S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9053--A
 
                           I N  A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 Introduced  by M. of A. JENNE, BLAKE, ORTIZ, WILLIAMS, HUNTER, PELLEGRI-
   NO, WALLACE, ENGLEBRIGHT, SIMOTAS, CRESPO -- read once and referred to
   the Committee on Energy -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to restrict the location  of  certain  wind  electric  generation
   facilities  around  Fort  Drum;  and  providing for the repeal of such
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent. The legislature hereby finds that Fort
 Drum is a premiere training  installation,  unlike  any  other  military
 installation  in  New York State or anywhere east of the Mississippi. It
 is the only instrumented joint air to ground range north of  Florida  in
 the  eastern  United States able to execute live bomb training, and only
 one of two Army installations capable of cold weather,  winter  training
 in  the country. The singular weather and unique terrain makes Fort Drum
 a peerless training installation.
   Furthermore, the legislature finds that  the  moving  blades  of  wind
 turbines  already  operating within the immediate proximity of Fort Drum
 have created interference with air traffic control and  Doppler  weather
 radars. Currently, existing turbines have created a 41 square mile blind
 spot  in the 60 mile view shed of Forth Drum's air traffic control radar
 and corrupted the data of a significant portion of the  Doppler  weather
 radar  view  shed. Therefore, the impact of any additional wind projects
 in close proximity to Fort Drum would  significantly  degrade  the  data
 from  such  radars.  Due to the unique nature of the terrain around Fort
 Drum and the extensive interference with  the  radars'  view  sheds  and
 because  the  impacts  on  radar  are  increased with height, number and
 density of turbines, a specific state-imposed remedy for these  problems
 is  needed.  Accordingly,  this act would eliminate any state incentives
 for the development of wind turbines within the area that  could  inter-
 fere with Fort Drum's radar systems while maintaining the incentives for
 the  development of wind generated energy outside of the Fort Drum radar
 area.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD13862-08-8

 A. 9053--A                          2
 
   § 2. Definitions. 1. For the purposes of  this  act,  the  "Fort  Drum
 radar zone" shall be the area within:
   (a) ten miles of the Wheeler-Sack Army airfield;
   (b)  fifteen  miles  of the Montague Doppler Weather Radar KTYX in the
 town of Lowville in Lewis county, excluding  area  within  such  fifteen
 mile  radius  east  of a line traveling due north and due south from the
 intersection of county road twenty-seven and county road twenty-eight in
 the town of Lowville in Lewis county;
   (c) five miles of the  boundary  of  the  Wheeler-Sack  Army  airfield
 restricted  airspace  located  within  St. Lawrence, Jefferson and Lewis
 counties;
   (d) five miles of the boundary of the Wheeler-Sack Army airfield class
 D controlled airspace except where such area is within Lewis county;
   (e) the Wheeler-Sack Army airfield class D controlled airspace; or
   (f) the enclosed area beginning at the point where United States route
 eleven intersects New York route twenty-six; thence north  along  United
 States  route eleven to New York route fifty-six; thence south along New
 York route fifty-six to the border of the Adirondack state park;  thence
 west  along  the border of the Adirondack state park to a point directly
 due east of the intersection of United States route eleven and New  York
 route  twenty-six;  thence  due west until the point where United States
 route eleven intersects New York route twenty-six.
   2. For the purposes of this act, "state agency" shall mean any  board,
 authority,   agency,  department,  commission,  public  corporation,  or
 instrumentality of the state.
   § 3. Funding to wind electric generation facilities. No  state  agency
 shall  provide or distribute funding to wind electric generation facili-
 ties that come into operation after July 1, 2018 and are located  within
 the Fort Drum radar zone.
   §  4. Incentives and payments for wind electric generation facilities.
 Wind electric generation facilities that come into operation after  July
 1,  2018  and that are located within the Fort Drum radar zone shall not
 be deemed eligible  facilities  for  the  redemption  of  incentives  or
 payments from a state agency program.
   §  5.  This act shall take effect immediately; provided, however, that
 this act shall be deemed repealed fifteen  years  after  it  shall  have
 become a law.