Permits for Renewable Energy: How are we doing?

In order to achieve its ambitious climate goals, New York State must make significant and rapid progress in its deployment of renewable energy. An important step in this process is environmental review and permitting. Because ACE NY has been actively involved in highlighting problems and delays in permitting, we wanted to check in to see how things were going.

Currently, 15 wind projects and one grid-scale solar project are operational (There are many solar projects installed, but only one is “grid-scale” – i.e., over five MW and selling its power in NY’s wholesale electric market.) Ten wind projects and 91 grid-scale solar projects are under development, meaning they are proposed and in the process of getting an interconnection agreement, a permit, and reaching construction.  Accelerating the use of renewable energy requires a permitting process that is streamlined and timely yet maintains adherence to the State’s strong environmental and public participation standards.

Previously, all electric generating facilities over 25 megawatts (MW) were sited through New York’s Article 10 process. The Article 10 law used a siting board to authorize construction and operation of large electric generating facilities. The process was complex and took way too long, but seven of the wind projects and 11 of the solar projects currently under development were permitted through that Article 10 process.

The new process is run by the Office of Renewable Energy Siting (ORES), created by the Accelerated Renewable Energy Growth and Benefit Act. The Act was passed in April 2020 to advance renewable energy, drive economic growth, and create jobs in New York State. ORES was established as a first-of-its-kind siting office for implementing timely review and permitting of large-scale renewable energy projects in one consolidated forum, taking into consideration local laws, public health and environmental, social, and economic factors relating to the permitting of these facilities. Our hope is that the new siting office will allow for more efficient permitting of renewable energy while adhering to the State’s strong environmental and public health and safety standards.

All projects bigger than 25 MW apply for permits through ORES; projects between 20 to 25 MW may opt-in to the new ORES process. And so far, three grid -scale solar projects and one wind project have been permitted by ORES, totaling 447.8 MW. Twelve more grid-scale solar projects are currently under review by ORES, totaling 1,933 MW awaiting approval.

Many grid-scale solar projects, those under 20 MW, go through permitting at the local level under NY’s SEQRA law (State Environmental Quality Review Act) and are therefore not recorded on the ORES website. For these projects, the relevant agency is likely to be the local planning board or zoning board of appeals where a site plan application, or special use permit, is involved. The relevant agency may be the local legislative body if the project needs rezoning or that body has reserved for itself the authority to review particular applications.

So, when it comes to the efficiency of wind and solar permitting in New York, it’s fair to say the jury is still out on the new ORES process. But ACE NY and our member companies are feeling optimistic and slowly but surely, wind and solar projects are navigating NY’s rigorous environmental review and nearing construction.

For more information on permitting progress, see LSR Applications Under Review & LSR Permitted Applications, LSR Projects Transferred to the Office of Renewable Energy Siting (& Pending Transfer) and the Active Article 10 Queue.