Recent regulatory changes proposed by the Department of Public Service (DPS) and its subsidiary, the Office of Renewable Energy Siting (ORES), are significantly changing business as we know it with the permitting of both major electric transmission line projects and major renewable energy generation projects. Fisher has extensive experience over our 40-year history with designing and permitting utility scale solar and electric transmission projects. We have been involved from the adoption of the RAPID Act with understanding and addressing impacts this significant climate law and its proposed implementing regulation has on our clients and their projects, uniquely positioning Fisher to work with our solar developer and electric transmission utility clients to adapt projects in the development queue quickly in an effort to obtain the necessary siting permits in a more efficient and expeditious manner.
Key Regulatory Changes
On December 18, 2024, the New York State Department of Public Service (DPS) and its newly renamed subagency, the Office of Renewable Energy Siting & Electric Transmission (ORES), issued a Notice of Proposed Rulemaking and released the Draft Generic Environmental Impact Statement (DGEIS) and proposed draft regulations for the review and implementation of utility-scale renewable energy and electric transmission projects for public comment (DPS Case Number 24-M-0433).
The RAPID Act: Transforming Project Review in New York
As a recap, last April, the New York State legislature enacted the Renewable Action Through Project Interconnection and Deployment (RAPID) Act as part of the fiscal year 2025 New York State budget. The RAPID Act repealed Section 94-c of the Executive Law and established a new Article VIII of the Public Service Law that moved ORES from the Department of State to the Department of Public Service, and created a single clearinghouse agency in ORES to facilitate the review of both major renewable energy facility projects and major electric transmission facility projects. The RAPID Act also required the creation of uniform standards and conditions associated with major electric transmission facility projects within eighteen months of its adoption. The changes to the review of both major renewable energy facilities and major electric transmission facilities were deemed necessary by DPS in order to expedite progress in achieving the renewable energy production and greenhouse gas reduction targets required by the Climate Leadership and Community Protection Act (CLCPA).
Key Changes to the Regulatory Framework
The proposed regulatory updates to 16 NYCRR 1100, currently out for public comment, are focused around the incorporation of expedited review procedures for major electric transmission facilities. Previously, electric transmission lines were regulated and licensed under Article VII of the Public Service Law. Major changes resulting from the transition from the regulations promulgated under Article VII to these new regulations proposed under Article VIII include, but are not necessarily limited to:
- ORES will serve as the single reviewing agency for renewable energy generation facilities and major electric transmission facilities.
- ORES regulations for major renewable energy facilities under 19 NYCRR Part 900 are moved to 16 NYCRR Part 1100.
- Department of Public Service regulations for major electric transmission facilities under 16 NYCRR Part 85 move to 16 NYCRR Part 1102.
- Major electric transmission facility projects currently being reviewed under Article VII of the Public Service Law may continue through the Article VII path or can opt-in to the Article VIII process with ORES.
- The pre-application process previously standardized for major renewable energy facilities is now applicable to major electric transmission facilities, which includes the electric transmission corridor selection and alternative route analysis process, as well as shifting some requirements for visual impact assessment into the pre-application phase, and now requiring outreach and consultation with host communities and the public for transmission projects.
- The proposed regulations provide clarity for required conformance with the recent Article 24 Freshwater Wetland Act changes and the newly implemented Part 664 NYSDEC Freshwater Wetland Regulations.
- The proposed regulations require the submission of an agricultural plan that details avoidance and minimization measures for impacts to agricultural land both within a certified agricultural district and/or that contains Mineral Soils Group 1-4 soils, as well as any necessary mitigation measures of unavoidable adverse impacts.
- The licensing process for major electric transmission facilities through the Certificate of Environmental Compatibility and Public Need under PSL Article VII is replaced by the ORES siting process under PSL Article VIII and its implementing regulations under 16 NYCRR Part 1100. This includes the required submission of twenty-nine separate exhibits as part of the ORES siting application covering topics of real property, route selection and alternatives, visual impacts, cultural resources, water resources and aquatic ecology, wetlands, public need, and electric system effects and interconnection; this also includes the establishment of uniform standard conditions for the siting, design, construction, and operation of major electric generation facilities.
- The requirements of the pre-construction Environmental Management and Construction Plan (EM&CP) filing, including but not limited to refined assessments of impacts and mitigation measures associated with wetlands and streams, agricultural areas and other sensitive land uses, cultural resources, noise, threatened & endangered species, ecological and other environmentally-sensitive sites, invasive species, environmental inspection and supervision procedures, stormwater pollution & prevention, site restoration and fire & building code compliance, as well as EM&CP plan, profile drawing and mapping requirements, are now regulated under 16 NYCRR Part 1102-4.
- The requirements for post-construction compliance filings for major electric transmission facilities, including updated equipment information, as-built survey plans, a final accounting of project costs, a final employment report, a final invasive species report, a final wetland remedial action plan, a final decommissioning plan and a final noise impact assessment, are now regulated under NYCRR Part 1102-4.
- ORES is required to make a determination of application completeness within 60 days for a major renewable energy facility and 120 days for a major electric transmission facility. If ORES fails to meet these deadlines, the application will be deemed complete; and
- Federal Energy Regulatory Commission (FERC) regulated electric transmission lines associated with a federally-licensed hydroelectric facility continue to be pre-empted from state review.
Opportunities for Public Comment and Participation
Public comments are being accepted by DPS/ORES through March 18, 2025, and public comments can be submitted via the NYSDPS Matter Master at https://documents.dps.ny.gov/public/MatterManagement/CaseMaster.aspx?MatterCaseNo=24-M-0433&CaseSearch=Search.
Additionally, the Department of Public Service and ORES will hold a series of public hearings on the following dates:
- February 18, 2025 (Capital Region)
- February 26, 2025 (Long Island)
- February 27, 2025 (New York City)
- March 4, 2025 (Western New York)
- March 4, 2025 (North Country)
- March 5, 2025 (Finger Lakes)
A virtual public comment hearing will also be held on March 11, 2025. It is anticipated that the final regulations will be in place by the end of April 2025
Stay Ahead with Fisher Associates
At Fisher Associates, our Energy and Environmental consultants are at the forefront of these regulatory changes and can help you with confidently navigating what these new ORES regulations mean for your renewable energy and electric transmission line projects. Learn more about the impacts on your organization now and gain the needed assistance to navigate through RAPID Act implications.
Contact Fisher’s Director of Energy, David Plante, AICP CEP, to discuss how this regulatory update may impact your project. Together, we’ll ensure compliance, minimize delays, and keep your projects on track for success.
