This bill has been amended

Bill S785-2009

Establishes the New York state task force on wind generating facilities siting and permitting policies

Establishes the New York state task force on wind generating facilities siting and permitting policies to study the need to implement a uniform statewide policy regarding the siting and permitting of wind energy production facilities.

Details

Actions

  • Jan 6, 2010: REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • Jan 15, 2009: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Memo

 BILL NUMBER:  S785

TITLE OF BILL : An act in relation to establishing the New York state task force on wind generating facilities siting and permitting policies

PURPOSE : Establishes the New York state task force on wind generating facilities siting and permitting policies.

SUMMARY OF PROVISIONS : Section 1: An 18 month moratorium on the sitting and permitting of wind energy production facilities is established. Section 2: Establishes the New York State task force on wind generating facilities siting and permitting policy and establishes its role. The task force shall issue a report by December 31, 2010. Section 3: The task force will study the need for a uniform statewide policy regarding the siting and permitting of wind energy facilities. The task force will have 15 members including the commissioners of Agriculture and Markets, Department of Economic Development, Department of Environmental Conservation, Department of Health, chairperson of the Public Service Commission, chairperson New York State Energy Research and Development Authority, or a designee of any such officer. Of the remaining 9 at-large members, 3 will be appointed by the Governor, 2 by the Temporary President of the Senate, 2 by the Speaker of the Assembly and 1 each by the minority leader of the Senate and Assembly according to the parameter set by this section. Section 4: The chairperson of the take force is the chairperson New York State Energy Research and Development Authority. Section 5: Task force members shall serve without actual compensation except the at-large members are allowed their necessary and actual expenses incurred in performance of their duties under this act. Section 6: The task force expires December 31, 2010. Section 7: The New York State Energy Research and Development Authority will provide the task force with such facilities, assistance, and data that will allow the task force to carry out its duty. All other departments, agencies or state subdivisions will provide the task force with such facilities, assistance, and data at the request of the chairperson. Section 8: Effective date.

EXISTING LAW : None.

JUSTIFICATION : Recently there has been renewed interest in wind energy development in New York. Although the recent growth of the wind industry is welcomed by many in New York, local authorities and residents in wind-rich counties are concerned about their ability to address existing or anticipated proposals from wind energy developers interested in installing projects within their jurisdiction. With modem wind turbines standing between 200-400 feet tall, wind energy projects can have a major impact on the surrounding area. These wind energy production facilities have the potential of causing a significant negative impact on the scenic and historic character of our highways and byways. Furthermore, wind energy facilities could have a negative impact upon residential areas and adjacent communities.

Wind energy is an important renewable energy source, however, it is very important to have a comprehensive plan for siting these high-tech wind facilities across New York in order to avoid any negative impacts upon the surrounding areas. This legislation seeks to study the need for a statewide comprehensive plan for siting wind facilities and places an 18 month moratorium on any new construction or issuing of

new permits for the construction of wind energy facilities so the task force can complete its study and make recommendations.

LEGISLATIVE HISTORY : 2007 - 2008 Energy

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 785 2009-2010 Regular Sessions IN SENATE January 15, 2009 ___________
Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT in relation to establishing the New York state task force on wind generating facilities siting and permitting policies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any provision of law to the contrary, there is hereby established a moratorium upon the siting and permitting of wind energy production facilities for a period of 18 months. During the period this section is in effect, no wind energy production facilities shall be constructed or commence operation in any municipality in this state. S 2. The New York state task force on wind generating facilities siting and permitting policy is hereby established. 1. The role of such task force shall include, but not be limited to: (a) analyzing the variety of current local processes for siting wind energy production facilities; (b) considering establishing a standardized formula for the siting of wind energy generating facilities to use the following factors: (i) proximity to residential areas; (ii) availability of natural resources; (iii) economic impact on the local community; (iv) visual, audible and atmospheric impacts; and (v) impact on adjacent communities; (c) investigating the possibility of a uniform permitting procedure for the siting of wind energy generating facilities; (d) studying the feasibility of establishing a statewide list of prop- erties which are appropriate for wind energy generating facilities and the siting of such a facility would have no impact on residential or neighboring communities; and
(e) preparing and submitting a report to the governor and the legisla- ture that provides specific recommendations including, but not limited to, the existing local laws on the siting of wind energy generating facilities; the necessity of a statewide policy on wind energy generat- ing facilities and the possible structure of a statewide policy on wind energy generating facilities. 2. The task force shall issue such report by December 31, 2010. S 3. (a) The New York state task force on wind generating facilities siting and permitting policy shall study the need for a uniform state- wide policy regarding the siting and permitting of wind energy generat- ing facilities. (b) Such task force shall consist of fifteen members including: the commissioners of agriculture and markets, economic development, environ- mental conservation and health, the chairperson of the public service commission and the chairperson of the New York state energy research and development authority, or a designee of any such officers. The remaining nine at-large members shall be appointed as follows: three members shall be appointed by the governor, one of whom shall be an officer, employee or representative of a utility company, one of whom shall be a member, officer or employee of a statewide association representing and advocat- ing for the interests of local governments, one of whom shall be a representative of a public interest group; two members shall be appointed by the temporary president of the senate, one of whom shall be a member, officer or employee of a statewide association representing the interest of farmers; one member shall be appointed by the minority leader of the senate; two members shall be appointed by the speaker of the assembly, one of whom shall be a member, officer or employee of a statewide organization advocating on behalf of the environment; and one member shall be appointed by the minority leader of the assembly. S 4. The chairperson of the New York state energy research and devel- opment authority shall be the chairperson of the task force. S 5. The members of the task force shall serve without actual compen- sation, except the at-large members shall be allowed their necessary and actual expenses incurred in the performance of their duties under this act. S 6. The task force shall expire December 31, 2010. S 7. The New York state energy research and development authority shall provide the task force with such facilities, assistance, and data as will enable the task force to carry out its powers and duties. Addi- tionally, all other departments or agencies of the state or subdivisions thereof shall at the request of the chairperson, provide the task force with such facilities, assistance and data as will enable the task force to carry out its powers and duties. S 8. This act shall take effect immediately.

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