Overview of Article VIII
Effective April 20, 2024, the Renewable Action through Project Interconnection and Deployment (RAPID) Act (L 2024, ch 58, part O) repealed Executive Law § 94-c and enacted a new Public Service Law article VIII entitled “Siting of Renewable Energy and Electric Transmission” (Article VIII). The RAPID Act consolidates the environmental review, permitting, and siting of major renewable energy facilities and major electric transmission facilities under the purview of the Office of Renewable Energy Siting and Electric Transmission (Office or ORES).
The RAPID Act also transferred ORES’s regulations at 19 NYCRR part 900 (Part 900) to 16 NYCRR chapter XI, and continued Part 900 in full force and effect subject to conforming changes, such as the substitution of numbering, names, titles, citations, and other non-substantive changes to be filed with the Secretary of State. Effective July 17, 2024, the conforming changes were filed with the Secretary of State as a new 16 NYCRR part 1100 (Part 1100).
The text of the new Part 1100 currently in effect may be accessed at ORES Regulatory Documents.
Overview of ORES & How to Contact ORES
The Accelerated Renewable Energy Growth and Community Benefit Act and Article VIII 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 Article VIII permitting process, you can call, email, or write a letter to ORES.
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
Permitting & Application Review Process
Prior to submitting a Article VIII 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, Article VIII Applicants must hold at least one meeting for community members.
Apart from the Article VIII process, WEB USA is committed to working with the towns to keep community members engaged, informed, and solicit feedback. WEB USA held its first meeting for community members in November 2023 and held its second meeting on February 26, 2025. Copies of meeting transcripts, materials, and discussions will be part of the Article VIII application. Notice of intent to file an Article VIII 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 Article VIII process, from pre-application activities through to the final decision.
Schedule
The Article VIII Application requires a number of surveys and studies to be completed to ensure a holistic assessment of the proposed Project.
Once the project has been approved, it must maintain compliance. There are three compliance phases:
- Pre-Construction – Applicants must file engineering and design documents, permits, and approvals prior to construction commencement.
- On-Site Compliance – Once construction begins, on-site inspections by state agency personnel occur.
- Long-Term Compliance – During the operation of the Project, on-site inspections will occur
Local Agency Account Funding:
Local Agency Account Funding & Requesting Party Status
Local Agency Account Funding is money provided by the Applicant (WEB USA) that local agencies or potential community intervenors may request from the local agency account to defray expenses incurred participating in the permitting process. All disbursements from the local agency account to any local agency or potential community intervenor shall be made by NYSERDA, at the direction of ORES, on vouchers approved by ORES. It should be noted that ORES shall reserve at least 75% of the local agency account funds for each Project for potential awards to local agencies.
Qualified, locally affected parties may apply for funds within 30 days of Application filing by submitting an application to the ORES office:
Office of Renewable Energy Siting (ORES)
c/o: OGS Mailroom
Empire State Plaza
240 State Street
P-1 South, J Dock
Albany, NY 12242
How to Request Party Status
During the public comment hearing and issues determination process, in order to have statements constitute as evidence, one must file a petition for full party status or amicus status pursuant to section 1100-8.4(c) of the Article VIII regulations.
To file for full party status, interested parties should file a petition that includes:
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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;
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Statement of the petitioner's interest related to the standards and conditions established by ORES for the siting, design, operation, and construction of the project;
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Identification of any interest relating to statutes administered by other State agencies or ORES relevant to the project;
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Statement as to whether the petition is for full party or amicus status;
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Identification of the precise grounds for opposition or support;
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Identification of an adjudicable issue(s) which meets the criteria set forth in section 1100-8.3(c) of this Part; and
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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 to 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 ORES for the siting, design, operation, and construction of the project.
- Identification of any interest relating to statutes administered by other State agencies or 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 1100-8.3(c) of this Part.
- Provide a statement explaining why the proposed party is in a special position with respect to that issue.
How to Access Materials, Submit Public Comments, and Receive Project Notices
All application documents that are filed can be accessed through the New York State Department of Public Service's Document and Matter Management System (DMM).
Paper copies of the application documents can be accessed at the Office of Renewable Energy Siting, Attention: Applicant Review, at the Albany, New York Office. Additional sets of paper copies will be accessible at a local site in Steuben County and details on how to access these will be made available on this website as soon as the application copies are filed.
Upon publishing of the draft permit, there is a 60-day period for the public to submit comments. Once the draft permit is officially filed, this website will be updated with links and instructions for any parties interested in submitting a public comment.
All project notices will be posted to the site under the EVENTS & MATERIALS section. Persons wishing to receive all notices concerning the Addison Solar Project can file a request with the ORES to subscribe to receive such notices at the link below.