ORES Overview
Consistent with the Climate Leadership and Community Protection Act (CLCPA), the mission of the Office of Renewable Energy Siting and Electric Transmission (ORES) is to consolidate the environmental review and permitting of major renewable energy facilities in New York State into a single forum that provides a coordinated and timely review of siting permit applications.
This process is designed to help meet the State’s renewable energy objectives while ensuring the protection of the environment with consideration of all pertinent social, economic and environmental factors (including environmental justice) while providing opportunity for local government and community participation in the permitting process.
ORES and the RAPID Act
Effective April 20, 2024, the Renewable Action through Project Interconnection and Deployment (RAPID) Act repealed Executive Law § 94-c, repealed the current Public Service Law article VIII, and enacted a new Public Service Law article VIII entitled “Siting of Renewable Energy and Electric Transmission” (Article VIII).
The RAPID Act also transferred the Office of Renewable Energy Siting (ORES) from the Department of State to the Department of Public Service, continuing all existing functions, powers, duties, and obligations of the Office under the former Executive Law § 94-c, and adding new functions, powers, duties, and obligations related to major electric transmission siting.
All applications pending before ORES on the effective date of the Act are considered and treated as applications filed pursuant to the RAPID Act as of the date of application filing.
The ORES Process
The ORES regulations establish procedural and substantive requirements for permit applications for major renewable energy facilities.
- All large-scale, renewable energy projects 25 megawatts or larger will be required to obtain a siting permit from ORES for new construction or expansion. Projects already in the initial phases of the current Article 10 siting process through the State’s Siting Board may remain in Article 10 or opt to transfer into the new siting process.
- ORES has the authority to issue a single permit for the construction of major renewable energy facilities from both a state and local law perspective, but applicants will still be required to obtain any approvals necessary under federal law, including federally-delegated permits.
- ORES has 60 days from the date of its receipt of a permit application to make a completeness determination. An application will not be complete without proof of consultation with the host municipalities and communities. After a completeness determination, draft permit conditions will be issued by ORES for public comment. Within the established comment period, the host municipalities 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 and within 6 months if the facility is proposed to be located on brownfield, former commercial or industrial, landfill, former power plant, and abandoned or underutilized sites.
ORES Regulations
With respect to ORES’s regulations at 19 NYCRR part 900 (Part 900), the RAPID Act transferred 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.
The conforming changes were filed with the Secretary of State and became effective July 17, 2024. Accordingly, the ruling uses the numbering of the new 16 NYCRR part 1100 (Part 1100). Finally, in light of the continuation of ORES, all administrative precedent issued under former Executive Law § 94-c remains applicable to proceedings under Article VIII. View ORES Regulatory Documents.