NEW YORK STATE'S PROCESS FOR CONSIDERING SITES FOR

Department

of Public Service

NYSERD

FACT SHEET

NEW YORK STATE’S PROCESS FOR CONSIDERING SITES FOR WIND FARMS

Wind power is clean, renewable energy. In New York State, all power sources, including

wind farms, that generate more than 25 megawatts (MW) are considered power plants.

For example, a 25-MW wind farm can generate roughly the electric power needed for

8,000 average households.

Major electric generating facilities larger than 25 MW are sited according to New

York State’s Article 10 law. This comprehensive law provides precise guidance to

the New York State Board on Electric Generation Siting and the Environment (Siting

Board) about authorizing construction and operation of major electric generating

facilities, including wind farms. The Article 10 law streamlines the application process

for developers, while providing a rigorous process for local input and ensuring

environmental and public health laws are followed.

Developers apply to the Siting Board for a Certiﬁcate of Environmental Compatibility

and Public Need that authorizes them to build and operate a wind farm. The Siting

Board reviews applications and information from communities and other interested

parties, and then issues or denies certiﬁcates.

A transparent and open process

The Siting Board consists of ﬁve permanent members (the heads of ﬁve state agencies.

NYS PSC, NYSERDA, DEC, DOH and ESD) and two public members drawn from the

community, who provide a local voice in the proceeding. Local ocials submit a list of

candidates, and two public members are selected from that list.

The public can participate in the decision-making process by oering support; voicing

concerns; or asking questions about public health, safety, the environment, or other

factors. This proactive process begins during the initial planning of the facility and

continues throughout the siting review, construction, and operation.

Step 1: Public Involvement Program

Developers must implement public involvement programs in the respective

communities at least 150 days before submitting their preliminary scoping statement

and ocial applications to the Siting Board.

Developers should conduct public outreach before any agreements are made

between the developer and interested parties. The program includes:

• Fostering the active, early, and continuing involvement of interested or

aected persons.

• Providing for an open exchange of information and ideas between

community members and the developer.

• Providing timely notice to community members of important events.

• Soliciting local expertise.

• Identifying circumstances that may not have been known or anticipated

by the developer or government agencies.

Step 1:

Public Involvement Program

must be submitted for review

at least 150 days prior to the

submittal of any preliminary

scoping statement.

Step 2:

Preliminary Scoping Statement

Public Involvement Program

and Preliminary Scoping

Statement must be approved

before developer can

submit a formal application.

The Preliminary Scoping

Statement must be ﬁled no

less than 90 days before

ﬁling a formal application.

Step 3:

Formal Application

Siting Board has 60 days

to assess if the formal

application complies with

the Article 10 law. Then

public hearings can be

scheduled.

Step 4:

Siting Board Decision

Siting Board conducts a

formal hearing and must

make a ﬁnal decision to

issue or deny a certiﬁcate

within 12 months of when

the developer’s application

was deemed complete.

Article 10 Process

* The Siting Board must determine that the wind farm will comply with all state and local laws regarding the environment, public health and safety.

The Siting Board may decide not to apply local laws that are deemed unreasonably burdensome or costly to ratepayers. Local laws are generally

presumed to be valid and should only be found unreasonably burdensome after fully considering evidence submitted by the municipality.

Speciﬁc ways that developers can interact with communities

may include:

• Communicating with community members early in

the public involvement part of the process by various

means such as media coverage, direct mailings, ﬂiers,

or newsletters.

• Holding public meetings and giving presentations to

individual groups and organizations.

• Establishing a presence in the community such as a

local oce, a toll-free telephone number, website, or a

community advisory group.

Step 2: Preliminary Scoping Statement

The preliminary scoping statement is a written document

informing the Siting Board, other public agencies, and the

community about the project, including a description of

the proposed facility, potential environmental and health

impacts, proposed studies to evaluate those impacts,

proposed mitigation measures and reasonable alternatives

to the project.

Both the public involvement program and preliminary

scoping statement will be reviewed by Department of Public

Service sta, who may oer recommendations for revisions

and additional information to improve the documents. The

developer may consider these recommendations in revising

and resubmitting the public involvement program and

the preliminary scoping statement. Once the preliminary

scoping statement is ﬁled, the developer must submit a fee

to be used for intervenor funding during the pre-application

phase. These funds may be used by local governments and

other stakeholders to hire experts to review and propose

revisions to the preliminary scoping statement. The two

local members of the Siting Board are appointed at this time,

and the Administrative Law Judge assigned to the case will

convene a public meeting.

Step 3: Formal Application

After the public involvement program and preliminary scoping

statement are ﬁled, developers must then submit a formal

Article 10 application to the Siting Board, which includes

the same information as the preliminary scoping statement

but in greater detail. The Siting Board has 60 days after the

application is submitted to determine whether it complies with

the requirements of the law, regulations, and stipulations.

If the application does not comply with the requirements, the

Siting Board will issue a letter to the developer advising of the

deﬁciencies that must be corrected before the application will

be considered complete.

If the application is complete, the Siting Board will set the

date for the commencement of its public hearings and the

Department of Environmental Conservation will initiate

its review pursuant to federally delegated or approved

environmental permitting authority for air and water permits.

Intervenor Fees. To encourage community and stakeholder

participation, developers who apply are assessed an

intervenor fee equal to $1,000 for each 1 MW of generating

capacity of the subject facility, but no more than $400,000.

For example, for a 100-MW facility, the intervenor fee for the

application would be $100,000. These fees are in addition to

fees paid during the preliminary scoping statement phase.

Municipal and local governments and other parties to the

proceeding are eligible to apply to receive intervenor funds.

These funds can be used to defray expenses incurred by

municipal and local parties for expenses such as expert

witnesses, consultants, administrative costs (document

preparation and duplication costs), and legal fees.

Hearings. The application review process will include both

public statement hearings and trial-type hearings to give

community members and stakeholders opportunities to

fully participate.

Step 4: Siting Board Decision

The Siting Board must make its ﬁnal decision about whether

to issue or deny the certiﬁcate within 12 months of the

date that a developer’s application is deemed complete. In

extraordinary circumstances, the Siting Board may extend

the deadline by no more than six months to consider speciﬁc

issues. In order to approve the certiﬁcate, the Siting Board

must make a ﬁnding that the requirements of Article 10 have

been fully met.

LSR-LGW-siting-fs-1-v1 7/16

Department

of Public Service

NYSERD

For more information

Read the details of Article 10: www.dps.ny.gov/article10law

Contact James Denn, Public Information Coordinator, Department of Public Service

Email: james.denn@dps.ny.gov

Phone: 518.474.7080