Senate Bill S9344

                                 
BILL NUMBER: S9344

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the public service law, in relation to prohibiting the
issuing of major renewable energy and major electric transmission facil-
ity siting permits in designated grassland bird conservation centers

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill prohibits the siting of solar farms and other renewable energy
facilities in DEC-designated grassland bird conservation centers.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 6 to Public Service Law § 138 to
prohibit the siting of major renewable energy facilities in DEC-desig-
nated grassland bird conservation centers.

Section 2 adds a new subdivision 7 to Public Service Law § 139 to
prohibit the siting of major electric transmission facilities in DEC-de-
              

signated grassland bird conservation centers.

Section 3 provides an effective date.

 
JUSTIFICATION:

Grasslands are among the most endangered habitats in the country, disap-
pearing quickly to development and sprawl. Many birds and other species
of plants and animals that depend on grasslands for survival are endan-
gered, threatened or at risk of extinction or extirpation. Recognizing
the threat to grasslands, DEC has designated eight grassland tracts with
ecologically significant bird populations as "grassland bird conserva-
tion centers" around the state. Three of these centers are in Jefferson
County, and there is one center each in Washington, St. Lawrence and
Ulster counties, as well as two multi-county centers; the Oak Orchard-
Iroquois center in Niagara, Orleans and Genesee counties and the Finger
Lakes National Forest center in Seneca and Schuyler counties. These
centers are critical grassland bird habitat, housing some of our most
vulnerable bird species; short-eared owls, northern harriers, American
Kestrels, eastern meadowlarks, grasshopper sparrows, sedge wrens, upland
sandpipers, snowy owls, snow buntings and horned larks as well as more
common raptors like bald eagles and red-tailed. hawks. When the grass-
lands disappear, the birds go with them.

Solar farms are often sited in grasslands. Grasslands are open and easy
to develop, making them attractive to solar providers, with few trees to
be cut down and no other major geographic or human-built obstacles.
Boralex, a global energy company headquartered in Quebec, is currently
seeking permission to site a 527-acre solar farm in the middle of the
Washington County Grassland Bird Conservation Center in Fort Edward, New
York. Despite broad public condemnation of the project, ORES seems to be
ready to grant the company permission to build its massive solar farm in
this fragile ecosystem that should be protected by the state, requiring
only 0.2 acres of mitigation for every acre of bird breeding habitat or
bird overwintering habitat taken by Boralex.


This should not be happening. While no one disputes the importance of
strengthening our state's renewable energy system, under no circum-
stances should the growth of renewable energy outweigh the need to
protect and preserve our unique and rich natural environment. New York
is a large state; no solar project need ever be installed in an environ-
mentally sensitive bird conservation area.

This bill would prohibit the siting of solar. wind farms or other renew-
able energy facilities in DEC-designated bird conservation centers.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.