Article 10 ~ Memorandum and Resolution ~ has been issued and is now publicly available.

Memorandum and Resolution has been issued and is now publicly
available. The final regulations are included as an appendix.


CASE 12-F-0036 - In the Matter of the Rules and Regulations of the Board on Electric Generation Siting and the Environment, contained in 16 NYCRR, Chapter X, Certification of Major Electric Generating Facilities.
MEMORANDUM AND RESOLUTION ADOPTING ARTICLE 10 REGULATIONS
(Issued and Effective July 17, 2012)
BY THE BOARD:

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INTRODUCTION

In this memorandum and resolution, the New York State Board on Electric Generation Siting and the Environment (Siting
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Board) promulgates new regulations to implement Article 10 of the Public Service Law, enacted in Chapter 388 of the Laws of 2011. Article 10 empowers the Siting Board to issue Certificates of Environmental Compatibility and Public Need authorizing the construction and operation of major electric generating facilities.

BACKGROUND

The Legislature enacted Article 10 of the Public Service Law (PSL) to ensure that state and local regulatory certification regarding the construction and operation of major electric generating facilities would be determined in a unified manner. The statute requires certification proceedings to be conducted expeditiously and generally imposes a 12-month deadline on such proceedings. The statute mandates a pre-application consultation process to obtain early input from the public regarding proposed facilities, provides for active public involvement, and establishes requirements for intervenor funding to promote local participation in siting cases. The statute also empowers the Siting Board to promulgate regulations to implement Article 10.