Sec. 900-1.1. Purpose and applicability

(a) The purpose of this Part is to establish procedural and substantive requirements for permit applications for major renewable energy facilities (as defined in section 900-1.2[ag] of this Subpart) reviewed by the Office of Renewable Energy Siting and applies to applications for permits for the siting, design, construction, operation, compliance, enforcement and modification of such facilities pursuant to section 94-c of the New York State Executive Law.

(b) This Part shall not apply to the following:

(1) to a major renewable energy facility (as defined in section 900-1.2[ag] of this Subpart), or any portion thereof, over which any Federal agency or department has exclusive siting jurisdiction, or has siting jurisdiction concurrent with that of the State and has exercised such jurisdiction to the exclusion of regulation of the facility by the State. However, nothing herein shall be construed to expand Federal jurisdiction;

(2) to normal repairs, maintenance, replacements, non-material modifications and improvements of a major renewable energy facility (as defined in section 900-1.2[ag] of this Subpart), whenever built, which are performed in the ordinary course of business and which do not constitute a violation of any applicable existing permit, including permits issued pursuant to this Part;

(3) to a major renewable energy facility (as defined in section 900-1.2[ag] of this Subpart) if, on or before the effective date of section 94-c of the New York State Executive Law, an application has been made or granted for a license, permit certificate, consent or approval from any Federal, State or local commission, agency, board or regulatory body, including the submission of a pre-application public involvement program plan under article 10 of the New York State Public Service Law, in which the location of the major renewable energy facility has been designated by the applicant, except where an applicant elects to be subject to this Part as authorized by Public Service Law sction 162;

(4) any renewable energy system as such term is defined in section 66(p) of the New York State Public Service Law, with a nameplate capacity of less than 25,000 kilowatts, unless such system becomes an opt-in renewable energy facility (as defined in section 900-1.2[ba] of this Subpart); and

(5) any stand-alone battery energy storage system.