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The New York State Board on Electric Generation Siting and the Environment has approved the final regulation for Article X, the new power plant siting law that establishes a centralized certification process for electric generating facilities.

The new Article X shares many features with the old statute: It creates a siting board composed of state agency commissioners and public members; provides intervenor funding for municipalities and local parties; consolidates and coordinates state environmental review and permitting requirements; and provides authority for the siting board to override overly burdensome local laws.

The legislation's reach is broad. With limited exceptions, all proposed generation projects exceeding 25 MW, regardless of fuel source, will be included in the new process. Existing facilities that seek modification can do so as long as it would not result in an increase in capacity of more than 25 MW. In addition, facilities constructed on lands devoted to industrial uses are limited to a generating capacity of 200 MW or less.

To read more about what Article X means for wind developers, click here.

The regulations will take effect once they are published in the State Register.


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