The 2020-21 New York state budget included the Accelerated Renewable Energy Growth and Community Benefit Act, which adds a new section to the Executive Law. The Act’s objectives are to advance the siting and construction of large-scale renewable energy projects while being mindful of costs and environmental impact. The new Section 94-c is an expedited permitting process for large-scale (25 megawatts or larger) renewable energy projects that is designed to substitute the Article 10 process of the New York Public Service Law. Focusing on efficiency, predictability, and community input, the new 94-c permitting process works to consolidate the environmental review for renewable energy projects. The 94-c Application is substantively similar to the Article 10 requirements, with many of the same surveys and studies required under both processes. However, while Article 10 applied to all electric generating facilities, regardless of fuel source, Section 94-c only applies to renewable energy facilities.
The Act created the Office of Renewable Energy Siting (ORES), which is tasked with reviewing and granting siting permits under the new 94-c permitting process to large-scale renewable energy projects. Renewable energy projects that are currently undergoing the Article 10 permitting process have the choice to either remain in Article 10 or to transfer to the new 94-c process under ORES.
The 94-c Application is substantively similar to the Article 10 requirements, with many of the same surveys and studies required under both processes. Exhibits required as part of a 94-c Application include:
Once the project is certified, there is a three-part compliance phase:
Local agency account funding is money that Applicants (i.e., ConnectGen) make available to qualified, locally affected parties and municipalities to offset certain expenses they incur in participating in the state permitting process. These funds are meant to encourage early and effective public involvement in project development and permitting.
Upon the filing of a 94-c Application, ConnectGen will post $1,000/MW, a total of $250,000.00 for the Mill Point Solar Project, which can be sought by local community members and the Town of Glen. 75% of local agency account funds are reserved for municipalities under 94-c.
Qualified, locally affected parties may apply for funds within 30 days of Application filing by submitting an application to:
Office of Renewable Energy Siting (ORES)
Empire State Plaza Swan Street Building – Core 1
Albany, NY 12239
In order to formally file papers related to issues of fact and have them considered as part of the evidentiary record, you must be granted full party or amicus status pursuant to Section 900-8.4 of the 94-c regulations. The period for filing a petition for party status shall be at least sixty (60) days from the Office of Hearing’s issuance of notice of the public comment hearing. Nonparties who wish to have their comments recorded are permitted to submit oral or written comments during the public comment portion of the proceedings, or as otherwise provided by the ALJ. Such public statements will not constitute evidence in the adjudicatory hearing but may be used by the ALJ as a basis for further inquiries.
To request full party or amicus status, an interested party should file a written petition and complete one of the following two options:
For full party status, interested parties should file a petition that includes:
For amicus party status, interested parties should file a petition that includes:
Stakeholder involvement and consultation are part of an ongoing, evolving process throughout all phases of the 94-c review process. ConnectGen’s goal is to provide information to stakeholders, understand stakeholder interests, identify any additional stakeholders potentially affected by the Mill Point Solar Project, solicit information from stakeholders during public outreach events and generally foster public participation in the 94-c review process.
You may access all documents electronically through the links above and on the New York State Department of Public Service’s Document Matter Manager (DMM) system once an entry is established for the Project, or you may access hard copies of the documents at one of the following locations: