Overview of Article VIII

Overview of ORES & How to Contact ORES

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, SWEB is committed to working with the towns to keep community members engaged, informed, and solicit feedback. SWEB is planning its first meeting for community members for November 2023. As set forth by Article VIII, notice of the community engagement meeting should be provided to community members no sooner than 21 days before the meeting takes place, and no later than 14 days before the meeting takes place. Copies of meeting transcripts, materials, and discussions will be part of the Article VIII application. Notice of intent to file a 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 Projects is completed. Exhibits required as part of a Article VIII Application include:

Once the project has been approved, it must maintain compliance. There are three compliance phases:

1.  Pre-Construction – Applicants must file engineering and design documents, permits, and approvals prior to  construction commencement.
2.  On-Site Compliance – Once construction begins, on-site inspections by state agency personnel occur.
3.  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

How to Request Party Status

During the public comment hearing and issues determination process, in order to have statements constitue as evidence, one must file a petition for full party status or amicus status pursuant to section 900-8.4© of the Article VIII regulations.

To file for full 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 the ORES for the siting, design, operation, and construction of the project;
• Identification of any interest relating to statutes administered by other State agencies or the 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;
• Identification of an adjudicable issue(s) which meets the criteria set forth in section 900-8.3(c) of this Part; and
• 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 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 the ORES for the siting, design, operation, and construction of the project;
• Identification of any interest relating to statutes administered by other State agencies or the 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 900-8.3(c) if this Part; and
• Provide a statement explaining why the propoosed party is in a special postition with respect to that issue.

How to Access Materials, Submit Public Comments, and Receive Project Notices