At its Feb.12, 2026, session, the New York State Public Service Commission (Commission) adopted a comprehensive set of new regulations implementing Article VIII of the New York State Public Service Law (PSL) for the siting, design, construction, and operation of major renewable energy and electric transmission facilities. The regulations, proposed by the Office of Renewable Energy Siting and Electric Transmission (ORES) within the Department of Public Service (DPS), represent the most significant restructuring of New York’s large-scale energy facility siting framework since the creation of Executive Law 94-c and are intended to streamline permitting of critical generation and transmission infrastructure needed to meet the State’s renewable energy and greenhouse gas reduction goals under the Climate Leadership and Community Protection Act (CLCPA).
The new rules will be codified as 16 NYCRR Parts 1100, 1101, and 1102. They apply generally to:
- Electric transmission lines of 125 kilovolt (kV) or greater extending at least one mile, and lines between 100 kV and 124 kV extending 10 miles or more, including associated substations and related equipment; and
- Renewable energy generating facilities with a nameplate capacity of 25 megawatts (MW) or greater, including co-located energy storage and transmission interconnection facilities under 10 miles necessary to connect the project to the bulk transmission system.
The regulations will become effective upon publication of the notice of adoption in the New York State Register in the next few weeks.
Regulations Spurred by the Passage of the RAPID Act
The Commission’s rulemaking follows passage of the Renewable Action through Project Interconnection and Deployment (RAPID) Act, enacted nearly two years ago to address perceived deficiencies in New York State’s permitting process for major renewable energy generation and electric transmission projects. With the RAPID Act, the Legislature attempted to reduce the timeline for permitting such projects because it concluded the existing framework was misaligned with the scale and urgency of renewable and transmission deployment required for statewide decarbonization.
Prior to the RAPID Act, large renewable generation facilities were reviewed under Executive Law § 94-c, administered by ORES, while major electric transmission facilities were permitted separately by the Commission under PSL Article VII. The RAPID Act consolidated these distinct regimes into a unified Article VIII framework governing both renewable generation and electric transmission infrastructure.
The New Regulations Aim to Speed Electric Transmission and Renewable Energy Permitting
Taken together, new 16 NYCRR Parts 1100, 1101, and 1102 establish a uniform, consolidated permitting framework for both major renewable energy and electric transmission facilities under PSL Article VIII. This consolidation is intended to accelerate deployment of the infrastructure required to meet CLCPA targets while maintaining environmental review and community protections.
Among the most consequential structural changes in the new regulations is the shift of substantial review activity to the pre-application phase. Applicants will now be required to conduct early consultations with municipalities, local agencies, Indigenous Nations, and potentially affected community members; evaluate compliance with local laws; identify potential environmental and community impacts; and document these efforts before an application is filed. These requirements are intended to bring stakeholders into the process early and resolve potential issues before potentially slowing the project. They include pre-application meetings to expose potential disputes over compliance with local laws and close information gaps by providing municipal officials with certain project information. The new regulations also facilitate early consideration of design modifications and alternative routes to identify and mitigate impacts before the project advances.
Harris Beach Murtha’s Energy Industry Team has long standing experience guiding clients through the siting of renewable generation and major electric transmission facilities. For example, our Energy Industry Team has secured multiple Certificates of Environmental Compatibility and Public Need (CECPN) for major electric transmission facilities under the legacy Article VII framework. Our Team has closely followed the development of the new Article VIII regulations from their inception and has assisted interested parties by preparing and submitting comments on the draft regulations during the Commission’s rulemaking process. With the adoption of these new regulations, Harris Beach Murtha stands ready to assist renewable energy and transmission developers successfully navigate this new regulatory landscape and advance critical energy infrastructure projects efficiently and strategically.
If you need assistance or have questions, please reach out to attorney John T. McManus at (518) 701-2734 and jmcmanus@harrisbeachmurtha.com; attorney Jeffrey D. Kuhn at (518) 701-2746 and jkuhn@harrisbeachmurtha.com; attorney Joshua Schneider at (518) 701-2744 and jschneider@harrisbeachmurtha.com; attorney Aubrey A. (Ohanian) Roman at (518) 701-2720 and aroman@harrisbeachmurtha.com; or the Harris Beach Murtha attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York State in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains; as well as in Boston, Massachusetts, and Newark, New Jersey.
