BILL NUMBER: S9895
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the environmental conservation law, the eminent domain
procedure law, the executive law, the public authorities law, the energy
law and the public service law, in relation to the repeal of the office
of renewable energy siting and electric transmission; and to repeal
certain provisions of the public service law, the environmental conser-
vation law, and the public authorities law, relating thereto
 
PURPOSE::
The primary intent of this legislation is to abolish the Office of
Renewable Energy Siting (ORES).
 
SUMMARY OF PROVISIONS::
Section 1 & 2: Repeals Article 8 and Section 3-c of the Public Service
Law.
Sections 3-7: Amends the Environmental Conservation Law and Eminent
Domain Procedure Law to remove references to ORES siting permits and
major electric transmission facilities previously governed by Article 8.
Sections 8-14: Repeals and amends several sections of the Environmental
Conservation Law to remove "power plant siting" language and update
conservation easement protocols to exclude repealed Article 8
provisions.
Section 15: Amends the Executive Law to clarify that major public utili-
ty uses are no longer subject to the jurisdiction of the former Article
8.
Sections 16-21: Amends the Public Authorities Law to remove Article 8
references from NYSERDA's legislative intent and the Power Authority of
the State of New York's (NYPA) operational requirements.
Sections 22-24: Amends the Public Service Law to update the definition
of "Major electric generating facility" and remove provisions allowing
developers to elect to be subject to the now-repealed Article 8.
Section 25: Establishes an immediate effective date and provides techni-
cal language for the expiration and reversion of specific sections
previously modified by Chapter 58 of the laws of 2024
 
EXISTING LAW::
ORES was moved under the authority of the Department of Public Service
through the 2024 Budget.
 
JUSTIFICATION::
The Office of Renewable Energy Siting greatly diminishes public involve-
ment in the siting of renewable energy systems; it is an Albany-based
administrative entity making administrative decisions for local resi-
dents who no longer have a seat at the table when it comes to establish-
ing large-scale renewable energy systems in their communities. While
recently established, local governments and their residents are already
experiencing their diminished role in the siting of these systems. This
bill seeks a return to the Article X process for all renewable energy
systems, not just those under 25 MW, as was established when ORES was
created.
 
LEGISLATIVE HISTORY::
N/A
 
FISCAL IMPLICATIONS::
None.
 
LOCAL FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
This act shall take effect immediately.

Statutes affected:
S9895: 3-c public service law, 206 eminent domain procedure law, 402 eminent domain procedure law, 17-0823 environmental conservation law, 1005 public authorities law, 1005(27-a) public authorities law, 1900 public authorities law, 6-106 energy law, 6-106(7) energy law, 1014 public authorities law, 1020-s public authorities law, 1020-s(1) public authorities law, 1020-c public authorities law, 1020-c(8) public authorities law, 160 public service law, 160(2) public service law, 162 public service law, 162(4) public service law, 66-r public service law, 66-r(1-a) public service law