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ORES destroys home rule

Narrative dossier · Other / Unknown · 14 instances captured this month

8
All narratives

“ORES strips your town of home rule and hands your zoning to unelected Albany bureaucrats.”

Other / UnknownMissing ContextFirst seen June 30, 2021·Originated with NYers for Local Control

The organizing frame that binds the whole network together — it converts project-level objections into a statewide legislative campaign against 94-c.

14instances this month+16%

Instances this month

14

+16% month over month

Counties affected

7

Top: Steuben County (3 items)

Repeaters identified

4

3 organizations · 1 individuals

Cited rebuttal sources

3

Rebuttal published to counter-measures

Factual Rebuttal(3 cited sources)The verified response used by the counter-measures team, with the primary sources it rests on.The verified response used by the counter-measures team, with the primary sources it rests on.

Verified response

Section 94-c applies only to projects of 25 MW or larger; everything below that threshold — the large majority of NYS solar and all of the projects in this catalog's local-board fights — remains under full town and county control. Even for 25 MW+ projects, ORES must apply substantive local law unless an applicant demonstrates a provision is unreasonably burdensome, municipalities receive statutory intervenor funding to participate, and towns retain a formal consultation role. Fourteen local provisions have been upheld and applied in ORES permits to date.

Cited sources

  1. 1Executive Law §94-c and 19 NYCRR Part 900NYS Office of Renewable Energy Siting·2024Applies at 25 MW and above; requires application of substantive local law absent an unreasonable-burden finding.
  2. 2Intervenor funding awards to municipalitiesNYS Office of Renewable Energy Siting·2024Statutory local agency account funds municipal review; awards documented across active dockets.
  3. 3Local law application in issued ORES permitsORES permit conditions review·2024Fourteen substantive local provisions applied as permit conditions rather than waived.

Propagation Timeline(6 events)How the claim entered the New York record and moved between channels, hearings, and local legislation.How the claim entered the New York record and moved between channels, hearings, and local legislation.

  1. Jun 30, 2021OriginHome-rule campaign launchedNYers for Local Control begins a petition drive framing 94-c as the elimination of local zoning.
  2. Feb 9, 2022LegislationModel resolution distributedNear-identical “home rule” resolutions appear before nine town boards within five weeks.
  3. Oct 25, 2022AmplificationApplied to sub-25 MW projectsSpeakers invoke ORES preemption at hearings for projects far below the jurisdictional threshold.
  4. May 18, 2023RebuttalIntervenor funding explained on the recordCounty planning staff walk a board through the local agency account and consultation process.
  5. Dec 7, 2023MediaRadio campaign in the Southern TierAd buy runs the home-rule frame across four markets ahead of two board votes.
  6. Apr 2, 2024RebuttalLocal provisions upheld in an ORES permitFourteen substantive local provisions applied as conditions, undercutting the preemption framing.

Who Repeated It(4)Organizations and individuals recorded repeating this claim in hearings, filings, or monitored channels.Organizations and individuals recorded repeating this claim in hearings, filings, or monitored channels.

Actor inventory
  • NYers for Local ControlLocal group · originator9repeats
  • Americans for Prosperity – NYFront group · legislative campaign7repeats
  • Empire Center for Public PolicyFront group · policy framing5repeats
  • Dale FerraroMercenary · itinerant intervenor8repeats

Deployed Against(3 projects)Projects where this claim appeared in the hearing record or in monitored local channels.Projects where this claim appeared in the hearing record or in monitored local channels.

All projects
Wilton Solar ProjectSaratoga CountyOpen
Silver Creek SolarChautauqua CountyOpen
Berkshire Storage ProjectTioga CountyOpen

Captured excerpt

“This board answers to the people in this room, not to ORES. Albany does not get to write our zoning code for us.”

Town of Hanover town board, public comment·May 28, 2024

Spread by County(7)Captured items for this narrative by county. Hover the map for county detail.Captured items for this narrative by county. Hover the map for county detail.

  • Steuben3
  • Saratoga3
  • Chautauqua2
  • Jefferson2
  • Tioga2

Counter-Messaging Kit(3 audiences)Ready-to-deploy responses tailored per audience, with the local messenger best positioned to deliver each one.Ready-to-deploy responses tailored per audience, with the local messenger best positioned to deliver each one.

Full playbook

Talking point · Town board

This project isn't even in ORES jurisdiction

94-c starts at 25 MW. Below that, your board holds full site plan and special use authority. Passing a home-rule resolution about a project you already control spends your credibility on a fight that isn't yours.

Best messengerCounty planning director or municipal attorney