Project Permitting

permittingpage1.jpgSection 94-c of the Executive Law of New York State governs the process for siting and permitting applicable to the Shepherd’s Run Solar Farm. It provides for the review of new or modified major electric generating facilities by the Office of Renewable Energy Siting (ORES), housed within the Department of State.

Key provisions of the law include:

  • All new renewable energy projects larger than 25 megawatts will be required to seek an approved permit through the ORES prior to construction.
  • Creates and oversees a review and approval process for large scale renewable energy projects.
  • Regulations promulgated under the law address environmental impacts and identify potential mitigation measures to address those impacts.
  • For each project, municipalities and community intervenors may apply for funds, provided by the developer and managed by the ORES, to defray the costs of reviewing the project and participating in the ORES process.

  • Intervenor Funding

  • For each project, municipalities and community members may apply for funds to defray the costs of reviewing the project and advising the ORES on the project’s compliance with local laws and potential the environment, public health and safety impacts. The funds are provided by the applicant.
  • Eligible municipal parties include any county, city, town or village located in New York State that may be affected by the proposed major electric generating facility. At least 75 percent of the funds are reserved for municipalities. Other eligible community intervenors include persons residing in an affected community or non-profits with a concrete and localized interest that may be affected by the proposed major electric generating facility.
  • Local agencies or potential community intervenors must submit a request for initial funding within 30 days of the date of the project’s application to the Office of Renewable Energy Siting, at the Albany, New York office, Attention: Request for Local Agency Account Funding.
  • Further information regarding the availability and rules for intervenor funding can be found at https://ores.ny.gov/regulations and in subpart 900-5 of the final ORES regulations.

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