RAPID/Hydropower/New York/Power Plant

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New York Hydropower Facility Licensing, Certification, Safety, & Regulation(7-NY)

In New York, a hydropower developer may need a Certificate of Public Convenience and Necessity issued by the New York State Department of Environmental Conservation’s Public Service Commission before construction can occur. The developer may also need to obtain a Renewable Portfolio Standard Certification from the New York State Department of Public Service to demonstrate that the proposed hydropower project will be an eligible renewable energy source for the state.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.


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Permitting at a Glance

Public Utility Certificate: Electric corporations may need a Certificate of Public Convenience and Necessity. N.Y. Pub. Serv. Law § 68, Certificate of Public Convenience and Necessity.
Certificate Agency: New York Public Service Commission
Certificate Threshold: To construct an electric plant.
Regulated Entity Definition: A “electric corporation" includes every corporation, company, joint-stock association, partnership and person...who owns, operates, or manages a electric plant for generation for public use. N.Y. Pub. Serv. Law § 2 (13), Definitions.
Small Hydropower Program: New York does not have a small hydropower program.
Renewable Portfolio Standard (RPS): Investor-owned utilities must procure 50% of their retail sales from eligible renewable energy resources by 2030.
RPS Eligible Hydropower: Hydroelectric upgrades with no new storage impoundments, with eligibility limited to the incremental production associated with the upgrade; new low-impact run-of-river hydroelectric facilities limited to 30 MW or less, with no new storage impoundment; and existing very small hydroelectric facilities within certain conditions (10MWs or less, in-state facilities, with expiring above-market energy contracts). In-State run-of-river hydroelectric facilities of 5MWs or less in commercial operation at any time prior to January 1, 2003 that demonstrate need to receive RPS financial support to operate.
RPS Regulatory Agency/Tracking System: New York Generation Attribute Tracking System