Is this Legal?
In February 2020, Governor Cuomo issued an Executive Order in his NYS Budget Amendment creating a new “law”, a new State Entity, the Office of Renewable Energy Siting (ORES), and a new review process (94C) - bypassing NYS’s Legislative Process. The Department of Public Service had long been reviewing such permit applications under its process (Article 10), which included evaluation by the Department of Environmental Conservation, and the Department of Agriculture and Markets, as well as true input from local governments and communities.
The new “law” and the ORES 94C process has resulted in the dismissal of local laws, codes, and regulations rendering them inconsequential. Feedback from the community is considered irrelevant. As of March 14th, 2023, ORES has not denied any permit, and the process includes defacto approval of applications even if developers submit beyond deadlines and/or if ORES fails to provide a formal answer within a certain period of time.
Renewable Energy vs the Environment, by Gary Abraham, Esq.
Accelerated Renewable Energy Growth and Community Benefit Act Silences Local Voices, Press Release from Senator Joseph Griffo (R-I-C-Rome), and Assemblyman Robert Smullen (R-C-I-SAM-Meco)
Learn about the Town of Copake’s Experience with the ORES/94C Process
Support Sensible Solar for Rural NY
in its Fight Against the Hecate Shepherds Run Solar Project
Questions for New Yorkers:
Are you okay with your local laws being irrelevant?
Are you okay with projects proceeding without proper environmental review?
Are you okay with replacing prime farmland with solar installations and permanently removing the land from the State’s farmland inventory?
Are you okay with destruction of habitats, wetlands, marshlands, water sources?
Are you okay with putting bald eagles, migrating birds and endangered bats at risk?
Are you okay with community feedback being given lip-service and considered irrelevant?
Should a Governor be permitted to bypass the NYS Legislature in creating new laws?