New York State Legislature Passes Article X Legislation Reestablishing Comprehensive Statewide Process for Siting Electric Generating Facilities

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The New York State Legislature passed on June 23 legislation (S. 5844/A.8510) reestablishing a comprehensive, statewide process for siting new and repowered existing electric generating facilities with a nameplate generating capacity of 25 megawatts (MW) or more, pursuant to Article X of the Public Service Law. Governor Cuomo is expected to sign the legislation into law in the near future.

Since 2003, when the prior Article X legislation expired, developers of proposed electric generating facilities have had to obtain state and local permits and approvals, and undergo environmental review under the State Environmental Quality Review Act (“SEQRA”) (Article 8 of the Environmental Conservation Law). Project developers which were electric corporations under the Public Service Law also needed to obtain a certificate of public convenience and necessity pursuant to section 68 of the Public Service Law.

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