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S 9895

Repeals the major renewable energy development program, including the office of renewable energy siting and electric transmission

2025 Regular Session Introduced by Joe Griffo and 1 co-sponsor

Repeal the centralized Office of Renewable Energy Siting and major siting framework, shifting major energy project review and permitting back to pre-siting pathways.

REFERRED TO ENERGY AND TELECOMMUNICATIONS
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Bill Summary · S 9895

Overview

Bill S.9895 (Session 2025-2026, New York) proposes repealing the major renewable energy development program, including the Office of Renewable Energy Siting (ORES) and the related electric transmission siting framework, and making a broad set of conforming amendments across multiple laws (environmental conservation, eminent domain, executive, public authorities, energy, and public service law). The effective date is immediate, but several provisions include phased or conditional effects tied to other 2024-2025 statutory sunsets.

Main purpose and intent

  • Repeal the Office of Renewable Energy Siting (ORES) and the major renewable energy facility siting regime established to streamline and centralize siting for large renewable energy projects and major electric transmission facilities.
  • Revert or realign siting and permitting authority for major energy projects back toward or within existing frameworks, potentially restoring prior state agency roles and processes.
  • Eliminate or reduce the role of a centralized siting board for major renewable facilities and modify related permitting and eminent domain provisions accordingly.

Key provisions and changes

  • Repeal:
    • Article 8 of the Public Service Law (major renewable energy facility siting).
    • Public Service Law §3-c (likely related to appointment or authority provisions for the siting board or related bodies).
    • A series of amendments to environmental conservation law and eminent domain procedure law that reference major renewable energy facilities and siting processes (alignments to remove or modify references to ORES and article VIII siting).
    • Section 17-0701 of the environmental conservation law (power plant siting – clarifying transfer of duties and boards).
    • Repeal of environmental conservation law §17-0701(9) (title suggests a siting or permitting function, repealed entirely).
  • Revisions to cross-referenced definitions and duties:
    • Redefine or remove references to “major renewable energy facility” or “major electric transmission facility” siting permits under various articles.
    • Adjust references in eminent domain and environmental permitting sections to reflect non-ORES siting paths.
  • Public authorities and energy law changes:
    • Revisions to the New York Power Authority/energy planning framework (including review of board decisions and judicial review procedures) in light of the repeal.
    • Potential realignment of the role of the authority in siting or permitting major utility facilities, with implications for how costs and regulatory oversight are allocated.
  • Conservation easement and property conveyance:
    • Provisions addressing how property interests are recorded when land is needed for major utility transmission facilities, aligning with the repeal of the siting framework.
    • Maintains HEalth, environment, and Adirondack/Catskill park considerations in related conveyance findings where applicable.
  • Definitions and thresholds:
    • Revisions to thresholds for what constitutes a “major electric generating facility,” “major public utility use,” and related terms in several statutes, to reflect the new regulatory approach post-repeal.
  • Sunset and transitional rules:
    • Several sections include contingent take-effect or expiration provisions tied to the 2024-2025 sunsets for related amendments, ensuring orderly transition if components sunset.

Affected parties and impacts

  • State agencies:
    • Department of Environmental Conservation, Department of Public Service, Department of Health, and other environmental/permitting bodies.
    • The New York State Energy Research and Development Authority (NYSERDA) would be affected in its role if responsibilities shift away from centralized siting.
  • Energy project developers:
    • Large renewable energy developers and bidders for major renewable facilities, and developers of major electric transmission facilities, would be subject to a different regulatory posture, potentially returning to state-wide or local permitting pathways.
  • Local governments and communities:
    • Communities hosting renewable energy facilities may experience changes in permitting timelines, local involvement, and conservation oversight.
  • Property interests:
    • Processes for recording interests in land needed for major transmission facilities would be updated, potentially affecting conservation easements and real property conveyance practices.

Procedural and timeline aspects

  • Effective date: immediate upon enactment.
  • Several provisions interact with existing sunset rules from 2024 laws (as noted in the text), meaning certain amendments may be subject to expiration and reversion if not continued through section-specific trigger dates.
  • The bill references expedited judicial review and streamlined processes for certain planning actions (in one section related to energy planning) but would be superseded or altered by the repeal of the siting framework.
  • As a comprehensive repeal, transitional guidance would be essential to implement the shift from a centralized siting regime to the pre-existing or newly defined pathways.

Summary

S.9895 seeks to dismantle New York’s major renewable energy facility siting regime centered on the Office of Renewable Energy Siting and the related article VIII framework, repealing key provisions across multiple laws and reconfiguring how major energy projects are reviewed, permitted, and financed. It would affect regulatory oversight, eminent domain procedures, conservation easement processes, and the roles of state authorities in siting and permitting, with immediate effect and transitional provisions linking to prior sunset dates. The measure would markedly alter the state’s approach to large-scale renewable energy development and major electricity transmission projects.

Compiled from official sources — confirm details with the bill’s official record.

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