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 900-2.25 - Exhibit 24: Local Laws and Ordinances

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 24 shall contain:
(a) A list of all local ordinances, laws,
				  resolutions, regulations, standards and other requirements applicable to the
				  construction or operation of the facility, which includes interconnection
				  electric transmission lines, that are of a substantive nature, together with a
				  statement that the location of the facility as proposed conforms to all such
				  local substantive requirements, except any that the applicant requests that the
				  Office elect not to apply. Copies of zoning, flood plain and similar maps,
				  tables and/or documents shall be included in the exhibit when such are
				  referenced in such local substantive requirements.
(b) A list of all local ordinances, laws,
				  resolutions, regulations, standards and other requirements applicable to the
				  interconnection to or use of water, sewer, and telecommunication lines in
				  public rights of way that are of a substantive nature, together with a
				  statement that the location of the facility as proposed conforms to all such
				  local substantive requirements, except any that the applicant requests that the
				  Office elect not to apply.
(c) A
				  list of all local substantive requirements identified pursuant to subdivision
				  (a) or (b) of this section for which the applicant requests that the Office
				  elect to not apply to the facility. Pursuant to Executive Law Section 94-c, the
				  Office may elect to not apply, in whole or in part, any local law or ordinance
				  which would otherwise be applicable if it makes a finding that, as applied to
				  the proposed facility, it is unreasonably burdensome in view of the CLCPA
				  targets and the environmental benefits of the proposed facility. For each local
				  substantive requirement identified by the applicant, a statement justifying the
				  request shall be provided. The statement of justification shall show with facts
				  and analysis the degree of burden caused by the requirement, why the burden
				  should not reasonably be borne by the applicant, that the request cannot
				  reasonably be obviated by design changes to the facility, that the request is
				  the minimum necessary, and that the adverse impacts of granting the request
				  shall be mitigated to the maximum extent practicable consistent with applicable
				  requirements set forth in this Part. The statement shall include a
				  demonstration:
(1) For requests grounded in
				  the existing technology, that there are technological limitations (including
				  governmentally imposed technological limitations) related to necessary facility
				  component bulk, height, process or materials that make compliance by the
				  applicant technically impossible, impractical or otherwise
				  unreasonable;
(2) For requests
				  grounded in factors of costs or economics (likely involving economic modeling),
				  that the costs to consumers associated with applying the identified local
				  substantive requirements would outweigh the benefits of applying such
				  provisions; and
(3) For requests
				  grounded in the needs of consumers, that the needs of consumers for the
				  facility outweigh the impacts on the community that would result from refusal
				  to apply the identified local substantive requirements.