Senate Bill S785

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2010	print number 785a
Feb 08, 2010	amend and recommit to energy and telecommunications
Jan 06, 2010	referred to energy and telecommunications
Jan 15, 2009	referred to energy and telecommunications

Bill Amendments

Original

A (Active)

2009-S785 - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities

2009-S785 - Summary

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.

2009-S785 - Sponsor 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.

2009-S785 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   785

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03471-01-9

S. 785                              2

  (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.

2009-S785A (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities

2009-S785A (ACTIVE) - Summary

2009-S785A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S785A        REVISED 03/02/10

 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: 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 2: 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 3: The chairperson of the take force is the chairperson New
York State Energy Research and Development Authority.  Section 4: 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 5: The
task force expires December 31, 2010. Section 6: 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 7:
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.

 LEGISLATIVE HISTORY :
2007 - 2008 Energy

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S785A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 785--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            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  --  recommitted  to  the Committee on Energy and Telecommuni-
  cations in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03471-02-0

S. 785--A                           2

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  2.  (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  3. The chairperson of the New York state energy research and devel-
opment authority shall be the chairperson of the task force.
  S 4. 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 5. The task force shall expire December 31, 2010.
  S 6. 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 7. This act shall take effect immediately.

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Senate Bill S785

Sponsored By

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

Bill Amendments

2009-S785 - Details

2009-S785 - Summary

2009-S785 - Sponsor Memo

2009-S785 - Bill Text download pdf

2009-S785A (ACTIVE) - Details

2009-S785A (ACTIVE) - Summary

2009-S785A (ACTIVE) - Sponsor Memo

2009-S785A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S785

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Sponsored By

James S. Alesi

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Actions

Bill Amendments

2009-S785 - Details

2009-S785 - Summary

2009-S785 - Sponsor Memo

2009-S785 - Bill Text download pdf

2009-S785A (ACTIVE) - Details

2009-S785A (ACTIVE) - Summary

2009-S785A (ACTIVE) - Sponsor Memo

2009-S785A (ACTIVE) - Bill Text download pdf

Comments