Energy Standard: Lessons Learned November 13, 2018 For more - - PowerPoint PPT Presentation

Article 10 and SEQR Under the Clean Energy Standard: Lessons Learned

November 13, 2018 For more information please contact: Mike Speerschneider, Senior Director, Permitting Policy and Environmental Affairs mspeerschneider@awea.org 202-706-8867

Article 10: In a Nutshell?

• “The a unified proceeding instead of requiring a developer or owner of such a facility to

apply for numerous state and local permits.”

• A previous version of the law expired in 2003. From 2003-2012, local governments

reviewed projects under the State Environmental Quality Review Act.

• Projects still need to work with local governments:
• Road Agreements, PILOTs, Host Community Agreements
• Local officials are able to sit as ad hoc members of the Siting Board.
• “One of the primary reasons is the uncertainty related to permitting, particularly

costs and timing. Also, permit conditions during construction and operations places higher costs and uncertainties on projects than projects on private land.”

• Technical Review is completed by staff at DPS and DEC.
• Hearings and disputes are adjudicated by a presiding examiner

Article 10 Potential for Success?

• A unified proceeding, creating efficiency, certainty and consistency, is a huge
• pportunity.
• 50% renewable energy by 2030 is a huge opportunity.
• 40% reduction in greenhouse gas emissions by 2030 is a huge opportunity.
• Solicitations for Large Scale Renewable Energy Certificates is a huge opportunity.
• Article 10 process is a huge opportunity;
• Public Involvement Program (PIP) to encourage more involvement from local

communities

• A ununified proceeding
• Stipulations process to avoid lengthy hearing process
• The ability to advocate for projects based on science-based, wholistic planning and

siting, rather than single issues or emotional response.

Article 10 Actual Success?

• 32 projects in Article 10 Queue
• 4 Complete App and 1 other Submitted Apps
• + 11 PSS submitted
• + 17 PIPs submitted
• Nearly all are renewables
• More coming based on NYISO Queue
• Total of 32 wind and 61 solar

Article 10 v. other states?

Authority/ Process Standards Time Frame (from app)

New York State authority, adjudicated hearings, State Board decision No - each case different. So far. 3-4 years Ohio State authority, adjudicated hearings, State Board decision Regulations include certain “standards” Precedents help applicants and speed the process. 1-2 years Pennsylvania Local authority, based on zoning laws. NPDES permit No – primarily precedent from

• ther jurisdictions.

~1 year

• Key Point: there is nothing to suggest any one approach is “better” than others.
• There is no state or county that has more “problems” than others, so long as critical items

are addressed:

• Compatibility with land use
• Environmental/species review

Article 10 v. other states?

Contents of Article 10 Application (by Rule)

• General Requirements
• Overview and Public Involvement
• Location of Facilities
• Land Use
• Electric System Effects
• Wind Power Facilities
• Electric System Production Modeling
• Alternatives
• Consistency with Energy Planning Objectives
• Preliminary Design Drawings
• Construction
• Real Property
• Cost of Facilities
• Public Health and Safety
• Pollution Control Facilities
• Air Emissions
• Safety and Security
• Noise and Vibrations
• Cultural Resources
• Geology, Seismology and Soils
• Terrestrial Ecology and Wetlands
• Water Resources and Aquatic Ecology
• Visual Impacts
• Effects on Transportation
• Effects on Communication
• Socioeconomic Effects
• Environmental Justice
• Site Restoration and Decommissioning
• Local Laws and Ordinances
• State Laws and Regulations
• Other Applications and Filings.
• Electrical Interconnection
• Electric and Magnetic Fields
• Water Interconnection
• Wastewater Interconnection
• Telecommunications Interconnection

Contents of Ohio PSB Application (by Rule)

• Purpose and Scope
• Project Summary and Applicant Information
• Project description in detail and project schedule detail
• Project area selection and site design
• Electric grid interconnection
• Economic impact and public interaction
• Compliance with air, water, solid waste and aviation regulations
• Health and Safety, land use and ecological information
• Wind farms
• Construction, location, use, maintenance and change
• Erosion control
• Aesthetic and recreational land use
• Wildlife
• Ice Throw
• Noise
• Blade shear
• Shadow flicker
• Decommissioning

AWEA Resources Reinventing the Wheel?

• New website: www.awea.org
• Fact Sheets
• Publications
• Under development: Issue Libraries
• Regional Partners
• ACE New York
• Industry Positions and Standards