STAFFORD/Residents discuss the replacement of the NYS Article 10 process for solar projects over 25mw

Video of discussion/December 14, 2020

Residents at the Stafford Town Board meeting on Monday December 14th discussed the new NYS process for siting and construction of large-scale renewable energy projects that are 25mw or larger.

The state has done away with the Article 10 process and has created the Office of Renewable Energy Siting (“ORES”) which will handle the construction of major renewable energy projects in a more efficient manner.

About the Office of Renewable Energy Siting | Office of Renewable Energy Siting (ny.gov)

New York Consolidated Laws, Executive Law – EXC §94-C | NY State Senate (nysenate.gov)

Created by a law that passed in early April of 2020, the new “Section 94-c” permitting process is now the successor to the Article 10 siting process. 

According to NYS, the Office of Renewable Energy Siting has the authority to issue a single permit for the construction of major renewable energy facilities from both a state and local law perspective, however applicants will still be required to obtain any approvals necessary under federal law, including federal permits.

In Monday evening’s meeting, Stafford resident Sandra Swanson expressed concern with the new 94-c process.

“It takes away all public comment and it undermines all our local laws,” says Swanson.

Swanson says that Stafford residents don’t know about what is going on with 94-c. She asked if the Town Board could advise residents in some way about 94-c in a letter or informational meeting.

Swanson wants to warn land owners that contracts are 25-40 years with solar companies and the landowner will have no control of their land for the entire contract.

“This is a land grab by NYS, our land is being hijacked,” says Swanson.

At the end of the meeting, Town Board members say they will plan on having a workshop in January to discuss the issue and how to best inform the residents of Stafford.

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