RAPID Action - ORES Issues Revised Proposed Regulations Under the RAPID Act

On October 22, 2025, the New York State Office of Renewable Energy Siting and Electric Transmission (ORES) issued a revised set of proposed regulations implementing the Renewable Action Through Project Interconnection and Deployment (RAPID) Act, which consolidated the State’s renewable energy and electric transmission siting processes under a new Article VIII of the Public Service Law (PSL).

The revised proposed regulations reflect ORES’s consideration of more than 2,000 public comments submitted in response to its initial proposal in December 2024. These revisions would repeal and replace 16 NYCRR Part 1100, establishing new procedural and substantive requirements for major renewable energy and electric-transmission facilities across New York.

For background on the original December 2024 proposal, see Hodgson Russ LLP, ORES Seeks Public Comments on Renewable Energy and Transmission Facility Permitting and Siting Draft Regulations (Dec. 2024), available here.

Highlights of the Revised Proposal

According to ORES, the revised rulemaking seeks to streamline the combined permitting framework while strengthening early stakeholder engagement and clarifying standards for project amendments and rights-of-way. ORES estimates that these revisions will reduce the timeframe for permit issuance by up to 50%. In light of the expanded role given to municipalities, the expanded requirement to consider alternative transmission line routes, and the increased noise modeling required for new substations, the ORES prediction will be greatly tested. 

Key proposed changes include:

• Expanded pre-application requirements, including mandatory consultation with municipalities, community members, and Indigenous Nations within 60-90 days of filing
• Updated procedures for alternative route scoping and upgrades to transmission facilities located within existing rights-of-way
• Revised definitions and procedural standards, including new distinctions between “major” and “minor” amendments, clarified completeness determinations, and mandatory professional-engineer certifications for filings involving engineering judgment
• Terminology alignment with the Climate Leadership and Community Protection Act (CLCPA), replacing “environmental justice areas” with “disadvantaged communities”
• Revised technical standards, including updated noise and vibration thresholds for renewable and transmission facilities

Next Steps and Comment Period

A 45-day public comment period is now open. Stakeholders may submit written comments to ORES through the Department of Public Service’s Document and Matter Management (DMM) System by December 8, 2025.

Given the scope of these proposed changes, developers, municipal officials, and community stakeholders should evaluate how the revised definitions, deadlines, and procedural rules may affect both pending and future projects under Article VIII.

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