S T A T E O F N E W Y O R K
________________________________________________________________________
2273--B
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. NORRIS, HAWLEY, MORINELLO, BYRNES -- Multi-Spon-
sored by -- M. of A. SAYEGH -- read once and referred to the Commit-
tee on Energy -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to the encroachment or
adverse effect upon military operations by tall energy structures,
major renewable energy facilities or wind energy facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 720 to
read as follows:
§ 720. ENCROACHMENT OR ADVERSE EFFECT UPON MILITARY OPERATIONS BY TALL
ENERGY STRUCTURES, MAJOR RENEWABLE ENERGY FACILITIES OR WIND ENERGY
FACILITIES. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "TALL ENERGY STRUCTURE" SHALL MEAN ANY STRUCTURE THAT HAS AS ITS
PRIMARY USE THE GENERATION OR TRANSMISSION OF ENERGY AND WHICH IS TWO
HUNDRED OR MORE FEET IN HEIGHT.
(B) "MAJOR RENEWABLE ENERGY FACILITY" SHALL MEAN ANY FACILITY AS
DEFINED UNDER PARAGRAPH (H) OF SUBDIVISION TWO OF SECTION NINETY-FOUR-C
OF THIS CHAPTER.
2. THE CONSTRUCTION OR OPERATION OF ANY TALL ENERGY STRUCTURE, MAJOR
RENEWABLE ENERGY FACILITY OR WIND ENERGY FACILITY IN THIS STATE SHALL
NOT ENCROACH UPON OR OTHERWISE HAVE AN ADVERSE IMPACT ON MILITARY OPER-
ATIONS AND READINESS OF ANY MILITARY INSTALLATION OR BRANCH OF THE MILI-
TARY.
3. A LOCAL GOVERNMENT OR THE NEW YORK STATE BOARD ON ELECTRIC GENER-
ATION SITING AND THE ENVIRONMENT (HEREINAFTER, "THE BOARD"), PRIOR TO
APPROVING AN APPLICATION FOR THE CONSTRUCTION OF A TALL ENERGY STRUCTURE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00601-11-3
A. 2273--B 2
SHALL REQUIRE THE APPLICANT TO PROVIDE THE LOCAL GOVERNMENT OR THE BOARD
WITH THE FOLLOWING:
(A) A WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION ISSUED BY
THE FEDERAL AVIATION ADMINISTRATION PURSUANT TO 14 C.F.R. PART 77,
SUBPART D; AND
(B) IN COORDINATION WITH ANY AFFECTED MILITARY INSTALLATION AND THE
STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, A WRITTEN
DETERMINATION RESOLVING ANY ADVERSE IMPACT TO MILITARY OPERATIONS IDEN-
TIFIED DURING THE AERONAUTICS STUDY CONDUCTED PURSUANT TO 14 C.F.R.
PART 77, SUBPART D.
A PROPOSED TALL ENERGY STRUCTURE SHALL BE SUBJECT TO THE PROVISIONS OF
SUBDIVISION TWO OF THIS SECTION EVEN IF THE LOCAL GOVERNMENT OR THE
BOARD EITHER DOES NOT REQUIRE AN APPLICATION PRIOR TO THE CONSTRUCTION
OF A TALL ENERGY STRUCTURE OR DOES NOT REQUIRE THE APPLICATION OUTLINED
IN THIS SUBDIVISION.
4. THE BOARD, PRIOR TO APPROVING AN APPLICATION FOR THE CONSTRUCTION
OF A MAJOR RENEWABLE ENERGY FACILITY SHALL REQUIRE THE APPLICANT TO FILE
AN APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION UNDER 49 U.S.C.
§ 44718, AND PROVIDE THE BOARD WITH THE FOLLOWING:
(A) A WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION ISSUED BY
THE FEDERAL AVIATION ADMINISTRATION PURSUANT TO 14 C.F.R. PART 77,
SUBPART D; AND
(B) IN COORDINATION WITH ANY AFFECTED MILITARY INSTALLATION AND THE
STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, A WRITTEN
DETERMINATION RESOLVING ANY ADVERSE IMPACT TO MILITARY OPERATIONS IDEN-
TIFIED DURING THE AERONAUTICS STUDY CONDUCTED PURSUANT TO 14 C.F.R.
PART 77, SUBPART D.
THE MAJOR RENEWABLE ENERGY FACILITY SHALL BE SUBJECT TO THE PROVISIONS
OF SUBDIVISION TWO OF THIS SECTION EVEN IF THE BOARD EITHER DOES NOT
REQUIRE AN APPLICATION PRIOR TO THE CONSTRUCTION OF THE MAJOR RENEWABLE
ENERGY FACILITY OR DOES NOT REQUIRE THE APPLICATION OUTLINED IN THIS
SUBDIVISION.
5. PRIOR TO ANY PLANNED CONSTRUCTION OF A WIND ENERGY FACILITY, AN
APPLICANT SHALL PROVIDE THE LOCAL GOVERNMENT OR THE BOARD CONSIDERING AN
APPLICATION WITH A MAP SHOWING THE SPECIFIC LOCATION AND TOWER HUB
HEIGHT, WITH ROTOR DIAMETER, FOR EACH PROPOSED WIND TURBINE.
6. A LOCAL GOVERNMENT OR THE BOARD MAY NOT APPROVE AN APPLICATION FOR
THE CONSTRUCTION OF A WIND ENERGY FACILITY UNLESS THE APPLICANT PROVIDES
THE FOLLOWING DOCUMENTATION:
(A) A COMPLETED DEPARTMENT OF DEFENSE SITING CLEARINGHOUSE FORMAL
REVIEW; AND
(B) A WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION ISSUED BY
THE FEDERAL AVIATION ADMINISTRATION PURSUANT TO 14 C.F.R. PART 77,
SUBPART D.
7. NOTWITHSTANDING SUBDIVISION SIX OF THIS SECTION, A LOCAL GOVERNMENT
OR THE BOARD MAY APPROVE AN APPLICATION FOR THE CONSTRUCTION OF A WIND
ENERGY FACILITY CONDITIONED UPON THE APPLICANT PROVIDING THE DOCUMENTA-
TION SET OUT IN SUBDIVISION SIX OF THIS SECTION.
8. IF ANY DISPUTE ARISES BETWEEN A LOCAL GOVERNMENT OR THE BOARD AND
AN APPLICANT OR MILITARY INSTALLATION RELATING TO THE APPROVAL OF ANY
TALL ENERGY STRUCTURE, MAJOR RENEWABLE ENERGY FACILITY OR WIND ENERGY
FACILITY, THE LOCAL GOVERNMENT OR THE BOARD SHALL PROVIDE NOTICE TO THE
GOVERNOR OR THE GOVERNOR'S DESIGNEE TO FACILITATE RESOLUTION OF THE
DISPUTE.
9. A LOCAL GOVERNMENT OR THE BOARD SHALL NOT REQUIRE ANY OTHER FORMAL
WRITTEN APPROVAL FROM A MILITARY INSTALLATION TO APPROVE AN APPLICATION
A. 2273--B 3
FOR THE CONSTRUCTION OF A TALL ENERGY STRUCTURE, A MAJOR RENEWABLE ENER-
GY FACILITY OR A WIND ENERGY FACILITY.
§ 2. This act shall take effect immediately.