparation areas for such interconnections.
(c) A demonstration that the applicant has
				  obtained title to or a leasehold interest in the facility site, including
				  ingress and egress access to a public street, or is under binding contract or
				  option to obtain such title or leasehold interest, or can obtain such title or
				  leasehold interest. State whether the applicant is registered as a
				  transportation corporation and plans to acquire necessary lands for generating
				  or transmission line or other facility-related infrastructure pursuant to New
				  York State Eminent Domain Procedure Law.
(d) A statement that the applicant has
				  obtained, or can obtain (with commercially reasonable certainty), such deeds,
				  easements, leases, licenses, or other real property rights or privileges as are
				  necessary for all interconnections for the facility site.
(e) An identification of any improvement
				  district extensions necessary for the facility and a demonstration that the
				  applicant has obtained, or can obtain, such improvement district
				  extensions.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.7 - Exhibit 6: Public Health, Safety and Security

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 6 shall contain:
(a) A statement and evaluation that
				  identifies, describes, and discusses all efforts made to avoid and minimize
				  potential adverse impacts of the construction and operation of the facility,
				  the interconnections, and related facilities on the environment, public health,
				  and safety, other than as already detailed in other relevant Exhibits, at a
				  level of detail that reflects the severity of the impacts and the reasonable
				  likelihood of their occurrence, identifies the current applicable statutory and
				  regulatory framework, and also addresses:
(1)
				  The anticipated gaseous, liquid and solid wastes to be produced at the facility
				  during construction and under representative operating conditions of the
				  facility, including their source, anticipated volumes (excluding estimates for
				  minor waste volumes, such as concrete washout wastes), composition and
				  temperature, and such meteorological, hydrological and other information needed
				  to support such estimates and any studies, identifying the author and date
				  thereof, used in the analysis;
(2)
				  The anticipated volumes of such wastes to be released to the environment during
				  construction and under any operating condition of the facility;
(3) The treatment processes to eliminate or
				  minimize wastes to be released to the environment;
(4) The manner of collection, handling,
				  storage, transport and disposal for wastes retained and not released at the
				  site, or to be disposed of;
(5)
				  Maps of the study area and analysis showing relation of the facility site to:
				  public water supply resources (to the extent locations are publicly available);
				  community emergency response resources and facilities including police, fire
				  and emergency medical response facilities and plans; emergency communications
				  facilities; hospitals and emergency medical facilities; existing known hazard
				  risks including flood hazard zones, storm surge zones, areas of coastal erosion
				  hazard, landslide hazard areas, areas of geologic, geomorphic or hydrologic
				  hazard; dams, bridges and related infrastructure; explosive or flammable
				  materials transportation or storage facilities; contaminated sites; and other
				  local risk factors;
(6) All
				  significant impacts on the environment, public health, and safety associated
				  with the information required to be identified pursuant to paragraphs (1)
				  through (5) of this subdivision, including all reasonably related short-term
				  and long-term effects;
(7) Any
				  measures proposed by the applicant to minimize such impacts;
(8) Any measures proposed by the applicant to
				  mitigate such impacts; and
(9) Any
				  monitoring of such impacts proposed by the applicant.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.9 - Exhibit 8: Visual Impacts

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 8 shall contain:
(a) A visual impact assessment (VIA) to
				  determine the extent and assess the significance of facility visibility. The
				  components of the VIA shall include identification of visually sensitive
				  resources, viewshed mapping, confirmatory visual assessment fieldwork, visual
				  simulations (photographic overlays), cumulative visual impact analysis, and
				  proposed Visual Impacts Minimization and Mitigation Plan as outlined in
				  subdivision (d) of this section. The VIA shall address the following issues:
(1) The character and visual quality of the
				  existing landscape;
(2) The
				  visibility of the facility, including visibility of facility operational
				  characteristics, such as wind turbine lighting, glare from solar panel
				  arrays;
(3) The visibility of all
				  above-ground interconnections and roadways to be constructed within the
				  facility as determined by the viewshed analysis;
(4) The appearance of the facility upon
				  completion, including building/structure size, architectural design, facade
				  colors and texture, and site lighting;
(5) The proposed facility lighting (including
				  lumens, location and direction of lights for facility site and/or task use, and
				  safety including worker safety and tall structure marking requirements) and
				  similar features;
(6)
				  Representative views (photographic overlays) of the facility, including
				  relevant front, side and rear views, indicating approximate
				  elevations;
(7) The nature and
				  degree of visual change resulting from construction of the facility and
				  above-ground interconnections;
(8)
				  The nature and degree of visual change resulting from operation of the facility
				  and above-ground interconnections;
(9) An analysis and description of related
				  operational effects of the facility such as visible plumes, shading, glare, and
				  shadow flicker; and
(10) A
				  description of all visual resources that would be affected by the
				  facility.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.10 - Exhibit 9: Cultural Resources

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 9 shall contain:
(a) A study of the impacts of the
				  construction and operation of the facility, interconnections and related
				  facilities on archeological/cultural resources within the project impact area,
				  including:
(1) A summary of the nature of the
				  probable impact on any archeological/cultural resources identified, addressing
				  how those impacts shall be avoided or minimized;
(2) If required pursuant to section
				  900-1.3(h) of
				  this Part, a Phase IA archeological/cultural resources study for the proposed
				  facility;
(3) If required pursuant
				  to section
				  900-1.3(h) of
				  this Part, a Phase IB field study;
(4) If required by the Phase I study results,
				  as determined pursuant to section
				  900-1.3(h) of
				  this Part, a Phase II site evaluation study to assess the boundaries, integrity
				  and significance of identified cultural resources;
(5) An Unanticipated Discovery Plan that
				  shall identify the actions to be taken in the unexpected event that resources
				  of cultural, historical, or archaeological importance are encountered during
				  the excavation process. This plan shall include a provision for work stoppage
				  upon the discovery of possible archaeological or human remains and be prepared
				  by a professional archaeologist in accordance with the New York Archaeological
				  Council (NYAC) standards.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.12 - Exhibit 11: Terrestrial Ecology

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 11 shall contain:
(a) An identification and description of the
				  type of plant communities present on the facility site, and adjacent properties
				  within one hundred (100) feet of areas to be disturbed by construction,
				  including the interconnections, based upon field observations and data
				  collection.
(b) An analysis of the
				  temporary and permanent impact of the construction and operation of the
				  facility and the interconnections on the vegetation identified, including a
				  mapped depiction of the vegetation areas showing the areas to be removed or
				  disturbed.
(c) An identification
				  and evaluation of avoidance measures or, where impacts are unavoidable,
				  minimization measures, including the use of alternative technologies, regarding
				  vegetation impacts identified.
(d)
				  A list of the species of mammals, birds, amphibians, terrestrial invertebrates,
				  and reptiles that are likely to occur based on ecological communities present
				  at, and bird and bat migration routes through, the facility, supplemented as
				  necessary by site surveys, site observations and publicly available
				  sources.
(e) An analysis of the
				  impact of the construction and operation of the facility and interconnections
				  on wildlife, wildlife habitats, and wildlife travel corridors, other than a NYS
				  threatened or endangered species or species of special concern (which will be
				  addressed pursuant to section
				  900-2.13 of this Part).
(f) An identification and evaluation of
				  avoidance measures or, where impacts are unavoidable, minimization measures,
				  including the use of alternative technologies, regarding impacts to wildlife
				  and wildlife habitat.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-2 - Application Exhibits › Section 900-2.13 - Exhibit 12: NYS Threatened or Endangered Species

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 12 shall contain:
(a) A wildlife site characterization report
				  prepared pursuant to section
				  900-1.3(g)(1) of
				  this Part.
(b) Any reports
				  detailing the results of pre-application survey(s).
(c) A copy of the Office's determination
				  pursuant to section
				  900-1.3(g)(7) of
				  this Part as to the existence of occupied habitat at the facility
				  site.
(d) If the Office determined
				  that there is confirmed or presumed occupied habitat at the site, an
				  identification and evaluation of avoidance and minimization measures
				  incorporated into the facility design, as well as any unavoidable potential
				  impacts to NYS threatened or endangered species or species of special concern.
				  Adverse impacts shall be summarized by species impacted and include an
				  assessment of the acreage and/or an estimate number of individual members of
				  each such species affected.
(e) For
				  a facility to be determined to have only de minimis impacts to NYS threatened
				  or endangered grassland birds or their habitat, the applicant shall submit a
				  demonstration that the facility has been designed to meet one or more of the
				  following criteria, as applicable:
(1) The
				  facility has been designed such that the only impacts would be to occupied
				  habitat identified based on records greater than five (5) years old from the
				  time of the wildlife site characterization report, but for which the applicant
				  conducted appropriate surveys as approved by the Office that demonstrate that
				  the species is not present at the facility site; or
(2) Construction of the facility within each
				  mapped area of listed bird occupied habitat (based on the documented area of
				  species' use prior to addition of buffers) will only impact grasslands less
				  than twenty-five (25) acres in size and will not include a recent (i.e., less
				  than five (5) years) confirmed nesting or roosting location; or
(3) The facility has been designed such that
				  the only impacts would be to occupied habitat identified for NYS threatened or
				  endangered species for which the NYSDEC has issued a Notice of Adoption of
				  regulations delisting or downlisting to Special Concern.