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Regulatory Requirements
The installation and maintenance of a micro hydropower system is subject to Federal, State, and Local laws and regulations. The agencies responsible for administering these regulations are important partners throughout the feasibility testing, installation, and operation of a micro hydro system. In this section, get to know the different levels of regulation, as well as how and when to interact with each agency.
Federal, State, & Local Regulations
Federal and State agency regulations will apply to every project in New York State. These agencies include the Federal Energy Regulatory Commission (FERC), New York State Department of Environmental Conservation (DEC), and may include other agencies, depending on the specific project.
Local laws and regulations will vary across the State based on where your site is located. Being familiar with local development regulations may affect the design and feasibility of your project.
This is the most up-to-date information regarding micro hydropower policy as of Fall 2017. Be sure to work with your local federal and state agency offices, as well as your local government to make sure you have the most recent information. Check back for updates the Saw Kill project evolves and the regulatory requirements evolve.
An additional resource is the RAPID (Regulatory and Permitting Information Desktop) Toolkit for hydropower in New York State. The RAPID Toolkit provides easy access to federal and state permitting information, best practices, and reference material for renewable energy and bulk transmission project development.
Federal Regulations
Learn more about the Federal Energy Regulatory Commission (FERC) and federal regulations governing hydropower.
State Regulations
Learn more about New York State Department of Environmental Conservation and the state regulations that affect hydropower installation.
Local Regulations
Learn more about your local regulations. Local regulations can have significant impacts on the feasibility and requirements of a micro hydro installation.
Federal Regulatory Process
Understand the Federal permitting process and how to start your application with the Federal Energy Regulatory Commission.
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State & Local Regulatory Process
When a notice of non-jurisdiction happens, the state and local levels of government become involved in the project. This blog post includes essential information and helpful tips for state and local permitting.
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Policy Incentives & Grid Interconnection
Access resources and explore the policy incentives that exist for micro hydro systems, including how a system can become part of the utility grid.
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The Licensing of Small/Low-Impact Hydropower Projects
If a hydropower project falls under federal jurisdiction, a license for its construction and operation will need to be obtained from the Federal Energy Regulatory Commission (FERC)
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Saw Kill Project: FERC Permitting
The first step in the federal regulatory process is sending a Letter of Intent to the Federal Energy Regulatory Commission (FERC). The response you receive from FERC will determine what next steps are required. If FERC does not have jurisdiction over your project, there is no more FERC compliance required. If FERC does have jurisdiction over your project, you can then submit an Exemption Application.
Follow along with the Saw Kill project.
Saw Kill Project: State and Local Permitting
The State regulatory map includes the New York State Department of Environmental Conservation (DEC), the Office of General Services, and the NYS Parks department. DEC will likely be the agency you work with the most during the permitting process.
Follow along with the Saw Kill Project.
Saw Kill Project: State and Local Permitting
The local regulatory process will depend on your local zoning laws and other local regulations. Meeting with local officials and understanding the requirement early on will ensure that your project receives all the required approvals to move forward.
Follow along with the Saw Kill Project.
Question: What is Dam-Free Micro-Hydropower?
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Question: How do I identify a good site for potential Dam-Free Micro-Hydropower development?
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Question: How does the statewide potential of Dam-Free Micro-Hydropower compare to the otherwise existing hydropower development potential?
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Question: Does Dam-Free Micro-Hydropower have to fulfil the same permitting requirements as conventional hydropower?
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Question: What is the main benefit of Dam-Free Micro-Hydropower?
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Question: As a CDG host, will I need legal representation?
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Question: How much effort is it to manage the CDG?
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Question: What are typical questions from new subscribers?
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- What benefits can I expect from this program?
- Do I need to send you a year’s worth of my electric bills?
- Can I opt out easily?
- Are you an ESCO?
- Am I buying part of the hydro plant by signing up?
- As a subscriber, do I have to maintain anything?
- What happens if I move?
- How much will I save on my electric bill?
- Will I lose money if there is a drought?
- Is there a subscription cost or any other fee?
- How does the billing work?
- What percentage of your production do I get credit for?
- Am I changing utilities?
- Why do I have to pay a second bill? Can’t you just bill me through the utility?
- Can I use automatic payment or a credit card?
Question: How much effort is it to sign a new subscriber?
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Question: How can I estimate the value stack for my project?
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Question: What is the Value Stack?
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Question: How does the pricing and billing work? As a host, how much do I charge CDG subscribers?
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Question: What happens if the kWh generation exceeds the sum of kWh used by all subscribers.
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Question: What happens if the CDG produces more kWh than planned (due to higher flows) and that output exceeds the amount of energy that the subscriber consumes?
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Question: What if a subscriber uses less or more energy than they subscribed to receive?
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Question: What does the bill look like for CDG subscribers?
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Question: Who is responsible for utility grid upgrade costs?
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Question: Will my microhydro system require upgrades to the utility grid?
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Question: Will I need a transformer upgrade?
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Question: Does the utility provide a high level interconnection feasibility overview for a site prior to the submission of an interconnection application?
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Question: What is a demand metered host?
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Question: What is a demand meter?
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Question: What kind of meter do I need at my microhydro site?
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Question: Does my site need to be inspected?
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Question: Will I lose power during a utility outage?
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Question: What sized system should I install?
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Question: How do I apply for interconnection?
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- Complete standard application form (Appendixes B & C)
- New York State Standardized Acknowledgement of Property Owner Consent Form – For Systems above 50 kW up to 5 MW Only (Appendix H)
- For residential systems rated 50 kW and below, a signed copy of the standard contract (Appendix A)
- Letter of authorization, signed by the Customer, to provide for the contractor to act as the customer’s agent, if necessary
- If requesting a new service, a site plan with the proposed interconnection point identified by a Google Earth, Bing Maps, or similar satellite image. For those projects on existing services, account and meter numbers shall be provided
- Description / Narrative of the project and site proposed. If multiple DG systems are being proposed at the same site/location, this information needs to be identified and explained in detail
- DG technology type
- DG fuel source / configuration
- Proposed project size in AC kW
- Project is net metered, remote, or community net metered
- Metering configuration
- Copy of the certificate of compliance referencing UL 1741
- Copy of the manufacturer’s data sheet for the interface equipment
- Copy of the manufacturer’s verification test procedures, if required
- System Diagram – A three-line diagram for designs proposed on three phase systems, including detailed information on the wiring configuration at the PCC and an exact representation of existing utility service. One-line diagram shall be accepted for single phase installations
Question: Why don’t I just do net metering instead of setting up a CDG?
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Question: What is net metering?
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Question: What other costs will be added to the rate by the utility?
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Question: How long does it take to get responses from the utility?
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Question: How quickly can a subscriber join a CDG?
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Question: Can you set up a CDG host, register subscribers and complete the process online?
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Question: What paperwork does the utility require to add customers as CDG subscribers?
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Question: How long does the CDG host application process with the utility take?
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Question: How do I approach interconnection as a part of the process to apply to be a CDG host with my utility?
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Question: How do I find out who my utility is?
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Question: What is the utility’s role in CDG?
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Question: Where can I find more information about CDG?
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Question: Is there a waiting list to become a CDG host?
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Question: What documents do I need to apply to be a CDG host?
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- Copy and proof of acceptance of your registration with the NYS Department of State and a copy of your certificate of assumed name (if applicable);
- Sample sales agreements, including customer disclosure statements, and sample bills for each customer class for each material category of the CDG or On-Site Mass Market products or services that will be offered;
- Copies of information and promotional materials used for mass marketing purposes for each product offering;
- A list of entities, including contractors and sub-contractors, that market on behalf of your company;
- The NYS DPS Office of Consumer Services Service Provider Form [NYS DPS Office of Consumer Services Service Provider Form]
Question: Who can subscribe? What are the requirements for CDG subscribers?
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Question: What happens with the offtaker’s current electricity provider / retailer with a PPA?
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Question: How do I find a PPA-offtaker for my microhydro generation?
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Question: What are some typical causes of system downtime or outages?
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Question: What happens to the PPA if the project goes offline?
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Question: How will a microhydro project which is not eligible for the federal production tax credit attract investors?
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Question: What is the typical return on investment (ROI) time period?
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Question: How is the pricing of the PPA structured? Is it a fixed rate per kWh? Is there an escalator?
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Question: How does the kWh rate for a microhydro PPA in New York compare to existing grid rates?
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Question: Can I profit from a PPA?
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Question: As a site with microhydro potential considering a PPA, what costs will I have to outlay initially?
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Question: What are the soft costs from permitting, real estate, legal and underwriting?
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Question: What if I want to sell my property / move?
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Question: Who owns and profits from the RECs in a PPA model?
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Question: Do you get to use rebates and tax credits with a lease?
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Question: What is a payment escalator?
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Question: What happens to my lease if I sell my property?
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Question: Do I need to own my home to qualify for a microhydro lease?
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Question: Can you terminate the lease and require the hydro company to remove the system?
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Question: What happens at the end of a lease term?
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Question: Who repairs and maintains the system if I lease it?
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Question: Who handles the environmental assessment, the permitting and coordination with local, state and federal agencies?
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Question: How does leasing work?
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Question: Under what circumstances does a loan make sense?
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- You are comfortable owning and maintaining the system yourself or hiring a company to deal with maintenance but still being the ultimate responsible party for the microhydro plant.
- If federal tax credits are available, your tax bill is larger than the tax credits you will get from the system.
- You are comfortable taking out a loan and have a good credit rating.
Question: What questions should I ask if I am considering owning?
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- Do you want the responsibility to own or do you prefer that someone else deal with the responsibilities?
- Do you have the cash to pay the up-front costs?
- Are you able to benefit from tax credits, if applicable?
- Are you willing to spend cash reserves or take out a loan? Is your credit strong enough to get a loan?
Question: Should I buy or lease my system?
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Question: Do I need to interconnect with the electricity grid?
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Question: How much power do I need to fully offset the use in my home?
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Question: How much electricity do I need to fully offset the consumption in my home?
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- the size of your home,
- quality of building envelope,
- the number of inhabitants and their use patterns,
- the degree of electrification of your home (electric heating, electric cooking, electric warm water), and
- the energy efficiency (also age) of your appliances and devices.