The following viewpoint is written by Drew McMullin, Associate Environmental Project Manager at Burns & McDonnell
In February 2026, the New York State Public Service Commission approved rules implementing the RAPID Act, creating the new Article VIII framework governing the siting and permitting of major electric transmission facilities and renewable energy generation projects. The final regulations, which became effective on March 9, 2026, are a significant change from previous regulations required by the New York Department of Public Service (DPS) under Article VII and Part 94c of the Office of Renewable Energy (ORES).
The RAPID Act aims to streamline and accelerate the location and authorization of energy infrastructure. The goal is to help New York deploy renewable energy and transmission facilities more efficiently while advancing the clean energy and greenhouse gas reduction goals set forth in the Climate Leadership and Community Protection Act.
Although Article VIII introduces numerous changes from the previous Article VII siting framework, there are several important differences in the permitting process for electric transmission facilities and substations.
Looking for a complete project
One of the most significant differences between Article VII and Article VIII is the level of preparation required to submit an application to ORES (formerly DPS). Under Article VII, applicants could obtain an Article VII Certificate of Environmental Compatibility and Public Necessity (CECPN) at a relatively conceptual stage of project development. Although the applications included preliminary engineering and environmental information, the detailed engineering design, additional environmental field studies, and other project elements were often refined as the proceeding progressed through the discovery, settlement, or adjudication processes and administered by DPS.
Project approval followed a linear process: apply, find complete, resolve the case with the parties and obtain a joint proposal, then receive the CECPN. During this time, advanced engineering and field activities were completed. Realization of the Environmental Management and Construction Plan (EM&CP) followed by certification.
In contrast, Article VIII requires a significantly higher level of project development before an application can be submitted. Applicants must complete extensive pre-application consultation, stakeholder outreach and environmental field studies. They must prepare detailed engineering, environmental and site exhibits before presenting them to ORES. As a result, Article VIII applications are expected to be substantially complete and supported by comprehensive technical documentation at the time of submission, reducing the need for significant design refinement during the review process.
The new regulations require applicants to prepare blueprints and profile-level engineering plans, as well as desktop and field environmental analyzes for wetlands, water bodies, offshore considerations, rare and endangered species, and invasive plant species. The application must also include historical and cultural studies conducted by the State Historic Preservation Office Phase 1B, if applicable, identification of disadvantaged communities within the project area and review of local ordinances for potential conflicts.
The average life of an Article VII project typically ranged from 24 to 36 months, sometimes longer, with activities spread throughout the process. According to Article VIII, these activities are compressed, with about 24 months of preparation before submitting the application and a maximum of 12 months for ORES to complete the CECPN approval process.
Greater expectations for public disclosure
Drawing comparisons to the old 94c process for renewable energy generation, Article VIII places more emphasis on public disclosure before applications are submitted.
Traditional municipal consultations continue under Article VIII, but there is a stronger focus on project routing and location. Under Article VII, discussions with municipal governing bodies often focus on the routing of overhead or underground transmission facilities. Under Article VIII, municipal officials now have approval authority and may propose routing alternatives to ORES for consideration.
The new regulations also require public open houses before submitting an application. These meetings allow affected residents to review the proposed routes and provide feedback, including suggesting alternatives for ORES to evaluate.
Beyond routing and location, Article VIII also requires consideration of disadvantaged communities and how project impacts are addressed. Public participation is now more formalized. Instead of serving as an attachment, the project information plan is required in the application exhibits and in the EM&CP. Active websites, hotlines, communication channels, and public meetings should be documented as part of the application review process.
Another change involves revising local ordinances that may conflict with the application. This process, which was previously managed privately, is now public. City officials may review potential exemption requests with applicants before submitting the request, introducing a step that may result in new results.
A more comprehensive application process
Another key difference between Article VII and Article VIII is the expanded scope of information required in application exhibits. Article VII requires 16 exhibits, while Article VIII requires 29. Additional exhibits introduce new technical studies and policy considerations, such as bathymetry studies for offshore wind interconnections, identification and assessment of disadvantaged communities, and a dedicated exhibit on electromagnetic fields. The regulations also introduce new guidance on the intervention process, including updated funding mechanisms.
Drew McMullin is an Associate Environmental Project Manager at Burns & McDonnell with over 15 years of experience supporting companies in the Northeast and Southeast on renewable energy, electric and gas transmission and distribution projects. Based in Portland, Maine, he focuses on New York Article VII and VIII permitting, public disclosure, real estate acquisition and regulatory compliance. He previously led a stakeholder management solutions team and regularly presents on stakeholder engagement for large infrastructure projects.
