Establishes a wind siting designation board consisting of the department of environmental conservation's nine regional planning bodies each of which will consider applications on an individual basis and may consider designating areas within a region where it shall be impermissible to site a wind farm; outlines the nine regions.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to establishing a wind siting designation board
PURPOSE: To establish a uniform method to site and designate areas where windmills are permitted in New York State.
SUMMARY OF PROVISIONS: Amends the Environmental Conservation law, creating Article 48, Wind Siting. 1. Establishes a wind siting designation board. 2. Outlines the duties of the wind siting designation board. 3. Establishes nine regional planning bodies and follows those designated under the NYS Department of Environmental Conservation. 4. Outlines the nine regional planning bodies.
EXISTING LAW: None.
JUSTIFICATION: New York State has been experiencing an influx of interest in siting wind mills and wind farms. This legislation seeks to incorporate a uniform system for siting windmills. In order to establish a system where piecemeal siting of windmills may benefit one county, yet cause stress to a neighboring one, it is necessary to have regional boards to weigh the pros and cons of wind siting applications.
LEGISLATIVE HISTORY: 2010 - S.7923 Referred to Environmental Conservation
FISCAL IMPLICATIONS: Minimal resources to establish and maintain each regional board.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 2435 2011-2012 Regular Sessions IN SENATE January 21, 2011 ___________Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to establishing a wind siting designation board THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The environmental conservation law is amended by adding a new article 48 to read as follows: ARTICLE 48 WIND SITING SECTION 48-0101. WIND SITING. S 48-0101. WIND SITING. 1. THE WIND SITING DESIGNATION BOARD IS HEREBY CREATED, AND SHALL CONSIST OF NINE REGIONAL PLANNING BODIES EACH OF WHICH SHALL BE LOCATED WITHIN ONE OF THE DEPARTMENT'S NINE REGIONS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION. EACH REGIONAL PLANNING BODY OF THE WIND SITING DESIG- NATION BOARD SHALL CONSIST OF THE REGIONAL DIRECTOR OF EACH DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGION WITHIN SUCH REGIONAL PLANNING BODY; ONE MEMBER WHO SHALL BE DESIGNATED BY THE CHAIRMAN OF THE NEW YORK POWER AUTHORITY AND WHO SHALL RESIDE WITHIN THE REGIONAL PLANNING BODY TO WHICH SUCH PERSON IS APPOINTED; ONE MEMBER WHO SHALL BE DESIGNATED BY THE CHAIRMAN OF THE EMPIRE STATE DEVELOPMENT CORPORATION WHO SHALL RESIDE WITHIN THE REGION THE REGIONAL PLANNING BODY REPRESENTS; AND THREE MEMBERS FROM A LOCAL GOVERNMENT ENTITY WITHIN THE REGION THE REGIONAL PLANNING BODY REPRESENTS, PROVIDED, HOWEVER, THAT THE THREE MEMBERS SHALL NOT BE FROM THE SAME ORIGINATING ENTITY AND THAT SUCH MEMBERS SHALL BE APPOINTED IN JOINT AGREEMENT BY THE REGIONAL DIRECTOR. MEMBERS OF THE BOARD SHALL SERVE FOR A TERM OF SIX YEARS; PROVIDED, HOWEVER, THAT IF ANY MEMBER SHALL DISAFFILIATE FROM THE ORIGINATING ENTITY FROM WHICH HE OR SHE WAS APPOINTED TO THE BOARD, THEN SUCH MEMBER SHALL BE TERMINATED FROM THE BOARD AND A NEW MEMBER SHALL BE APPOINTEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08239-01-1 S. 2435 2
FROM THE ORIGINATING ENTITY. EACH MEMBER OF THE BOARD SHALL BE ENTITLED TO DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER PLACE, AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR HER ABSENCE. NOTICE OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO THE BOARD BY THE DESIGNATING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE PLEASURE OF THE DESIGNATING MEMBER. A REPRESENTATIVE SHALL NOT BE AUTHORIZED TO DELEGATE ANY OF HIS OR HER DUTIES OR FUNCTIONS TO ANY OTHER PERSON. 2. THE WIND SITING DESIGNATION BOARD SHALL RECEIVE AND CONSIDER ALL APPLICATIONS TO SITE ANY WINDMILL OR WINDMILLS, ON AN INDIVIDUAL BASIS TO APPROVE OR DISAPPROVE AN INDIVIDUAL APPLICATION FOR WIND SITING. 3. THE WIND SITING DESIGNATION BOARD MAY CONSIDER DESIGNATING AREAS WITHIN A REGION WHERE IT SHALL BE IMPERMISSIBLE TO SITE A WIND FARM. 4. THE NINE REGIONAL PLANNING BODIES SHALL BE AS FOLLOWS: (A) REGION ONE SHALL CONSIST OF NASSAU AND SUFFOLK COUNTIES; (B) REGION TWO SHALL CONSIST OF BROOKLYN, BRONX, MANHATTAN, QUEENS AND STATEN ISLAND; (C) REGION THREE SHALL CONSIST OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND, SULLIVAN, ULSTER AND WESTCHESTER COUNTIES; (D) REGION FOUR SHALL CONSIST OF ALBANY, COLUMBIA, DELAWARE, GREENE, MONTGOMERY, OTSEGO, RENSSELAER, SCHENECTADY AND SCHOHARIE COUNTIES; (E) REGION FIVE SHALL CONSIST OF CLINTON, ESSEX, FRANKLIN, FULTON, HAMILTON, SARATOGA, WARREN AND WASHINGTON COUNTIES; (F) REGION SIX SHALL CONSIST OF HERKIMER, JEFFERSON, LEWIS, ONEIDA AND ST. LAWRENCE COUNTIES; (G) REGION SEVEN SHALL CONSIST OF BROOME, CAYUGA, CHENANGO, CORTLAND, MADISON, ONONDAGA, OSWEGO, TIOGA AND TOMPKINS COUNTIES; (H) REGION EIGHT SHALL CONSIST OF CHEMUNG, GENESEE, LIVINGSTON, MONROE, ONTARIO, ORLEANS, SCHUYLER, SENECA, STEUBEN, WAYNE AND YATES COUNTIES; AND (I) REGION NINE SHALL CONSIST OF ALLEGANY, CHAUTAUQUA, CATTARAUGUS, ERIE, NIAGARA AND WYOMING COUNTIES. S 2. This act shall take effect immediately.