Legislation
SECTION 3-C
Office of renewable energy siting and electric transmission
Public Service (PBS) CHAPTER 48, ARTICLE 1
* § 3-c. Office of renewable energy siting and electric transmission.
1. Definitions. For the purposes of this section, the following terms
shall have the following meanings:
(a) "Executive director" or "director" shall mean the executive
director of the office of renewable energy siting and electric
transmission.
(b) "ORES" and "office" shall mean the office of renewable energy
siting and electric transmission established pursuant to this section.
(c) "Siting permit" shall mean the major renewable energy facility
siting permit or major electric transmission facility permit issued by
the executive director pursuant to article VIII of this chapter, and the
rules and regulations promulgated by ORES and approved by the
commission.
2. General powers and responsibilities. (a) There is hereby
established in the department an office of renewable energy siting and
electric transmission.
(b) ORES shall accept applications and evaluate, issue, amend, and
approve the assignment and/or transfer of siting permits pursuant to
article VIII of this chapter. ORES shall exercise its authority by and
through the executive director.
(c) ORES, by and through the executive director, shall be authorized
to conduct hearings and dispute resolution proceedings, issue permits,
and adopt, subject to the approval of the public service commission,
such rules, regulations and procedures as may be necessary, or any
amendments or modifications thereto, convenient, or desirable to
effectuate the purposes of this section and article VIII of this
chapter.
(d) ORES shall, among other things, continue unimpeded the work of the
office of renewable energy siting established under the former section
ninety-four-c of the executive law. All permits issued by the former
office of renewable energy siting, established pursuant to former
section ninety-four-c of the executive law, and all certificates of
environmental compatibility and public need issued by the commission
pursuant to article VII of this chapter shall be considered for all
legal purposes to be permits issued by ORES.
(e) All final siting permits issued by ORES or heretofore issued by
the office of renewable energy siting established pursuant to the former
section ninety-four-c of the executive law are hereby enforceable by
ORES and the department pursuant to section twenty-four, section
twenty-five, and section twenty-six of this article as if issued by the
commission, except that such permits issued to combination gas and
electric corporations are also enforceable by ORES and the department
pursuant to section twenty-five-a of this article. ORES and the
department shall monitor, enforce, and administer compliance with any
terms and conditions set forth in a siting permit issued pursuant to
article VIII of this chapter and in doing so may use and rely on
authority provided to the commission otherwise available under this
chapter. Notwithstanding any other provision of law to the contrary, the
holder of a certificate or permit issued under article VIII of this
chapter, or a predecessor statute thereto, for a major renewable energy
facility with an electric generating capacity between twenty-five and
eighty megawatts or that otherwise opts into article VIII of this
chapter is subject to enforcement by ORES or the department pursuant to
sections twenty-four, twenty-five and twenty-six of this article.
(f) At the request of ORES, all other state agencies and authorities
are hereby authorized to provide support and render services to the
office within their respective functions.
* NB Repealed December 31, 2040
1. Definitions. For the purposes of this section, the following terms
shall have the following meanings:
(a) "Executive director" or "director" shall mean the executive
director of the office of renewable energy siting and electric
transmission.
(b) "ORES" and "office" shall mean the office of renewable energy
siting and electric transmission established pursuant to this section.
(c) "Siting permit" shall mean the major renewable energy facility
siting permit or major electric transmission facility permit issued by
the executive director pursuant to article VIII of this chapter, and the
rules and regulations promulgated by ORES and approved by the
commission.
2. General powers and responsibilities. (a) There is hereby
established in the department an office of renewable energy siting and
electric transmission.
(b) ORES shall accept applications and evaluate, issue, amend, and
approve the assignment and/or transfer of siting permits pursuant to
article VIII of this chapter. ORES shall exercise its authority by and
through the executive director.
(c) ORES, by and through the executive director, shall be authorized
to conduct hearings and dispute resolution proceedings, issue permits,
and adopt, subject to the approval of the public service commission,
such rules, regulations and procedures as may be necessary, or any
amendments or modifications thereto, convenient, or desirable to
effectuate the purposes of this section and article VIII of this
chapter.
(d) ORES shall, among other things, continue unimpeded the work of the
office of renewable energy siting established under the former section
ninety-four-c of the executive law. All permits issued by the former
office of renewable energy siting, established pursuant to former
section ninety-four-c of the executive law, and all certificates of
environmental compatibility and public need issued by the commission
pursuant to article VII of this chapter shall be considered for all
legal purposes to be permits issued by ORES.
(e) All final siting permits issued by ORES or heretofore issued by
the office of renewable energy siting established pursuant to the former
section ninety-four-c of the executive law are hereby enforceable by
ORES and the department pursuant to section twenty-four, section
twenty-five, and section twenty-six of this article as if issued by the
commission, except that such permits issued to combination gas and
electric corporations are also enforceable by ORES and the department
pursuant to section twenty-five-a of this article. ORES and the
department shall monitor, enforce, and administer compliance with any
terms and conditions set forth in a siting permit issued pursuant to
article VIII of this chapter and in doing so may use and rely on
authority provided to the commission otherwise available under this
chapter. Notwithstanding any other provision of law to the contrary, the
holder of a certificate or permit issued under article VIII of this
chapter, or a predecessor statute thereto, for a major renewable energy
facility with an electric generating capacity between twenty-five and
eighty megawatts or that otherwise opts into article VIII of this
chapter is subject to enforcement by ORES or the department pursuant to
sections twenty-four, twenty-five and twenty-six of this article.
(f) At the request of ORES, all other state agencies and authorities
are hereby authorized to provide support and render services to the
office within their respective functions.
* NB Repealed December 31, 2040