Common use of Consultation with New York State Agencies Clause in Contracts

Consultation with New York State Agencies. Seller shall consult with the Consulting State Agencies at the request of such agencies regarding the planning and development of the Selected Project, and will make best efforts to respond to feedback timely provided by the Consulting State Agencies. Concurrent with its initial submission of the COP for the Selected Project to BOEM, including a draft COP, Seller shall share such COP with NYSERDA for distribution to any Consulting State Agency that may request a copy of same. NYSERDA acknowledges that, after submission of the COP, the review process organized under the NEPA will present a forum for some New York State Agencies to participate in the analysis of the Selected Project’s environmental impacts, including as cooperating agencies in the scoping, data collection, and alternatives-evaluation aspects of the NEPA process. Accordingly, NYSERDA will rely on the NEPA review process to create opportunities for the Consulting State Agencies to engage with and analyze the COP for the Selected Project to the greatest extent practicable. Nevertheless, without compromising the centrality of the NEPA review process with respect to the COP, Seller agrees to meet with Consulting State Agencies, at their reasonable request, during the development, construction, and operational phases of the Selected Project. At a minimum, Seller shall consult with the following agencies relating to agency goals and responsibilities on the following topics: DOS with respect to the Selected Project’s consistency with the policies set forth in New York State’s Coastal Management Program: NYSDEC with respect to assessment and mitigation of potential environmental impacts, including but not limited to, water quality, air quality, benthic communities, fish, fisheries and wildlife impacts of the Selected Project; OPRHP with respect to the assessment and mitigation of effects on sites of historic or archeological significance; NYDPS with respect to the Selected Project’s electrical interconnection and any applicable regulatory requirements under the Public Service Law; OGS with respect to the Selected Project’s electrical interconnection involving State land; NYSERDA as a point of contact with respect to the Selected Project’s general consistency with the New York State Offshore Wind Master Plan and stakeholder feedback; and NYSERDA with respect to identifying and delivering benefits to Disadvantaged Communities. More specifically, the required consultation will consist of the following steps: NYSDEC with respect to assessment and mitigation of potential environmental impacts, including but not limited to, water quality, air quality, benthic communities, fish, fisheries and wildlife impacts of the Selected Project; At the time it submits a proposed Site Assessment Plan (SAP) to BOEM, Seller shall also submit the proposed SAP to DOS, DEC, OPRHP, NYDPS, OGS, NYSERDA, and any other Consulting State Agency, so that each such Consulting State Agency may provide input on the SAP concurrently with BOEM’s review. Each Consulting State Agency will provide to Seller the agency’s initial comments on the proposed SAP – either jointly or individually – within sixty (60) calendar days of receipt. Seller then must meet or engage with each Consulting State Agency that requests a meeting at reasonable times and intervals in an effort to attempt to resolve any issues. At the xxxx Xxxxxx submits a proposed COP to BOEM, Seller shall submit the proposed COP to the Consulting State Agencies, so that each Consulting State Agency may provide input on the SAP concurrently with BOEM’s review. Each Consulting State Agency will provide to the Seller that agency’s initial comments on the proposed COP – jointly or individually – within sixty (60) days of receipt. Seller then must meet or engage with those Consulting State Agencies that request such a meeting, at reasonable times and intervals in order to attempt to resolve any issues. The requirements and processes set forth in paragraphs (i) and (ii) above will apply to any component, or resubmittal of a SAP or a COP, respectively, that Seller submits to BOEM, including, but not limited to, any required surveys or documentation required under NEPA. Thus, Seller will submit all SAP and COP components and revisions to the Consulting State Agencies concurrent with submission to BOEM. The consultation requirements set forth above in this Section 12.03 do not obviate or replace the federal Coastal Zone Management Act regulatory requirement in 15 CFR Part 930 and in the event of conflicting timeframes, the federal regulations will prevail. Seller will provide NYSERDA updates on these consultations in the quarterly progress reports required by Section 6.02.

Consultation with New York State Agencies. (a) Seller shall consult with the Consulting State Agencies at the request of such agencies regarding the planning and development of the Selected Project, and will make best efforts to respond to feedback timely provided by the Consulting State Agencies. Concurrent with its initial submission of the COP for the Selected Project to BOEM, including a draft COP, Seller shall share such COP with NYSERDA for distribution to any Consulting State Agency that may request a copy of same. NYSERDA acknowledges that, after submission of the COP, the review process organized under the NEPA will present a forum for some New York State Agencies to participate in the analysis of the Selected Project’s environmental impacts, including as cooperating agencies in the scoping, data collection, and alternatives-evaluation aspects of the NEPA process. Accordingly, NYSERDA will rely on the NEPA review process to create opportunities for the Consulting State Agencies to engage with and analyze the COP for the Selected Project to the greatest extent practicable. Nevertheless, without compromising the centrality of the NEPA review process with respect to the COP, Seller agrees to meet with Consulting State Agencies, at their reasonable request, during the development, construction, and operational phases of the Selected Project. . (b) At a minimum, Seller shall consult with the following agencies relating to agency goals and responsibilities on the following topics: DOS with respect to the Selected Project’s consistency with the policies set forth in New York State’s Coastal Management Program: : (i) NYSDEC with respect to assessment and mitigation of potential environmental impacts, including but not limited to, water quality, air quality, benthic communities, fish, fisheries and wildlife impacts of the Selected Project; ; (ii) OPRHP with respect to the assessment and mitigation of effects on sites of historic or archeological significance; ; (iii) NYDPS with respect to the Selected Project’s electrical interconnection and any applicable regulatory requirements under the Public Service Law; ; (iv) OGS with respect to the Selected Project’s electrical interconnection involving State land; ; (v) NYSERDA as a point of contact with respect to the Selected Project’s general consistency with the New York State Offshore Wind Master Plan and stakeholder feedback; and and (vi) NYSERDA with respect to identifying and delivering benefits to Disadvantaged Communities. . (c) More specifically, the required consultation will consist of the following steps: : (i) NYSDEC with respect to assessment and mitigation of potential environmental impacts, including but not limited to, water quality, air quality, benthic communities, fish, fisheries and wildlife impacts of the Selected Project; ; (ii) At the time it submits a proposed Site Assessment Plan (SAP) to BOEM, Seller shall also submit the proposed SAP to DOS, DEC, OPRHP, NYDPS, OGS, NYSERDA, and any other Consulting State Agency, so that each such Consulting State Agency may provide input on the SAP concurrently with BOEM’s review. Each Consulting State Agency will provide to Seller the agency’s initial comments on the proposed SAP – either jointly or individually – within sixty (60) calendar days of receipt. Seller then must meet or engage with each Consulting State Agency that requests a meeting at reasonable times and intervals in an effort to attempt to resolve any issues. . (iii) At the xxxx Xxxxxx submits a proposed COP to BOEM, Seller shall submit the proposed COP to the Consulting State Agencies, so that each Consulting State Agency may provide input on the SAP concurrently with BOEM’s review. Each Consulting State Agency will provide to the Seller that agency’s initial comments on the proposed COP – jointly or individually – within sixty (60) days of receipt. Seller then must meet or engage with those Consulting State Agencies that request such a meeting, at reasonable times and intervals in order to attempt to resolve any issues. . (iv) The requirements and processes set forth in paragraphs (i) and (ii) above will apply to any component, or resubmittal of a SAP or a COP, respectively, that Seller submits to BOEM, including, but not limited to, any required surveys or documentation required under NEPA. Thus, Seller will submit all SAP and COP components and revisions to the Consulting State Agencies concurrent with submission to BOEM. . (v) The consultation requirements set forth above in this Section 12.03 do not obviate or replace the federal Coastal Zone Management Act regulatory requirement in 15 CFR Part 930 and in the event of conflicting timeframes, the federal regulations will prevail. . (vi) Seller will provide NYSERDA updates on these consultations in the quarterly progress reports required by Section 6.02.

Consultation with New York State Agencies. The Parties acknowledge and agree that Xxxxxx has complied with Section 12.03 to date and that after the Effective Date, the Seller shall continue to carry out activities described in Section 12.03 to the extent appropriate in light of the circumstances. (a) Seller shall consult with the Consulting State Agencies at the request of such agencies regarding the planning and development of the Selected Project, and will make best efforts to respond to feedback timely provided by the Consulting State Agencies. Concurrent with its initial submission of the COP for the Selected Project to BOEM, including a draft COP, Seller shall share such COP with NYSERDA for distribution to any Consulting State Agency that may request a copy of same. NYSERDA acknowledges that, after submission of the COP, the review process organized under the NEPA will present a forum for some New York State Agencies to participate in the analysis of the Selected Project’s environmental impacts, including as cooperating agencies in the scoping, data collection, and alternatives-evaluation aspects of the NEPA process. Accordingly, NYSERDA will rely on the NEPA review process to create opportunities for the Consulting State Agencies to engage with and analyze the COP for the Selected Project to the greatest extent practicable. Nevertheless, without compromising the centrality of the NEPA review process with respect to the COP, Seller agrees to meet with Consulting State Agencies, at their reasonable request, during the development, construction, and operational phases of the Selected Project. . (b) At a minimum, Seller shall consult with the following agencies relating to agency goals and responsibilities on the following topics: : (i) DOS with respect to the Selected Project’s consistency with the policies set forth in New York State’s Coastal Management Program: ; (ii) NYSDEC with respect to assessment and mitigation of potential environmental impacts, including but not limited to, water quality, air quality, benthic communities, fish, fisheries and wildlife impacts of the Selected Project; ; (iii) OPRHP with respect to the assessment and mitigation of effects on sites of historic or archeological significance; ; (iv) NYDPS with respect to the Selected Project’s electrical interconnection and any applicable regulatory requirements under the Public Service Law; ; (v) OGS with respect to the Selected Project’s electrical interconnection involving State land; ; (vi) NYSERDA as a point of contact with respect to the Selected Project’s general consistency with the New York State Offshore Wind Master Plan and stakeholder feedback; and and (vii) NYSERDA with respect to identifying and delivering benefits to Disadvantaged Communities. . (c) More specifically, the required consultation will consist of the following steps: NYSDEC with respect to assessment and mitigation of potential environmental impacts, including but not limited to, water quality, air quality, benthic communities, fish, fisheries and wildlife impacts of the Selected Project; : (i) At the time it submits a proposed Site Assessment Plan (SAP) to BOEM, Seller shall also submit the proposed SAP to DOS, DECNYSDEC, OPRHP, NYDPS, OGS, NYSERDA, and any other Consulting State Agency, so that each such Consulting State Agency may provide input on the SAP concurrently with BOEM’s review. Each Consulting State Agency will provide to Seller the agency’s initial comments on the proposed SAP – either jointly or individually – within sixty (60) calendar days of receipt. Seller then must meet or engage with each Consulting State Agency that requests a meeting at reasonable times and intervals in an effort to attempt to resolve any issues. . (ii) At the xxxx Xxxxxx submits a proposed COP to BOEM, Seller shall submit the proposed COP to the Consulting State Agencies, so that each Consulting State Agency may provide input on the SAP concurrently with BOEM’s review. Each Consulting State Agency will provide to the Seller that agency’s initial comments on the proposed COP – jointly or individually – within sixty (60) days of receipt. Seller then must meet or engage with those Consulting State Agencies that request such a meeting, at reasonable times and intervals in order to attempt to resolve any issues. . (iii) The requirements and processes set forth in paragraphs (i) and (ii) above will apply to any component, or resubmittal of a SAP or a COP, respectively, that Seller submits to BOEM, including, but not limited to, any required surveys or documentation required under NEPA. Thus, Seller will submit all SAP and COP components and revisions to the Consulting State Agencies concurrent with submission to BOEM. . (iv) The consultation requirements set forth above in this Section 12.03 do not obviate or replace the federal Coastal Zone Management Act regulatory requirement in 15 CFR Part 930 and in the event of conflicting timeframes, the federal regulations will prevail. . (v) Seller will provide NYSERDA updates on these consultations in the quarterly progress reports required by Section 6.02.