TITLE....Establishes the New York state task force on wind generating facilities siting and permitting policies
04/19/07 REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/09/08 REFERRED TO ENERGY AND TELECOMMUNICATIONS
SUMMARY:
ALESI, FLANAGAN, MORAHAN, PADAVAN, RATH, SEWARD, YOUNG
Establishes the New York state task force on wind generating facilities siting and permitting policies to study the need to implement a uniform statewide policy regarding the siting and permitting of wind energy production facilities; further establishes an 18 month moratorium upon the siting and permitting of wind energy production facilities; repeals such provisions effective December 31, 2008.
BILL TEXT:
STATE OF NEW YORK
_______________________________________
4608
2007-2008 Regular Sessions
IN SENATE
April 19, 2007
Introduced by Sens. ALESI, FLANAGAN, LEIBELL, MORAHAN, PADAVAN, RATH, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications AN ACT in relation to establishing the New York state task force on wind generating facilities siting and permitting policies The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding any provision of law to the contrary, there is hereby established a moratorium upon the siting and permitting of wind energy production facilities for a period of 18 months. During the period this section is in effect, no wind energy production facilities shall be constructed or commence operation in any municipality in this state.
§ 2. The New York state task force on wind generating facilities siting and permitting policy is hereby established. 1. The role of such task force shall include, but not be limited to:
(a) analyzing the variety of current local processes for siting wind energy production facilities;
(b) considering establishing a standardized formula for the siting of wind energy generating facilities to use the following factors:
(i) proximity to residential areas;
(ii) availability of natural resources;
(iii) economic impact on the local community;
(iv) visual, audible and atmospheric impacts; and
(v) impact on adjacent communities;
(c) investigating the possibility of a uniform permitting procedure for the siting of wind energy generating facilities;
(d) studying the feasibility of establishing a statewide list of properties which are appropriate for wind energy generating facilities and the siting of such a facility would have no impact on residential or neighboring communities; and
(e) preparing and submitting a report to the governor and the legislature that provides specific recommendations including, but not limited to, the existing local laws on the siting of wind energy generating facilities; the necessity of a statewide policy on wind energy generating facilities and the possible structure of a statewide policy on wind energy generating facilities.
2. The task force shall issue such report by December 31, 2008.
§ 3. (a) The New York state task force on wind generating facilities siting and permitting policy shall study the need for a uniform state-wide policy regarding the siting and permitting of wind energy generating facilities.
(b) Such task force shall consist of fifteen members including: the commissioners of agriculture and markets, department of economic development, department of environmental conservation, department of health, chairperson of the public service commission, chairperson of the New York state energy research and development authority, or a designee of any such officers. The remaining nine at-large members shall be appointed as follows: three members shall be appointed by the governor, one of whom shall be an officer, employee or representative of a utility company, one of whom shall be a member, officer or employee of a state-wide association representing and advocating for the interests of local governments, one of whom shall be a representative of a public interest group; two members shall be appointed by the temporary president of the senate, one of whom shall be a member, officer or employee of a state-wide association representing the interest of farmers; one member shall be appointed by the minority leader of the senate; two members shall be appointed by the speaker of the assembly, one of whom shall be a member, officer or employee of a statewide organization advocating on behalf of the environment; and one member shall be appointed by the minority leader of the assembly.
§ 4. The chairperson of the New York state energy research and development authority shall be the chairperson of the task force.
§ 5. The members of the task force shall serve without actual compensation, except the at-large members shall be allowed their necessary and actual expenses incurred in the performance of their duties under this act.
§ 6. The task force shall expire December 31, 2008.
§ 7. The New York state energy research and development authority shall provide the task force with such facilities, assistance, and data as will enable the task force to carry out its powers and duties. Additionally, all other departments or agencies of the state or subdivisions thereof shall at the request of the chairperson, provide the task force with such facilities, assistance and data as will enable the task force to carry out its powers and duties.
§ 8. This act shall take effect immediately.
SPONSORS MEMO:
NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. Sec 1