Overview of Section 94-c

The Accelerated Renewable Energy Growth and Community Benefit Act was passed in the New York state budget which added the new Section 94-c into law. The Act's purpose is to consolidate the environmental review and permitting process for large-scale (25 megawatts or greater) renewable energy projects. Section 94-c is an expedited permitting and application review process that is intended to substitute the Article 10 process of the New York Public Service Law. The final Section 94-c regulations were issued on March. 3, 2021 and can be viewed here.  

Overview of ORES & How to Contact ORES

The Act and Section 94-c established the Office of Renewable Energy Siting (ORES) to provide a single forum tasked with reviewing and siting large-scale renewable energy projects.

To submit any questions or feedback regarding the 94-c permitting process, you can call, email, or write a letter to the ORES. You may also choose to use the contact form on the ORES website: https://ores.ny.gov/form/contact-form/ .

Office of Renewable Energy Siting (ORES)
c/o: OGS Mailroom
Empire State Plaza
240 State Street
P-1 South, J Dock
Albany, NY 12242

(518) 473-4590

general@ores.ny.gov

Permitting & Application Review Process

Prior to submitting a Section 94-c permit application, Projects are required to consult with the local agencies and stakeholders of the community in which the project will be located. ORES also requires that state agencies (e.g., NYSDEC) are consulted on wetland and stream delineations, threatened and endangered species, and archeological and cultural resources, if appropriate. Agency consultations should take place at the earliest point possible in the Applicant’s process. Following consultations with impacted agencies, Section 94-c Applicants must hold at least one meeting for community members.

Apart from the 94-c process, SWEB is committed to working with the towns to keep community members engaged, informed, and solicit feedback. SWEB is planning its first meeting for community members for November 2023. As set forth by Section 94-c, notice of the community engagement meeting should be provided to community members no sooner than 21 days before the meeting takes place, and no later than 14 days before the meeting takes place. Copies of meeting transcripts, materials, and discussions will be part of the 94-c application. Notice of intent to file a 94-c application should be published by the applicant at least 60 days before the application is filed.

From the date of its receipt of a permit application, ORES has 60 days to either make a completeness determination or share with the Applicant the permit application deficiencies. When the applicant receives a completeness determination, draft permit conditions will be issued by ORES for public comment. Within the comment period, the host municipality must submit a statement indicating whether the proposed renewable energy facility complies with applicable local laws. ORES must issue a final decision on the siting permit within one year of the date on which the application is deemed complete.

See below for a schedule of the 94-c process, from pre-application activities through to the final decision.

Schedule 

The 94-c Application requires a number of surveys and studies to be completed to ensure a holistic assessment of the proposed Projects is completed. Exhibits required as part of a 94-c Application include:

Once the project has been approved, it must maintain compliance. There are three compliance phases:

1.  Pre-Construction – Applicants must file engineering and design documents, permits, and approvals prior to  construction commencement.
2.  On-Site Compliance – Once construction begins, on-site inspections by state agency personnel occur.
3.  Long-Term Compliance – During the operation of the Project, on-site inspections will occur

 

Local Agency Account Funding & Requesting Party Status

How to Request Party Status

During the public comment hearing and issues determination process, in order to have statements constitue as evidence, one must file a petition for full party status or amicus status pursuant to section 900-8.4© of the 94-c regulations.

To file for full party status, interested parties should file a petition that includes:

• Identification of the proposed party together with the name(s), address, telephone number and email address of the person or persons who will act as representative of the party;
  
  
• Statement of the petitioner's interest related to the standards and conditions established by the ORES for the siting, design, operation, and construction of the project;
  
  
• Identification of any interest relating to statutes administered by other State agencies or the ORES relevant to the project;
  
  
• Statement as to whether the petition is for full party or amicus status;
  
  
• Identification of the precise grounds for opposition or support;
  
  
• Identification of an adjudicable issue(s) which meets the criteria set forth in section 900-8.3(c) of this Part; and
  
  
• An offer of proof specifying the witness(es), the nature of the evidence the person expects to present and the grounds upon which the assertion is made with respect each issue identified.

To file for amicus party status, interested parties should file a petition that includes:

• Identification of the proposed party together with the name(s), address, telephone number and email address of the person or persons who will act as representative of the party;
  
  
• Statement of the petitioner's interest related to the standards and conditions established by the ORES for the siting, design, operation, and construction of the project;
  
  
• Identification of any interest relating to statutes administered by other State agencies or the ORES relevant to the project;
  
  
• Statement as to whether the petition is for full party or amicus status; - Identification of the precise grounds for opposition or support;
  
  
• Identify the nature of the legal or policy issue(s) to be briefed which meets the criteria of section 900-8.3(c) if this Part; and
  
  
• Provide a statement explaining why the propoosed party is in a special postition with respect to that issue.

 

How to Access Materials, Submit Public Comments, and Receive Project Notices