senate Bill S2435

2011-2012 Legislative Session

Establishes a wind siting designation board

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 21, 2011 referred to environmental conservation

S2435 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 48 ยง48-0101, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S7923

S2435 - Bill Texts

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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.

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BILL NUMBER:S2435

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.

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

                                  2435

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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 APPOINTED

 EXPLANATION--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.

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