senate Bill S849

2013-2014 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 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S849 - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 48 ยง48-0101, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2435
2009-2010: S7923

S849 - 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:S849

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:
Section 1: 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.

Section 2: This act shall effect immediately.

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:
2011-12: S.2435 - Died in Environmental Conservation
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
________________________________________________________________________

                                   849

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02879-01-3

S. 849                              2

SHALL  BE  TERMINATED FROM THE BOARD AND A NEW MEMBER SHALL BE APPOINTED
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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