New York’s RAPID Act Proposed Regulations: A Shift in Energy Project Siting and Transmission Permitting

The State of New York is moving forward with proposed regulations to implement the Renewables, Accelerated Permitting and Infrastructure Deployment (RAPID) Act, enacted in 2024. These regulations aim to consolidate and streamline the permitting process for major renewable energy and electric transmission projects under a new Article VIII of the Public Service Law (PSL). For municipalities, developers, and stakeholders navigating the intersection of land use, energy, and environmental regulation, these changes signal a pivotal shift in how large-scale energy projects will be permitted and reviewed.

The draft regulations would implement the 2024 RAPID Act by bringing the permitting of large transmission facilities and large renewable generating facilities within one set of procedures. Previously, the permitting processes were separate: the New York State Public Service Commission (PSC) had jurisdiction over the permitting of transmission facilities whereas the Office of Renewable Energy Siting and Electric Transmission (ORES) had jurisdiction over the permitting of renewable generators.

What the RAPID Act Does

The RAPID Act restructures the permitting framework by:

• Transferring authority from ORES to a newly reconstituted office within the Department of Public Service (DPS), while retaining ORES’s streamlined permitting process.

• Creating a unified permitting scheme for both major renewable energy facilities (MREs) and major electric transmission facilities (METs), previously governed by Articles 10 and 7 respectively.

• Replacing the siting certificates under Articles 7 and 10 with a new “siting permit” process governed by Article VIII.

Structure of the Proposed Regulations

The proposed regulations are divided into three parts:

• Part 1100 – General Procedures: Establishes the procedural framework for all applications under Article VIII, including definitions, permit transfers, application completeness criteria, and hearing procedures​.

• Part 1101 – Major Renewable Energy Facility Siting: Details pre-application requirements and application content for renewable projects, including rigorous requirements for wetlands, water resources, species protection, cultural and visual resources, and public engagement​.

• Part 1102 – Major Electric Transmission Facility Siting: (Not detailed here but follows a parallel structure for transmission projects.)

Key Legal and Regulatory Takeaways

1. One-Stop Permitting

Article VIII creates a “one-stop shop” for permitting MREs and METs. While state and local substantive laws still apply, all procedural requirements are preempted, and ORES may waive local laws deemed “unreasonably burdensome” when measured against the state’s climate targets (CLCPA goals)​.

2. Tightened Timelines

Permitting decisions must be made within one year of an application being deemed complete, bringing predictability for developers and requiring readiness from host municipalities and stakeholders​.

3. Expanded Jurisdiction over Transmission Projects

ORES now has authority to permit major electric transmission facilities, a function previously held by the PSC under Article VII. The RAPID Act requires the creation of uniform standards and conditions (USCs) for both generation and transmission projects by April 2025​.

4. Enhanced Environmental Protections

Applications must include detailed wetland and waterbody delineations, threatened and endangered species assessments, and pre-construction habitat and cultural resource surveys. These are required well before application submission, necessitating early planning and community engagement​.

5. Community and Municipal Involvement

Municipalities are afforded an opportunity to participate through formal statements of local law compliance, intervenor funding, and public hearings. However, the ability of municipalities to enforce local laws is curtailed if such laws conflict with climate policy objectives​.

6. Automatic Approvals

The draft regulations include an automatic permit approval provision that would grant a permit if ORES fails to timely decide the application.

What This Means for Clients

For project developers, this regulatory overhaul offers a more efficient permitting path—but demands early coordination and compliance with new environmental and procedural requirements. Developers with projects in the pipeline should evaluate whether to opt into Article VIII. For municipalities and landowners, it presents new procedural hurdles and the need to assert local concerns early and strategically. Municipalities should consider preparing now for an active role in the new process.

Our Team’s Perspective

As a firm focused on zoning, land use, energy, and environmental law, we see the RAPID Act as both a challenge and an opportunity for stakeholders across the spectrum. We are closely tracking the regulations and are available to assist clients in preparing for this new permitting landscape.

If you have questions about the RAPID Act, its implementing regulations, or any other environmental law matter, please contact Jacob H. Zoghlin at 585-258-2834 or jzoghlin@underbergkessler.com or Mindy L. Zoghlin at 585-258-2871 or mzoghlin@underbergkessler.com at Underberg & Kessler LLP.