All major electric generating facilities larger than 25 MW which are not subject to review by the Office of Renewable Energy Siting are sited according to New York State’s Article 10 law. This comprehensive law provides 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. 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. The public can participate in the Article 10 decision-making process by offering support, voicing concerns, or asking questions about public health, safety, the environment, and other factors. This process begins during the initial planning of the facility and continues throughout the siting review, construction, and operation.
Article 10 Review Process
Step 1: Public Involvement Program
- Developers are required to implement public involvement programs in their respective host communities at least 150 days before submitting their preliminary scoping statement and official applications to the Siting Board.
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. Information provided in this step includes 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.
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.
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.