N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-1.4

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

Section 1100-1.4 - General requirements for applications

(a) Each application for a major renewable energy facility siting permit shall:

(1) Include a properly completed ORES application form;

(2) Contain the exhibits required pursuant to Subpart 1100-2 of this Part;

(3) Contain any requests, including justification and supporting documentation, for a site-specific condition in lieu of any exhibit requirement or uniform standard or condition set forth in Subpart 1100-6 of this Part and an explanation as to why such site-specific condition is required;

(4) Provide a website through which the applicant will disseminate information to the public, which shall include at least the following information:

(i) A summary of the application describing the proposed facility, its location, and the range of potential environmental and health impacts of the construction and operation of the facility;

(ii) A map(s) at a size and level of detail appropriate to substantially inform the public of the location of the proposed facility site;

(iii) A statement that the application, when filed, may be examined during normal business hours at the Office of Renewable Energy Siting and Electric Transmission, and the local library(ies) served in accordance with section 1100-1.6(a)(6) of this Part, and the addresses thereof;

(iv) An explanation of the application review process, including information regarding the availability of local agency account funds, citing the requirements set forth in Subpart 1100-5 of this Part, including, but not limited to, the requirement that any local agency or potential community intervenor shall submit a request for initial funding within thirty (30) days of the date of application filing and that such request be made to the Office of Renewable Energy Siting and Electric Transmission, at the Albany, New York office, Attention: Request for Local Agency Account Funding;

(v) Information as to how and where persons wishing to receive all notices concerning the proposed facility can file a request with the Office to subscribe to receive such notices;

(vi) Information as to how to access relevant documents from the ORES website;

(vii) Copies of all notices required pursuant to this Part; and

(viii) The names, addresses, telephone numbers and e-mail addresses of a representative of the applicant and relevant ORES staff.

(5) Identify any information that the applicant asserts is critical infrastructure information or trade secrets pursuant to article 6 of the New York State Public Officers Law, or other applicable state or federal laws, which the applicant requests the Office not to disclose and reasons why such information should be excepted from disclosure. Such information shall clearly be marked as trade secret or critical infrastructure information and only included in applications filed with the Office. All other copies of the application served pursuant to section 1100-1.6(a) of this Part shall contain information noting the location of redacted information that the applicant is asserting is critical infrastructure information or trade secrets.

(6) In compliance with the provisions of section 304 of the National Historic Preservation Act, and 9 NYCRR section 427.8, information about the location, character, or ownership of a cultural resource shall not be disclosed to the public, and shall only be disclosed pursuant to an appropriate protective order. Such information shall clearly be marked and only included in applications filed with the Office. All other copies of the application served pursuant to section 1100-1.6(a) of this Part shall contain information noting the location of information redacted in accordance with section 304 of the National Historic Preservation Act, and 9 NYCRR section 427.8.

(7) Include an affidavit of service showing that a copy of the application and accompanying documents were served on all those required by section 1100-1.6(a) of this Part;

(8) Be accompanied by a fee to be deposited in the local agency account in an amount equal to one thousand (1,000) dollars for each one thousand (1,000) kilowatts of capacity, which may be adjusted from time to time by the Office to account for inflation;

(9) Be accompanied by the ORES fee required pursuant to section 1100-1.5 of this Part; and

(10) If requested of the applicant by the Office, include any additional information that may be required in order to enable the Office to make the findings and determinations required by law.

(b) Water Quality Certification. In accordance with section 401 of the Clean Water Act, if construction or operation of a proposed major renewable energy facility would result in any discharge into the navigable water of the United States and require a federal license or permit, the applicant shall request and, prior to commencing construction, obtain a Water Quality Certification indicating that the proposed activity will be in compliance with water quality standards, as set forth in 6 NYCRR section 608.9.

(1) Generally, the request for the Water Quality Certification shall be submitted as part of the application pursuant to subdivision 1100-2.14(f) of this Part. In the event the related application for a federal license or permit has not been submitted on or before the date of submission of the Public Service Law article VIII application, the applicant shall provide a statement describing its plan for making such a request, including a timetable, as set forth in subdivision 1100-2.14(f), and the request for the water quality certification shall be submitted to the ORES when an application for a Federal license or permit is made.

(2) When an applicant or permittee has requested both a Water Quality Certification from the ORES and permits from the U.S. Army Corps of Engineers or other federal agency, the ORES shall provide information to the district engineer or other federal agency as to whether circumstances require a period of time longer than the period specified in applicable federal regulations for the certifying agency to act on the request for certification in order to avoid a waiver.

(3) If the request for a Water Quality Certification does not accompany an application, it shall be filed and served and notice of it shall be given in the same manner as an application pursuant to section 1100-1.6 of this Part. If the request for a Water Quality Certification is filed after the issuance of the siting permit, such request shall be treated as a request for a permit modification pursuant to section 1100-11.1 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-1.4

Transferred from 900-1.4 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024