On October 22, 2025, the New York State Department of Public Service Office of Renewable Energy Siting and Electric Transmission (ORES) released its long-awaited revised set of proposed rules and regulations (the Proposed Rules) for the siting and permitting of major renewable energy generation facilities and major electric generation facilities under the Renewable Action Through Project Interconnection and Deployment (RAPID) Act. As outlined in our previous alert, ORES originally published an initial set of Proposed Rules on December 18, 2024, and received public comments until April 18, 2025. Due to the over 2,000 public comments received, ORES issued a notice on June 16, 2025, that it planned to revise certain key provisions of the Proposed Rules.
According to the Notice of Revised Rule Making published in the State Register on October 22, 2025, the revised provisions within the Proposed Rules relate to pre-application procedures, alternative route scoping procedures for transmission facilities, procedures for upgrades and new work for transmission facilities located substantially within existing rights-of-way, replacement of “environmental justice” with “disadvantaged communities” in compliance with the Climate Leadership and Community Protection Act (CLCPA), and noise standards for both generation and transmission facilities.
There will be a minimum of 45 days for public comment on the revised Proposed Rules, scheduled to end on December 8, 2025. Barclay Damon’s Regulatory Practice Area attorneys will continue to review the draft Proposed Regulations and monitor the proceedings as comments are received and addressed by ORES.
If you have any questions regarding the content of this alert, please contact Brenda Colella, Regulatory Practice Group leader and Regulatory Practice Area co-chair, at bcolella@barclaydamon.com; Ekin Senlet, Regulatory Practice Area co-chair, at esenlet@barclaydamon.com; Emma Marshall, associate, at emarshall@barclaydamon.com; or another member of the firm’s Regulatory Practice Area.