N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-1.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-1.1 - Purpose and Applicability

(a) The purpose of this Part is to establish procedural and substantive requirements for permit applications for major renewable energy facilities (as defined in section 1100-1.2(ag) of this Part) reviewed by the Office of Renewable Energy Siting and Electric Transmission. The provisions of this Part apply to applications for permits for the siting, design, construction, operation, compliance, enforcement and modification of such facilities pursuant to article VIII of the New York State Public Service Law and supersede any conflicting provisions of this Title, including the Rules of Procedure of the Public Service Commission (contained in Subchapter A of Chapter I of this Title), that are in force on the effective date of this Part.

(b) This Part shall not apply to the following:

(1) to a major renewable energy facility (as defined in section 1100-1.2(ag) of this Part), or any portion thereof, over which any federal agency or department has exclusive siting jurisdiction, or has siting jurisdiction concurrent with that of the state and has exercised such jurisdiction to the exclusion of regulation of the facility by the state. However, nothing herein shall be construed to expand federal jurisdiction;

(2) to normal repairs, maintenance, replacements, non-material modifications and improvements of a major renewable energy facility (as defined in section 1100-1.2(ag) of this Part), whenever built, which are performed in the ordinary course of business and which do not constitute a violation of any applicable existing permit, including permits issued pursuant to this Part;

(3) to a major renewable energy facility (as defined in section 1100-1.2(ag) of this Part) if, on or before the effective date of article VIII of the New York State Public Service Law, an application has been made or granted for a license, permit certificate, consent or approval from any federal, state or local commission, agency, board or regulatory body, including the submission of a preapplication public involvement program plan under article 10 of the New York State Public Service Law, in which the location of the major renewable energy facility has been designated by the applicant, except where an applicant elects to be subject to this Part as authorized by Public Service Law section 162;

(4) any renewable energy system as such term is defined in section 66(p) of the New York State Public Service Law, with a nameplate capacity of less than twenty-five thousand kilowatts, unless such system becomes an opt-in renewable energy facility (as defined in section 1100-1.2(ba) of this Part); and

(5) any stand-alone battery energy storage system.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-1.1

Transferred from 900-1.1 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024