Senate Bill S2238

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2238
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 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.
 § 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.
              

                                                            LBD06578-01-7

 S. 2238                             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.
   § 2. This act shall take effect immediately.