reglab/statecodes huggingface dataset:
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 900-2.14 - Exhibit 13: Water Resources and Aquatic Ecology

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 13 shall contain:
(a) Groundwater:
(1) Hydrologic information reporting depths
				  to high groundwater and bedrock, including a site map based on publicly
				  available information showing depth to high groundwater and bedrock in
				  increments appropriate for the facility site.
(2) A survey based on publicly available
				  information and the results of a private, active groundwater well survey
				  distributed to non-participating property owners and residents within one
				  thousand (1,000) feet of the facility site. The application shall include
				  information on groundwater quality, and the location, depth, yield and use of
				  all public and private groundwater wells or other points of extraction of
				  groundwater, and a delineation and description of well head and aquifer
				  protection zones, to the extent such information is publicly available or
				  obtained through the private well survey. Parcel-based maps shall be provided
				  based on publicly available information and the results of the private well
				  survey, showing the locations of all identified groundwater wells, delineating
				  all groundwater aquifers and groundwater recharge areas, and identifying
				  groundwater flow direction, and shall distinguish the following features:
(i) All existing, active water supply wells
				  or water supply intakes located within one hundred (100) feet of any collection
				  lines or access roads;
(ii) All
				  existing, active water supply wells or water supply intakes located within five
				  hundred (500) feet of horizontal directional drilling operations;
(iii) All existing, active water supply wells
				  or water supply intakes located within two hundred (200) feet of solar
				  pier/post driving locations and turbine excavations not requiring blasting;
				  and
(iv) All existing, active water
				  supply wells or water supply intakes located within one thousand (1,000) feet
				  of any blasting operations.
(3) An analysis and evaluation of potential
				  impacts (during normal and drought conditions) from the construction and/or
				  operation of the facility on drinking water supplies, groundwater quality and
				  quantity in the facility area, including potential impacts on public and
				  private water supplies, including private wells within a one (1)-mile radius of
				  the facility site, and wellhead and aquifer protection zones.
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 900-2.16 - Exhibit 15: Agricultural Resources

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 15 shall contain:
(a) An assessment within the study area,
				  which shall include the following data sets and illustrations:
(1) Land in NYS Certified Agricultural
				  Districts by tax parcel;
(2) Land
				  receiving Real Property Agricultural Value Assessment by tax parcel;
(3) Municipal zoning districts or overlay
				  zones including those designated for renewable energy;
(4) Most recent United States Department of
				  Agriculture (USDA) National Agricultural Statistics Service (NASS) Cropland
				  Data Layer (CDL), National Landcover Data Base (NLCD) data and/or the results
				  of on-site surveys and mapping identifying plant communities and calculating
				  percentages of agricultural land use compared to non-agricultural land uses
				  (e.g., disturbed, developed, woodland/forested areas, successional
				  non-agricultural areas, wetlands, etc.);
(5) Existing energy infrastructure and
				  completed renewable energy facilities;
(6) Active agricultural businesses and/or
				  facilities and all related infrastructure;
(7) Potential construction impacts and the
				  methods available to facilitate farming activity during construction;
				  and
(8) Temporary and/or permanent
				  impacts to agricultural production areas within the proposed facility footprint
				  (including all planned structures, fenced facility areas, etc.), and areas not
				  feasible to continue farming.
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 900-2.17 - Exhibit 16: Effect on Transportation

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 16 shall contain:
(a) A conceptual site plan, drawn at an
				  appropriate scale, depicting all facility site driveway and roadway
				  intersections, showing:
(1) Horizontal and
				  vertical geometry, the number of approach lanes, the lane widths, shoulder
				  widths, traffic control devices by approaches, and sight distances;
				  and
(2) For wind facilities, access
				  road locations and widths, including characterizations of road intersection
				  suitability.
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 900-2.18 - Exhibit 17: Consistency with Energy Planning Objectives

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 17 shall contain:
(a) A statement demonstrating the degree of
				  consistency of the construction and operation of the facility with New York
				  State energy policies, including CLCPA targets and long range energy planning
				  objectives and strategies contained in the most recent State Energy Plan at the
				  time of filing the application, including consideration of the information
				  required by subdivisions (b) through (g) of this section;
(b) A description of the impact the facility
				  would have on reliability in the state;
(c) A description of the impact the facility
				  would have on fuel diversity in the state;
(d) A description of the impact the facility
				  would have on regional requirements for capacity;
(e) A description of the impact the facility
				  would have on electric transmission constraints;
(f) An analysis of the comparative advantages
				  and disadvantages of reasonable and available alternative locations or
				  properties identified for construction of the facility; and
(g) A statement of the reasons why the
				  facility will promote public health and welfare, including minimizing the
				  public health and environmental impacts related to climate change.
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 900-2.20 - Exhibit 19: Environmental Justice

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 19 shall contain:
(a) An identification and evaluation of
				  significant and adverse disproportionate environmental impacts of the facility
				  on an Environmental Justice (EJ) area, if any, resulting from its construction
				  and operation, including any studies which were used in the evaluation and
				  identifying the author and dates thereof. The evaluation shall be conducted
				  consistent with the applicable requirements of 6 NYCRR Part 487.10. The impact
				  study area for purposes of EJ analysis shall be:
(1) At a minimum, be within a one-half
				  (0.5)-mile radius around the proposed facility; or
(2) A greater radius based on site-specific
				  factors, including nature, scope and magnitude of the environmental impacts,
				  the projected range of those impacts on various environmental resources, and
				  the geography of the area surrounding the location of the proposed
				  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 900-2.21 - Exhibit 20: Effect on Communications

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 20 shall contain:
(a) A detailed description of the proposed
				  telecommunications interconnection, including all interconnecting facilities,
				  line route, design details, size, functions, and operating
				  characteristics.
(b) For wind
				  facilities, an identification of all existing broadcast communication sources
				  within a two (2)-mile radius of the facility and the electric interconnection
				  between the facility and the point of interconnection, unless otherwise noted,
				  including:
(1) AM radio;
(2) FM radio;
(3) Television;
(4) Telephone;
(5) Microwave transmission (all affected
				  sources, not limited to a two-mile radius);
(6) Emergency services;
(7) Municipal/school district
				  services;
(8) Public utility
				  services;
(9) Doppler/weather radar
				  (all affected sources, not limited to a two (2)-mile radius);
(10) Air traffic control (all affected
				  sources, not limited to a two (2)-mile radius);
(11) Armed forces (all affected sources, not
				  limited to a two (2)-mile radius);
(12) Global Positioning Systems (GPS);
				  and
(13) Amateur radio licenses
				  registered to users.
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 900-2.22 - Exhibit 21: Electric System Effects and Interconnection

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 21 shall contain:
(a) A detailed description of the proposed
				  electric interconnection, including:
(1) The
				  design voltage and voltage of initial operation;
(2) The type, size, number and materials of
				  conductors;
(3) The insulator
				  design;
(4) The length of the
				  transmission line;
(5) The typical
				  dimensions and construction materials of the towers;
(6) The design standards for each type of
				  tower and tower foundation;
(7) For
				  underground construction, the type of cable system to be used and the design
				  standards for that system;
(8) For
				  underground construction, indicate on a profile of the line the depth of the
				  cable and the location of any oil pumping stations and manholes;
(9) Equipment to be installed in any proposed
				  switching station or substation including an explanation of the necessity for
				  any such switching station or substation;
(10) Any terminal facility; and
(11) The need for cathodic protection
				  measures.
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 900-2.23 - Exhibit 22: Electric and Magnetic Fields

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 22 shall contain:
(a) For the entire ROW of the proposed
				  interconnection line, or any collection line rated over sixty-nine (69)-kV,
				  providing the electrical interconnection between the facility, and any
				  transmission line between the facility and the existing electric transmission
				  and distribution system: identify every ROW segment having unique electric and
				  magnetic field (EMF) characteristics due to structure types and average
				  heights, ROW widths, and co-location of other transmission facilities in the
				  ROW.
(b) For each identified ROW
				  segment, provide both "base case" and "proposed" cross-sections to scale
				  showing:
(1) All overhead electric
				  transmission, sub-transmission and distribution facilities including the
				  proposed facility showing structural details and dimensions and identifying
				  phase spacing, phasing, and any other characteristics affecting EMF
				  emissions;
(2) All underground
				  electric transmission, sub-transmission and distribution facilities;
(3) All underground gas transmission
				  facilities;
(4) All right-of-way
				  boundaries; and
(5) Structural
				  details and dimensions for all structures (dimensions, phase spacing, phasing,
				  and similar categories) and include a station number identifying the
				  location.
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 900-2.24 - Exhibit 23: Site Restoration and Decommissioning

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 23 shall contain:
(a) A Decommissioning and Site Restoration
				  Plan for site restoration in the event the facility cannot be completed or
				  after end of the useful life of the facility (to be identified) which shall, at
				  a minimum, address the following:
(1) Safety
				  and the removal of hazardous conditions;
(2) Environmental impacts;
(3) Aesthetics;
(4) Recycling;
(5) Potential future uses for the
				  site;
(6) Funding; and
(7) Schedule.
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 900-2.26 - Exhibit 25: Other Permits and Approvals

Current through Register Vol. 46, No. 28, July 10, 2024
Exhibit 25 shall contain:
(a) A list of any Federal or
				  federally-delegated, or federal or state recognized Indian Nation, permit,
				  consent, approval or license that will be required for the construction or
				  operation of the facility, which shall specify the date on which an application
				  for any such approval was made or the estimated date on which it will be made.
				  The applicant shall notify the Office of any significant change in the status
				  of each such application.
(b) A
				  statement as to whether the applicant knows of others who have any pending
				  applications or filings for any federal or federally-delegated, federal or
				  state recognized Indian Nation, state or local permit, consent, approval or
				  license which concerns the facility. If any such applications or filings are
				  identified, the applicant shall indicate whether the granting of any such
				  application or filing will have any effect on the grant or denial of a siting
				  permit, and whether the grant or denial of a siting permit will have any effect
				  upon the grant or denial of any such other application or filing. The applicant
				  shall notify the Office of any significant change in the status of each such
				  application or 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 900-3 - Transfer Applications from PSL Article 10 or alternative permitting proceeding › Section 900-3.1 - Transfer Applications for Opt-In Renewable Energy Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for
				  opt-in renewable energy facilities shall provide the following:
(1) Written notice to ORES at least fourteen
				  (14) days in advance of filing;
(2)
				  A copy of the written notice to the lead agency conducting the environmental
				  impact review pursuant to the New York State Environmental Quality Review Act
				  advising of the applicant's election to be subject to Executive Law Section
				  94-c;
(3) A completed transfer of
				  application form;
(4) The exhibits
				  set forth in Subpart 900-2 of this Part;
(5) Copies of documentation identifying those
				  matters and issues that have been identified and resolved in the alternate
				  permitting process;
(6) Any
				  additional information that may be required in order to enable the Office to
				  make the findings and determinations required by law;
(7) The fee to be deposited in the local
				  agency account in an amount equal to one thousand dollars for each one thousand
				  (1,000) kilowatts of capacity, which may be adjusted from time to time by the
				  Office to account for inflation; and
(8) The ORES fee to recover the costs of
				  reviewing and processing an application in an amount equal to one thousand
				  dollars for each one thousand (1,000) kilowatts of capacity.
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 900-3 - Transfer Applications from PSL Article 10 or alternative permitting proceeding › Section 900-3.2 - Transfer Applications for Pending Article 10 Facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For pending
				  Article 10 facilities for which a completeness determination has been issued
				  pursuant to PSL Article 10:
(1) The applicant
				  shall provide the following:
(i) Written
				  notice to ORES at least fourteen (14) days in advance of filing;
(ii) A copy of the written notice to the
				  Secretary of the PSC advising of the applicant's election to be subject to
				  Executive Law Section 94-c;
(iii) A
				  completed transfer of application form;
(iv) A copy of the application materials
				  submitted pursuant to the PSL Article 10; and, to the extent the applicant
				  wishes to be subject to a uniform standard or condition set forth in Subpart
				  900-6 of this Part, an explanation as to how the PSL Article 10 application
				  materials demonstrate compliance with such permit condition;
(v) Copies of documentation identifying those
				  matters and issues that have been identified and resolved in the PSL Article 10
				  proceeding;
(vi) Any additional
				  information that may be required in order to enable the Office to make the
				  findings and determinations required by law;
(vii) The fee to be deposited in the local
				  agency account in an amount equal to one thousand dollars for each one thousand
				  (1,000) kilowatts of capacity, which may be adjusted from time to time by the
				  Office to account for inflation; and
(viii) The ORES fee to recover the costs of
				  reviewing and processing an application in an amount equal to one thousand
				  dollars for each one thousand (1,000) kilowatts of capacity.
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 900-4 - Processing of Applications › Section 900-4.1 - Office of Renewable Energy Siting Action on Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications
				  shall be submitted to the Office pursuant to section
				  900-1.6(a) of
				  this Part for initiation of review and a determination of completeness. It is
				  the responsibility of the applicant to ensure the Office is notified of all
				  address changes.
(b) The Office
				  reserves the right in its sole discretion to elect to inspect the site(s) and
				  during an inspection, among other things, measurements may be made, physical
				  characteristics of the site may be analyzed, including without limitation soils
				  and vegetation, and photographs may be taken. Ordinarily, such site visit shall
				  occur between 7:00 a.m. and 8:00 p.m. Monday through Friday. An applicant's
				  failure to allow access to the site can be grounds for, and may result in, a
				  notice of incomplete application or statement of intent to deny.
(c) The Office shall make its determination
				  of completeness or incompleteness on or before sixty (60) days of receipt of
				  the application and provide notice of such determination to the applicant via
				  electronic mail and regular mail.
(d) If the application is determined to be
				  incomplete, the notice shall include a listing of all identified areas of
				  incompleteness and a description of the specific deficiencies.
(e) Applications shall remain incomplete
				  until all requested items are received by the Office. A partial submission of
				  the requested material shall not change the incomplete status. The Office shall
				  notify the applicant of the application status within sixty (60) days of
				  receipt of all requested material.
(f) Failure of the applicant to respond in
				  writing to the Office's notice of incomplete application may result in the
				  application being deemed withdrawn without prejudice pursuant to the following
				  procedures:
(1) If the applicant fails to
				  respond to a notice of incomplete application within three (3) months, the
				  Office may send a follow-up notice of incomplete application requesting, by a
				  reasonable date to be identified by the Office, the necessary items for a
				  complete application; and
(2) If
				  the applicant fails to respond to such follow-up notice of incomplete
				  application by the date identified by the Office, the Office may notify the
				  applicant that the application is deemed withdrawn without prejudice.
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 900-5 › Section 900-5.1 - Local Agency Account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local
				  agencies and potential community intervenors seeking funds from the local
				  agency account shall submit a request to the Office, as set forth in
				  subdivision (h) of this section, within thirty (30) days after the date on
				  which a siting permit application has been filed by the applicant pursuant to
				  section 900-1.6 of this Part.
(b) Within thirty (30) days after the
				  deadline for requests for funds from the local agency account, the ALJ shall
				  award local agency funds, to local agencies and potential community intervenors
				  whose requests comply with the provisions of subdivision (h) of this section,
				  so long as use of the funds will contribute to a complete record leading to an
				  informed permit decision as to the appropriateness of the site and the
				  facility, and for local agencies, shall include the use of funds to determine
				  whether a proposed facility is designed to be sited, constructed and operated
				  in compliance with applicable local laws and regulations.
(c) A local agency or potential community
				  intervenor (except an applicant) may request funds from the local agency
				  account to defray expenses for experts.
(d) Local agencies and potential community
				  intervenors are encouraged to consider the consolidation of requests with
				  similar funding proposals.
(e)
				  Subject to the availability of funds in the local agency account, the Office
				  may fix additional dates for submission of fund requests.
(f) At the time vouchers are submitted or as
				  otherwise required by the Office, any local agency or potential community
				  intervenor receiving an award of funds shall submit to the Office a report:
(1) Detailing an accounting of the monies
				  that have been spent; and
(2)
				  Showing:
(i) The results of any studies and a
				  description of any activities conducted using such funds; and
(ii) Whether the purpose for which the funds
				  were awarded has been achieved; if the purpose for which the funds were awarded
				  has not been achieved, whether reasonable progress toward the goal for which
				  the funds were awarded is being achieved; and if applicable, why further
				  expenditures are warranted.
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 900-6 - Uniform Standards and Conditions › Section 900-6.1 - Facility Authorization

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Compliance.
The permittee shall implement any impact
				  avoidance, minimization and/or mitigation measures identified in the exhibits,
				  compliance filings and/or contained in a specific plan required under this Part
				  900, as approved by the Office. If there is any discrepancy between an exhibit
				  or compliance filing and a permit condition, the permittee shall comply with
				  the permit condition and notify the Office immediately for
				  resolution.
(b)
Property
				  Rights
. Issuance of a siting permit does not convey any rights or
				  interests in public or private property. The permittee shall be responsible for
				  obtaining all real property, rights-of-way (ROW), access rights and other
				  interests or licenses in real property required for the construction and
				  operation of the facility.
(c)
Eminent Domain
. Issuance of a siting permit to a permittee
				  that is an entity in the nature of a merchant generator and not in the nature
				  of a fully regulated public utility company with an obligation to serve
				  customers does not constitute a finding of public need for any particular
				  parcel of land such that a condemner would be entitled to an exemption from the
				  provisions of Article 2 of the New York State Eminent Domain Procedure Law
				  ("EDPL") pursuant to Section 206 of the EDPL.
(d)
Other Permits and
				  Approvals
. Prior to the permittee's commencement of construction, the
				  permittee shall be responsible for obtaining all necessary federal and
				  federally-delegated permits and any other approvals that may be required for
				  the facility and which the Office is not empowered to provide or has expressly
				  authorized. In addition, the Office expressly authorizes:
(1) The PSC to require approvals, consents,
				  permits, other conditions for the construction or operation of the facility
				  under PSL Sections 68, 69, 70, and Article VII, as applicable, with the
				  understanding that the PSC will not duplicate any issue already addressed by
				  the Office and will instead only act on its police power functions related to
				  the entity as described in the body of this siting permit;
(2) The NYSDOT to administer permits
				  associated with oversize/overweight vehicles and deliveries, highway work
				  permits, and associated use and occupancy approvals as needed to construct and
				  operate the facility; and
(3) The
				  pertinent agency to implement the New York State Uniform Fire Prevention and
				  Building Code.
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 900-6 - Uniform Standards and Conditions › Section 900-6.2 - Notifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Pre-Construction Notice Methods
. At least fourteen (14)
				  business days prior to the permittee's commencement of construction date, the
				  permittee shall notify the public as follows:
(1) Provide notice by mail to all persons
				  residing within one (1) mile of a solar facility or within five (5) miles of a
				  wind facility;
(2) Provide notice
				  to local Town and County officials and emergency personnel;
(3) Publish notice by mail in the local
				  newspapers of record for dissemination, including at least one free
				  publication, if available (e.g., Pennysaver);
(4) Provide notice for display in public
				  places, which shall include, but not be limited to, the Town Halls of the host
				  municipalities, at least one (1) library in each host municipality, at least
				  one (1) post office in each host municipality, the facility website, and the
				  facility construction trailers/offices; and
(5) File notice with the Office for posting
				  on the Office website.
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 900-6 - Uniform Standards and Conditions › Section 900-6.3 - General Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Local Laws
. The permittee shall construct and operate the
				  facility in accordance with the substantive provisions of the applicable local
				  laws as identified in section
				  900-2.25 of this Part, except for
				  those provisions of local laws that the Office determined to be unreasonably
				  burdensome, as stated in the siting permit.
(b)
Federal Requirements
.
				  The permittee shall construct and operate the facility in a manner that
				  conforms to all applicable federal and federally-delegated permits identified
				  in section
				  900-2.26 of this Part. If relevant
				  facility plans require modifications due to conditions of federal permits, the
				  final design drawings and all applicable compliance filings shall be revised
				  accordingly and submitted for review and approval pursuant to section
				  900-11.1 of this Part.
(c)
Traffic Coordination.
The permittee shall coordinate with State, county, and local highway agencies
				  to respond to and apply applicable traffic control measures to any locations
				  that may experience any traffic flow or capacity issues.
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 900-6 - Uniform Standards and Conditions › Section 900-6.4 - Facility Construction and Maintenance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Construction Hours.
Construction and routine maintenance activities on the facility shall be
				  limited to 7 a.m. to 8 p.m. Monday through Saturday and 8 a.m. to 8 p.m. on
				  Sunday and national holidays, with the exception of construction and delivery
				  activities, which may occur during extended hours beyond this schedule on an
				  as-needed basis.
(1) Construction work hour
				  limits apply to facility construction, maintenance, and to construction-
				  related activities, including maintenance and repairs of construction equipment
				  at outdoor locations, large vehicles idling for extended periods at roadside
				  locations, and related disturbances. This condition shall not apply to vehicles
				  used for transporting construction or maintenance workers, small equipment, and
				  tools used at the facility site for construction or maintenance
				  activities.
(2) If, due to safety
				  or continuous operation requirements, construction activities are required to
				  occur beyond the allowable work hours, the permittee shall notify the NYSDPS,
				  the Office, affected landowners and the municipalities. Such notice shall be
				  given at least twenty-four (24) hours in advance, unless such construction
				  activities are required to address emergency situations threatening personal
				  injury, property, or severe adverse environmental impact that arise less than
				  twenty-four (24) hours in advance. In such cases, as much advance notice as is
				  practical shall be provided.
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 900-6 - Uniform Standards and Conditions › Section 900-6.5 - Facility Operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Noise Limits for Wind Facilities
(1) Noise levels by all noise sources from
				  the wind facility(ies) shall:
(i) Comply with
				  a maximum noise limit of forty-five (45) dBA Leq (8-hour) at the outside of any
				  non-participating residence, and fifty-five (55) dBA Leq (8-hour) at the
				  outside of any participating residence existing as of the issuance date of the
				  siting permit;
(ii) Prominent tones
				  are defined by using the constant level differences listed under ANSI/ASA
				  S12.9-2005/Part 4 Annex C (sounds with tonal content) (see section
				  900-15.1(a)(1)(iii)
				  of this Part) at the outside of any non-participating residence existing as of
				  the issuance date of the siting permit. Should a prominent tone occur, the
				  broadband overall (dBA) noise level at the evaluated non-participating position
				  shall be increased by five (5) dBA for evaluation of compliance with
				  subparagraphs (i) and (v) of this paragraph;
(iii) Comply with a maximum noise limit of
				  sixty-five (65) dB Leq (1-hour) at the full octave frequency bands of sixteen
				  (16), thirty-one and a half (31.5), and sixty-three (63) Hertz outside of any
				  non-participating residence existing as of the issuance date of the siting
				  permit, in accordance with Annex D of ANSI/ASA standard S12.9-2005/Part 4
				  Section D.2.(1) (Analysis of sounds with strong low-frequency content) (see
				  section 900-15.1(a)(1)(iii)
				  of this Part);
(iv) Not produce
				  human perceptible vibrations inside any non-participating residence existing as
				  of the issuance date of the siting permit that exceed the limits for
				  residential use recommended in ANSI/ASA Standard S2.71-1983 "Guide to the
				  evaluation of human exposure to vibration in buildings" (see section
				  900-15.1(a)(1)(i)
				  of this Part);
(v) Comply with a
				  noise limit of forty (40) dBA Leq (1-hour) at the outside of any
				  non-participating residence existing as of the issuance date of the siting
				  permit from the collector substation equipment; and
(vi) Emergency situations are exempt from the
				  limits specified in this subdivision.
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 900-6 - Uniform Standards and Conditions › Section 900-6.6 - Decommissioning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The permittee
				  shall implement the approved Decommissioning and Site Restoration Plan as
				  required by section
				  900-2.24 of this Part. The
				  permittee shall adhere to all state laws and regulations in effect at the time
				  of decommissioning regarding the disposal and recycling of
				  components.
(b) The financial
				  security regarding decommissioning and site restoration activities shall be in
				  the form of a letter of credit (LOC) or other financial assurance approved by
				  the Office, and shall be established by the permittee to be held by each City,
				  Town, or Village hosting facility components. The total amount of the financial
				  security created for the Cities, Towns, or Villages shall be equal to the net
				  decommissioning and site restoration estimate; the net decommissioning and site
				  restoration estimate is equal to the gross decommissioning and site restoration
				  estimate (which is the overall decommissioning and site restoration estimate
				  plus a fifteen (15) percent contingency cost) less the total projected salvage
				  value of facility components; reference to salvage value data shall also be
				  included in the Decommissioning and Site Restoration Plan required at 900-2.24
				  of this Part. If the permittee and the host municipalities cannot come to an
				  agreement as to the appropriate amount of financial security to be provided,
				  the Office shall make the final determination. The financial security shall
				  remain active until the facility is fully decommissioned. The LOC shall be
				  irrevocable and state on its face that it is expressly held by and for the sole
				  benefit of the specific Town, City, or Village.
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 900-7 › Section 900-7.1 - Amendment of an application

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Pending applications may only be amended prior to issuance of a notice of
				  complete application. In addition, a major amendment to the application may
				  only be filed with the express written permission of the Office, as set forth
				  in this section.
(b) Requests for
				  Permission to Submit an Amendment
(1) An
				  applicant wishing to amend a pending application shall submit a written request
				  to the Office, setting forth:
(i) The proposed
				  change to the application;
(ii) A
				  justification as to why such changes are required; and
(iii) An anticipated timeframe for
				  resubmission.
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 900-8 - Hearing process › Section 900-8.1 - Publication of draft siting permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No later than sixty (60) days following
				  the date upon which an application has been deemed complete, and following
				  consultation with any relevant state agency or authority, the ORES shall
				  publish on its website for public comment draft permit conditions prepared by
				  the Office or a statement of intent to deny.
(b) No later than sixty (60) days following
				  the date upon which an application has been deemed complete, a combined notice
				  of availability of draft permit conditions or statement of intent to deny,
				  public comment period and public comment hearing, and issues
				  determination
,
as defined in section
				  900-8.2(d) of
				  this Part, shall be published on the ORES website.
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 900-8 - Hearing process › Section 900-8.2 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
When notice is required.
Unless otherwise provided by statute
				  or regulation, the Office of Hearings shall publish notice of a public comment
				  hearing (as set forth in section
				  900-8.1(b) of
				  this Part) or adjudicatory hearing on the Office's website and provide notice
				  to the applicant and to persons who have made written request to participate.
				  The applicant shall provide for and bear the cost of publication of the notice
				  in a newspaper having general circulation in the area within which the proposed
				  project is located. The notice shall be published at least once, and not less
				  than twenty-one (21) days prior to the hearing date. These requirements are
				  minimums and the assigned ALJ shall direct the applicant to provide additional
				  notice or to provide the notice further in advance of the hearing where the ALJ
				  finds it necessary to do so in order to adequately inform the potentially
				  affected public about the hearing. Where the ALJ finds that a large segment of
				  the potentially affected public has a principal language other than English,
				  the ALJ shall direct the publication of the notice in a foreign language
				  newspaper(s) serving such persons. Nothing herein shall authorize the ALJ to
				  delay the commencement of the hearing beyond the deadlines established in this
				  Part without the applicant's consent.
(b)
Required contents of
				  notice.
The notice shall be in the form specified by the Office and
				  shall contain the following information:
(1)
				  The date of issuance of the notice of hearing, the date of the notice of
				  complete application, and the date of publication of the draft siting permit
				  conditions or statement of intent to deny;
(2) The date, time, location and purpose of
				  the hearing and any pre-hearing conference, if scheduled. The location shall be
				  in the Town, Village or City in which the project is located, as reasonably
				  near the project site as practicable, depending upon the availability of
				  suitable venues. However, another location may be selected based on the
				  convenience of parties and witnesses at the discretion of the ALJ;
(3) The name and address of the applicant or
				  permittee;
(4) That the application
				  is seeking a siting permit, with citations to applicable Section 94-c  of the
				  Executive Law and this Part 900;
(5) A description of the project;
(6) The accessibility and location for review
				  of the available application materials, and the draft siting permit conditions
				  or statement of intent to deny.
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 900-8 - Hearing process › Section 900-8.3 - Public comment hearing and issues determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Public comment hearing.
(1) Not less than sixty (60) days from the
				  date of issuance of the combined notice required by section
				  900-8.2(d) of
				  this Part, a public comment hearing shall be convened to hear and receive the
				  unsworn statements of parties and non-parties relating to the siting permit
				  application. A stenographic transcript of such statements shall be made but
				  shall not be part of the record of the hearing, as defined by section
				  900-8.11 of this Part.
(2) The ALJ may require that lengthy
				  statements be submitted in writing and summarized for oral
				  presentation.
(3) The statements
				  made at the public comment hearing shall not constitute evidence, but may be
				  used by the ALJ as a basis to inquire further of the parties and potential
				  parties at the issues determination stage.
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 900-8 - Hearing process › Section 900-8.4 - Hearing participation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Participation in the adjudicatory hearing may be as a full party or as
amicus
, depending upon the demonstrated compliance with the
				  criteria set forth in subdivisions (b) through (e) of this section. Non-parties
				  who wish to have their comments recorded shall be permitted to submit oral or
				  written comments during the public comment portion of the proceedings, or as
				  otherwise provided by the ALJ, as set forth in this Part. Such public
				  statements shall not constitute evidence in the adjudicatory hearing but may be
				  used by the ALJ as a basis to inquire further of all parties and potential
				  parties at the issues determination stage.
(b)
Mandatory parties.
The
				  applicant and assigned Office Staff are full parties to the proceeding. Other
				  State and local agencies are full parties to the proceeding if they were
				  consulted during the pre-application or application process, or if issues
				  related to the jurisdiction or authority of those agencies are joined for
				  adjudication in the rulings on issues provided for in section
				  900-8.3(c) of
				  this Part.
(1)
Applicant's statement
				  of issues:
No later than the date set in the combined notice provided
				  for in section
				  900-8.2(d) of
				  this Part for the filing of petitions for party status, or an earlier date set
				  in the exercise of the ALJ's discretion, the applicant shall file and serve on
				  Office Staff a statement of issues the applicant intends to raise with respect
				  to any determination of the Office. The applicant shall serve the statement of
				  issues on persons filing petitions for party status within five (5) days of
				  such filing. The applicant's statement of issues shall:
(i) identify an issue for adjudication which
				  meets the criteria of section
				  900-8.3(c) of
				  this Part; and
(ii) present an
				  offer of proof specifying the witness(es), the nature of the evidence the
				  applicant expects to present and the grounds upon which the assertion is made
				  with respect to that issue.
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 900-8 - Hearing process › Section 900-8.5 - General rules of practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Service
.
(1) CPLR 2103
				  governs service of papers except that papers may be served by a party and
				  service upon the party's duly authorized representative may be made by the same
				  means as provided for service upon an attorney. Notwithstanding any other rule
				  to the contrary, service may be made by transmission of papers by electronic
				  transmission, such as email or facsimile, if agreed to in advance by the
				  parties or authorized by the ALJ.
(2) Proof of service shall be made in the
				  same manner as under the CPLR. Any required filing or proof of service shall be
				  filed with the ALJ.
(3) When
				  service of papers by electronic transmission, such as facsimile or email, is
				  agreed to in advance by the parties or authorized by the ALJ, the parties shall
				  simultaneously send a copy of the papers transmitted electronically to the
				  recipient by first class mail.
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 900-8 - Hearing process › Section 900-8.6 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Prior
				  to the issues determination.
Discovery is limited to what is afforded
				  under the Freedom of Information Law (New York Public Officers Law - Access to
				  Records). In the absence of extraordinary circumstances, the ALJ shall not
				  grant petitions for further disclosure. This provision does not alter the
				  rights of any person under the Freedom of Information Law, nor does it limit
				  the ability of any party to seek disclosure after the issues determination is
				  made.
(b)
Without
				  permission of the ALJ.
Within ten (10) days after service of the final
				  designation of the issues, any party has the right to serve a disclosure demand
				  upon any other party demanding that party provide:
(1) Documents, in general conformance with
				  CPLR Section 3120(a)(1)(i);
(2) A
				  list of witnesses to be called, their addresses, and the scope and content of
				  each witness's proposed testimony, and the qualifications and published works
				  of each, in general conformance with CPLR Section 3101(d)(1), except that
				  disclosure of fact witnesses as well as expert witnesses may be
				  demanded;
(3) An inspection of
				  property, in general conformance with CPLR Section 3120(a)(1)(ii), except that
				  drilling and other intrusive sampling and testing is not provided as of
				  right;
(4) A request for admission,
				  in general conformance with CPLR Section 3123; or
(5) Lists of documentary or physical evidence
				  to be offered at the hearing.
(6)
				  Electronically stored information (ESI). Unless authorized by the ALJ,
				  disclosure of ESI is limited only to ESI that is located in a computer's memory
				  or in storage media (including servers, desktop or laptop computers, tablets,
				  cellphones, hard drives, flash drives, compact discs, digital video discs, and
				  portable media players) that is immediately available in the normal course of
				  business.