In his annual budget address on Jan. 21, 2020, New York Governor Andrew M. Cuomo proposed a complete overhaul to New York’s siting of renewable energy projects. Noting that siting a project under the current Article 10 process takes 5-10 years to begin construction, the governor found that the current process simply does not work. In a reference to the renewable energy generation goals set forth in the Climate Leadership and Community Protection Act (CLCPA), the governor called setting goals without the means to achieve them “baloney” and went on to propose “flip[ping] the whole model” of renewable siting by having the state acquire potential sites for renewable energy generation, permitting the projects, and delivering shovel-ready sites to developers.
Article 10, signed by Governor Cuomo in 2011, was intended to streamline the siting of large-scale renewable and other major energy generating facilities of 25 megawatts or more. The original generation siting law had a higher threshold that omitted most renewable projects from its scope. Article 10 was meant to be a one-stop shop for environmental, health, and public safety reviews and permitting, allowing for an override of local laws that would unnecessarily impede siting and providing a strong mechanism to counterbalance knee-jerk NIMBYism, thereby allowing siting of needed electrical generation to help ensure safe and reliable service to ratepayers. It established a Board on Electric Generation Siting and the Environment, commonly referred to as the “siting board,” to accomplish that goal, and provided for the appointment of ad hoc members of the municipality where a project is proposed to be sited, giving a voice to residents.