N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-4.1

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-4.1 - Office of Renewable Energy Siting and Electric Transmission Action on Applications

(a) Applications shall be submitted to the Office pursuant to section 1100-1.6(a) of this Part for initiation of review and a determination of completeness. It is the responsibility of the applicant to ensure the Office is notified of all address changes.

(b) The Office reserves the right in its sole discretion to elect to inspect the site(s) and during an inspection, among other things, measurements may be made, physical characteristics of the site may be analyzed, including without limitation soils and vegetation, and photographs may be taken. Ordinarily, such site visit shall occur between 7:00 a.m. and 8:00 p.m. Monday through Friday. An applicant's failure to allow access to the site can be grounds for, and may result in, a notice of incomplete application or statement of intent to deny.

(c) The Office shall make its determination of completeness or incompleteness on or before sixty (60) days of receipt of the application and provide notice of such determination to the applicant via electronic mail and regular mail.

(d) If the application is determined to be incomplete, the notice shall include a listing of all identified areas of incompleteness and a description of the specific deficiencies.

(e) Applications shall remain incomplete until all requested items are received by the Office. A partial submission of the requested material shall not change the incomplete status. The Office shall notify the applicant of the application status within sixty (60) days of receipt of all requested material.

(f) Failure of the applicant to respond in writing to the Office's notice of incomplete application may result in the application being deemed withdrawn without prejudice pursuant to the following procedures:

(1) If the applicant fails to respond to a notice of incomplete application within three (3) months, the Office may send a follow-up notice of incomplete application requesting, by a reasonable date to be identified by the Office, the necessary items for a complete application; and

(2) If the applicant fails to respond to such follow-up notice of incomplete application by the date identified by the Office, the Office may notify the applicant that the application is deemed withdrawn without prejudice.

(g) If the application is determined to be complete by the Office, a notice of complete application shall be prepared, posted on the Office's website and served upon:

(1) The applicant, as directed in subdivision (c) of this section;

(2) The chief executive officer of each municipality in which any portion of the such proposed facility is to be located, via regular mail; and

(3) Any person who has previously expressed in writing an interest in receiving such notification, via regular mail.

(h) If the Office fails to provide notice of its determination of completeness or incompleteness within the time period set forth in subdivision (c) of this section, the application shall be deemed complete. Nothing in this section waives any applicable statutory requirements to obtain other permits that may be required, including, but not limited to, federal and federally-delegated permits, or precludes the Office from requesting additional information as set forth in this Part.

(i) Time frames and deadlines set forth in this Part are calculated in accordance with the General Construction Law, article 2, section 20, where day one is the day after a pertinent time-sensitive event, such as date of receipt or day of publication. Unless indicated otherwise, days are calculated as calendar days.

(j) Unless otherwise specified in this Part, the applicant and Office may extend the time periods for a completeness determination or final determination on the application by mutual consent, provided that the time frame for final determination may only be extended for an additional thirty (30) days.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-4.1

Transferred from 900-4.1 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024