Applicants must file a Public Involvement Program (PIP) Plan, which summarizes all actions the Applicant commits to take to involve the public, 150 days before filing a Preliminary Scoping Statement (PSS). The PSS is filed 90 days prior to filing an application. The PSS must be provided to state and municipal agencies, state and local officials, and local libraries. A notice summarizing the PSS must also be placed in newspapers. The major components of a PSS include:

• Proposed facility and environmental setting
• Potential significant, adverse environmental and health impacts
• Visual simulations showing potential visual impacts
• Proposed studies to evaluate potential impacts
• Measures to avoid or mitigate adverse impacts
• Reasonable alternatives
• Information and plans for decommissioning
• Socioeconomic impact studies
• State and Federal requirements

Once the PSS is submitted, circulated and properly noticed, and after at least half of the intervenor funds (process outlined below) have been awarded, consultation begins with interested parties on the methodology and scope of impact studies. There is a 21-day period for the public to comment on the PSS, and the applicant has 21 days to respond to all comments received.

To learn more about the pre-application phase, please click here to read Section 1000.5 “Pre-Application Procedures” of the State of New York Board on Electric Generation Siting and The Environment Article 10 Regulations. 

No less than 90 days after filing the PSS, the project application can be filed with the Siting Board. Once filed, the application is provided to state and municipal agencies, state and local officials, interested parties, and local libraries for general public review. Among other items, the application must include:

• Project description
• Summary of public involvement activity
• Evaluation of reasonable and available alternative locations
• Evaluation of expected environmental and health impacts
• Evaluation of environmental justice issues
• Facility and community security and safety plans

To learn more about the application, please click here to read Section 1001 “Content of An Application” of the State Of New York Board on Electric Generation Siting and the Environment Article 10 Regulations. 

Within 60 days of the filing of the Application, the Siting Board must determine whether the application complies with all filing requirements. Once the application is deemed complete, the Siting Board will schedule a public hearing. A pre-hearing conference will also be set to identify intervenors, award intervenor funds, identify issues for hearing, and establish a case schedule.

The Siting Board must make a decision on the application within 12 months of when the application is determined to be complete. In making its final decision, the Siting Board will consider impacts to:

• Land use
• Statewide electrical capacity and energy policies
• Ecology, air, ground and surface water, wildlife and habitat
• Cultural, historical, and recreational resources
• Communications, transportation, and utilities

The Siting Board must also determine that the facility is a “beneficial addition or substitute for” generation capacity, that the project is in the public interest, that adverse environmental effects will be minimized or avoided, and that the project is in compliance with state laws and regulations.

Once the project is certified, there is a three-part compliance phase:

• Pre-Construction – filing of engineering and design documents, permits, and approvals prior to construction
• On-Site Compliance – on-site inspections by state agency personnel after construction begins to ensure the project is complying with the Certificate
• Long-Term Compliance – on-site inspections regarding the operation of the facility over its lifetime