The permitting process for energy infrastructure projects in New York State varies depending on the size, type, and funding of the project. Most energy generation projects and all energy transmission projects go through the New York State Department of Public Service (DPS), the staff arm of the Public Service Commission (PSC). Recent reforms in the past few years have separated out permitting specifically for large-scale renewable energy generation and transmission projects to be managed by the Office of Renewable Energy Siting and Electric Transmission (ORES) within DPS, in an attempt to speed up their implementation. The remainder of projects are evaluated through the existing processes governed by DPS and other agencies. Some energy projects may qualify for additional review through the State Environmental Quality Review Act (SEQRA) if they receive state funding or go through a state agency. Finally, for smaller energy generation projects, typically under 25 Megawatts (MW) in size, permitting is left up to the Department of Environmental Conservation (DEC) and local municipalities.

In response to the New York’s landmark Climate Leadership and Community Protection Act of 2019 (CLCPA) - which committed the state to an 85% reduction in greenhouse gas emissions and 100% zero-emission electricity by 2040 - New York overhauled the permitting regime for large-scale, renewable energy generation.

First, New York established the Office of Renewable Energy Siting (ORES) in 2020, through the Accelerated Renewable Energy Growth and Community Benefit Act. The goal was to streamline the prior siting and permitting process (Article VII) of large scale renewable energy projects over 25 megawatts by creating a ​“one-stop-shop” for those projects, setting relatively finite timelines, and requiring community outreach and input prior to the application process starting. Then, in 2024-2025, New York moved ORES to the Department of Public Service, from its original home in the Department of State, and expanded its jurisdiction to include the process for siting large scale, renewable transmission projects, finalizing the operating rules in February 2026. These reforms have essentially created two different permitting tracks: one expedited track for renewable energy and transmission, and another track for non-renewable energy and transmission projects.

Within DPS, the Office of Renewable Energy Siting and Electric Transmission (ORES) handles the permitting and siting review of all renewable energy generation projects 25 MW or larger, and all transmission projects outside of New York City that are at least one mile long with a capacity of 125 kilovolts or larger or are at least 10 miles long with a capacity of 100 kilovolts or larger.

The ORES permitting process starts with a pre-application phase. This phase can be the most cost-intensive, as it requires environmental studies and significant municipal consultation, including at least one public meeting. At least 60 days prior to submitting an application, the applicant must submit a notice of intent to file an application. The application itself requires 25 exhibits that examine the project in the context of local laws, environmental impact, and health and safety. The application is reviewed in-house by ORES staff and other departments, where needed. Applicants must also provide intervenor funding to allow for municipal and local participants to hire attorneys, experts, and consultants in order to participate in the permitting process.

Once the entire application is submitted, ORES staff have 60 days to review for completeness. If ORES staff determine that the application is incomplete, the applicant must re-submit any missing information, and ORES staff have an additional 60 days to review the updated application, potentially adding several months to the process. Once an application is determined to be complete, ORES will issue a Notice of Complete Application and a draft permit. A 60 day public comment period, with public hearings, follows the posting of the draft permit. Once that 60 day period is over, ORES and the applicant jointly review all comments and either issue responses to those comments or assess them for integration in the project.

If there are significant issues presented during the public comment period, those comments are reviewed by an Administrative Law Judge and determines if a hearing is necessary. The ORES Executive Director will then issue a final decision no more than 40 days later.

The final permit must either be approved or denied within one year of a notice of complete application being published. At its fastest, the ORES process takes approximately six months (60 days for the pre-application process, 60 days for application review, 60 days for public comment). This, however, is frequently not the case. For highly contested projects, the process could easily extend two years or more, with a lengthy pre-application process adding months or potentially years to the process and any missing information in the initial application adding several months. Examples of projects that have gone through two plus year ORES processes include Cider Run Solar, a 500 MW solar project in Genesee County; Alabama Solar Park, a 130 MW solar project in Genesee County; and Cayuga Lake Solar, a 60 MW solar project in Tompkins County. Overall, there are eight active projects that initiated the ORES process prior to 2024, as of August 2026.

Despite some initial challenges, ORES represents a significant improvement from the previous processes, even as it works to evolve and improve in real time. As more projects move through the ORES process, the better it will become, as both developers and project reviewers will have a greater breadth of knowledge to build upon.

Prior to ORES, major electric and gas transmission facilities were permitted under Article VII of the Public Service Law. With the implementation of the RAPID Act, new transmission projects are reviewed by ORES, although existing projects are still reviewed under the prior Article VII process. Article VII requires all transmission projects to be reviewed for the environmental impact in design, siting, construction, and operation. At the end of the Article VII process, projects receive a Certificate of Environmental Compatibility and Public Need.

The Article VII process begins a voluntary public involvement stage. The voluntary nature of this stage is a major difference between the old Article VII process and the ORES process. Advanced notices to elected officials and municipalities in the affected areas have to be notified, but no formal process is required, only suggested processes, including public hearings and comment periods.

Once an application is submitted to the DPS, copies must also be given to the DEC, Department of Economic Development, Secretary of State, Department of Agriculture, and the Office of Parks, Recreation and Historic Preservation as well as the affected municipalities. Notice and Proof of Notice is required as well.

The application itself must include a description and need of the project, environmental studies, and alternative routes. The Commission then takes 30 to 60 days to determine if the application is complete, although it can take longer. During that time, public comments and statement hearings take place. Once an application is deemed complete, the proceeding that follows must be completed within one year, unless it qualifies for the nine month expedited process. The deadline may be extended an additional six months. Similar to ORES, there is an intervenor fund that the applicant pays into, the fee of which is between $50,000 and $450,000, depending on the length of the line and the amount of existing utility right-of-way it would use.

Once an Administrative Law Judge recommends an application be certified, the PSC then can move to approve or modify the application. After the certificate is awarded, an Environmental Management and Construction Plan must be submitted and approved.

Prior to ORES implementation, Article 10 of the Public Service Law covered the siting and permitting process for all energy generation 25 MW or greater in capacity. Since ORES now covers both renewable energy generation and transmission, Article 10 primarily covers the siting and permitting of natural gas facilities.

The overall process is similar to ORES and Article VII. The pre-application process requires a filed scoping document with basic site characteristics and environmental impact studies. Public consultation is required, with a $350 per megawatt of capacity (up to $200,000) fee to fund an intervenor account.

The application itself must have a site description, environmental and health impact studies, air quality studies, environmental justice studies, and demographic and economic studies as well as a utility security plan reviewed by Homeland Security and/or New York City Emergency Management Office. Public notice of the application’s filing is required. An intervenor fund is required for this stage as well, with the fee equal to $1,000 per megawatt of capacity, up to $400,000.

Within 60 days of an application’s filing, the board chair must determine whether the application is complete, and then set a date for a public hearing. The DEC must also advise the board of the environmental impacts of the project during this period. Once the initial hearing date has passed, a 30-60 day public comment period opens. The board may then make its decision to grant a certificate.

If a project does not qualify for any of the streamlined permitting processes above, then it must go through site-specific environmental permitting. And for projects that do go through the streamlined processes, they must still consult with the DEC. Permits are administered through the Department of Environmental Conservation, and include permits for waterways, coastlines, and wetlands; wastewater, stormwater, and water withdrawal; and air pollution. Wetlands can be a particularly challenging obstacle to permitting, as the definition of what a wetland is very broad.

Battery energy storage systems do not qualify for any of the above expedited permitting processes. To site and permit large scale battery energy storage systems (transmission-scale), then developers must obtain individual permits from the DEC, as well as local permits. Local processes vary significantly from municipality to municipality. There are several municipalities throughout the state that have issued moratoria on energy storage systems, and several others who have de facto moratoria.