Power NY Act Creates Streamlined Site Approval Process

On August 4, 2011, Gov. Andrew M. Cuomo signed into law The Power NY Act of 2011 (the Act), an energy bill that includes, among other things, a new Article X to the New York State Public Service Law, which offers a streamlined approval process for siting major electric generating facilities.  Major electric generating facilities are defined under the Act to be facilities with a nameplate capacity of at least 25 MW.  As required by the Act, procedural rules and regulations related to the site certification process are expected to be adopted by the New York State Board on Electric Generation Siting and the Environment.

With the passage of The Power NY Act of 2011, developers of major electric generating facilities will be required to seek approval from a newly created New York State Board on Electric Generation Siting and the Environment (the Board).  This Board will comprise heads of multiple state agencies, including the Department of Environmental Conservation, the