NY State Senate Bill 2011-S1086

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
Jan 04, 2012	referred to energy and telecommunications
Jan 05, 2011	referred to energy and telecommunications

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2011-S1086 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Authorities Law
Laws Affected:: Add §1854-e, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1784
2013-2014: S2848

2011-S1086 (ACTIVE) - Summary

Directs a study of the siting processes for wind energy production facilities and provides for a report with recommendations for an overall sitings plan.

2011-S1086 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1086

TITLE OF BILL:
An act
to amend the public authorities law, in relation to directing the New
York state energy research and development authority to conduct a study
regarding siting processes for wind energy production facilities

PURPOSE:
Directs a study of, and a plan for the siting processes for wind energy
production facilities

SUMMARY OF PROVISIONS:
Section one:

1) amends the Public Authorities Law by adding a new section authorizing
and directing the New York State Energy Research & Development Authority
(NYSERDA) to conduct a comprehensive study of the potential siting
processes required to establish wind energy production facilities in New
York State, including:

* an analysis of the siting processes that should be considered for wind
energy production facilities

* the kinds of environmental impact studies necessary for siting

* the visual, audible or atmospheric impacts of wind energy facilities
that should be considered in the siting process

* the impacts of the capacity of a wind energy facility in the siting
process

* which state and local agencies should be involved in the siting
process

* the information necessary for local agencies charged with making
timely and defensible decisions to guide wind energy development

* the kinds of revenue implications impacting the localities

* the kinds and impact of local community input in the siting process

2) directs the authority to submit a copy of the study to the Governor
and the Legislature one year after the effective date of the law.

3) directs the authority to develop an overall comprehensive wind energy
facilities siting plan, taking into account the results and finding of
the study, including:

* an outline of guidelines and requirements for siting

* the research for potential sites for future facilities

* an identification of existing plants that should be targeted for
efficiency upgrading


* a plan for at least three public hearings to be held in different
regions of the state within 60 days of the publication of the plan

* a provision for adequate written testimonial input regarding the plan

4) directs the authority to submit a copy of the Comprehensive Wind
Energy Production Facilities Plan to the Governor and Legislature no
later than eighteen months after the effective date of the law.

Section two is the enacting clause

EXISTING LAW:
There are currently no specific siting processes established for wind
energy projects in New York State.

JUSTIFICATION:
New York's geographic location and relative proximity to load centers,
combined with its good wind resources, the high costs of electrical
energy in the Northeast, concerns over regional air quality, federal tax
incentives, and legislative mandates in New York and neighboring states
has resulted in 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 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.

The Public Service Commission is embarking on a process to increase to
25% New York's reliance on renewable energy production through a
Renewable Portfolio Standard. Wind energy is expected to play a major
part in this increase in clean, renewable energy technology.

It is very important to have a comprehensive plan for siting these
high-tech wind facilities across New York. Incubation and support of
wind energy can help reduce New York's dependence on fossil fuel burning
electric generators.

LEGISLATIVE HISTORY:
2009-10:  S.1784/A.8619 - Referred to Energy & Telecommunication/Energy
2007-08:  S.3604
2006-07:  S.1356

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The act shall take effect immediately.

2011-S1086 (ACTIVE) - Bill Text download pdf

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

                                  1086

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by Sens. PARKER, DIAZ, DILAN, DUANE, HASSELL-THOMPSON, KRUG-
  ER, MONTGOMERY, SAMPSON, SERRANO -- read twice  and  ordered  printed,
  and  when printed to be committed to the Committee on Energy and Tele-
  communications

AN ACT to amend the public authorities law, in relation to directing the
  New York state energy research and development authority to conduct  a
  study regarding siting processes for wind energy production facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1854-e to read as follows:
  S  1854-E.  WIND ENERGY PRODUCTION FACILITIES SITING. 1. THE AUTHORITY
IS HEREBY AUTHORIZED AND DIRECTED TO CONDUCT A  COMPREHENSIVE  STUDY  OF
THE  POTENTIAL  SITING  PROCESSES  REQUIRED  TO  ESTABLISH  WIND  ENERGY
PRODUCTION FACILITIES. SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) AN ANALYSIS OF THE SITING PROCESSES THAT SHOULD BE CONSIDERED  FOR
WIND ENERGY PRODUCTION FACILITIES;
  (B) THE KINDS OF ENVIRONMENTAL IMPACT STUDIES NECESSARY FOR SITING;
  (C)  THE VISUAL, AUDIBLE OR ATMOSPHERIC IMPACTS OF WIND ENERGY FACILI-
TIES THAT SHOULD BE CONSIDERED IN THE SITING PROCESS;
  (D) THE IMPACT OF THE CAPACITY OF A WIND ENERGY FACILITY IN THE SITING
PROCESS;
  (E) WHICH STATE AND LOCAL AGENCIES SHOULD BE INVOLVED  IN  THE  SITING
PROCESS;
  (F)  THE  INFORMATION NECESSARY FOR LOCAL AGENCIES CHARGED WITH MAKING
TIMELY AND  DEFENSIBLE  DECISIONS  TO  GUIDE  WIND  ENERGY  DEVELOPMENT,
INCLUDING  BUT  NOT  LIMITED  TO, INSTALLATION AND OPERATING PROCEDURES,
DEVELOPMENT OF LOCAL ZONING AND LAND USE REGULATIONS;
  (G) THE  KINDS  OF  REVENUE  IMPLICATIONS  IMPACTING  THE  LOCALITIES,
INCLUDING  BUT  NOT  LIMITED  TO,  PROPERTY  TAXES, NEGOTIATED VOLUNTARY
PAYMENTS IN LIEU OF TAXES, AND LAND LEASES; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02116-01-1

S. 1086                             2

  (H) THE KINDS AND IMPACT OF LOCAL COMMUNITY INPUT IN THE SITING  PROC-
ESS.
  2.  THE  AUTHORITY  SHALL SUBMIT A COPY OF SUCH STUDY TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,  THE
CHAIRPERSON  OF  THE  SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE AND
THE CHAIRPERSON OF THE ASSEMBLY ENERGY COMMITTEE NO LATER THAN ONE  YEAR
AFTER THE EFFECTIVE DATE OF THIS SECTION.
  3.  UPON COMPLETION OF THE STUDY CONDUCTED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, THE AUTHORITY SHALL DEVELOP  AN  OVERALL  COMPREHENSIVE
WIND  ENERGY  FACILITIES  SITING PLAN. SUCH PLAN SHALL TAKE INTO ACCOUNT
THE RESULTS AND FINDINGS OF SUCH STUDY, AND SHALL  INCLUDE  BUT  NOT  BE
LIMITED TO THE FOLLOWING:
  (A)  AN  OUTLINE OF GUIDELINES AND REQUIREMENTS FOR SITING WIND ENERGY
PRODUCTION FACILITIES;
  (B) THE RESEARCH FOR POTENTIAL SITES FOR FUTURE FACILITIES;
  (C) AN IDENTIFICATION OF EXISTING PLANTS THAT SHOULD BE  TARGETED  FOR
EFFICIENCY UPGRADING; AND
  (D)  A PLAN FOR AT LEAST THREE PUBLIC HEARINGS TO BE HELD IN DIFFERENT
REGIONS OF THE STATE WITHIN SIXTY DAYS OF THE PUBLICATION OF SUCH  PLAN,
AND  A  PROVISION  FOR ADEQUATE WRITTEN TESTIMONIAL INPUT REGARDING SUCH
PLAN.
  4. THE AUTHORITY SHALL SUBMIT A COPY OF SUCH  WIND  ENERGY  PRODUCTION
FACILITIES  PLAN TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, THE CHAIRPERSON OF THE  SENATE  ENERGY  AND
TELECOMMUNICATIONS  COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY ENERGY
COMMITTEE NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION.
  S 2. This act shall take effect immediately.

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Senate Bill S1086

Sponsored By

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

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co-Sponsors

2011-S1086 (ACTIVE) - Details

2011-S1086 (ACTIVE) - Summary

2011-S1086 (ACTIVE) - Sponsor Memo

2011-S1086 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

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

Actions

co-Sponsors

2011-S1086 (ACTIVE) - Details

2011-S1086 (ACTIVE) - Summary

2011-S1086 (ACTIVE) - Sponsor Memo

2011-S1086 (ACTIVE) - Bill Text download pdf

Comments