Bill Text: NY A08619 | 2009-2010 | General Assembly | Introduced

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Bill Title: Directs a study of the siting processes for wind energy production facilities and provides for a report with recommendations for an overall sitings plan.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to energy [A08619 Detail]

Download: New_York-2009-A08619-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8619
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 29, 2009
                                      ___________
       Introduced by M. of A. ALESSI -- read once and referred to the Committee
         on Energy
       AN ACT to amend the public authorities law, in relation to directing the
         New  York state energy research and development authority to conduct a
         study regarding siting processes for wind energy production facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public  authorities  law  is amended by adding a new
    2  section 1854-e to read as follows:
    3    S 1854-E. WIND ENERGY PRODUCTION FACILITIES SITING. 1.  THE  AUTHORITY
    4  IS  HEREBY  AUTHORIZED  AND DIRECTED TO CONDUCT A COMPREHENSIVE STUDY OF
    5  THE  POTENTIAL  SITING  PROCESSES  REQUIRED  TO  ESTABLISH  WIND  ENERGY
    6  PRODUCTION FACILITIES. SUCH STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO:
    7    (A)  AN ANALYSIS OF THE SITING PROCESSES THAT SHOULD BE CONSIDERED FOR
    8  WIND ENERGY PRODUCTION FACILITIES;
    9    (B) THE KINDS OF ENVIRONMENTAL IMPACT STUDIES NECESSARY FOR SITING;
   10    (C) THE VISUAL, AUDIBLE OR ATMOSPHERIC IMPACTS OF WIND ENERGY  FACILI-
   11  TIES THAT SHOULD BE CONSIDERED IN THE SITING PROCESS;
   12    (D) THE IMPACT OF THE CAPACITY OF A WIND ENERGY FACILITY IN THE SITING
   13  PROCESS;
   14    (E)  WHICH  STATE  AND LOCAL AGENCIES SHOULD BE INVOLVED IN THE SITING
   15  PROCESS;
   16    (F) THE INFORMATION NECESSARY FOR LOCAL AGENCIES CHARGED  WITH  MAKING
   17  TIMELY  AND  DEFENSIBLE  DECISIONS  TO  GUIDE  WIND  ENERGY DEVELOPMENT,
   18  INCLUDING BUT NOT LIMITED TO,  INSTALLATION  AND  OPERATING  PROCEDURES,
   19  DEVELOPMENT OF LOCAL ZONING AND LAND USE REGULATIONS;
   20    (G)  THE  KINDS  OF  REVENUE  IMPLICATIONS  IMPACTING  THE LOCALITIES,
   21  INCLUDING BUT NOT  LIMITED  TO,  PROPERTY  TAXES,  NEGOTIATED  VOLUNTARY
   22  PAYMENTS IN LIEU OF TAXES, AND LAND LEASES; AND
   23    (H)  THE KINDS AND IMPACT OF LOCAL COMMUNITY INPUT IN THE SITING PROC-
   24  ESS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02398-01-9
       A. 8619                             2
    1    2. THE AUTHORITY SHALL SUBMIT A COPY OF SUCH STUDY  TO  THE  GOVERNOR,
    2  THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
    3  CHAIRPERSON OF THE SENATE ENERGY AND  TELECOMMUNICATIONS  COMMITTEE  AND
    4  THE  CHAIRPERSON OF THE ASSEMBLY ENERGY COMMITTEE NO LATER THAN ONE YEAR
    5  AFTER THE EFFECTIVE DATE OF THIS SECTION.
    6    3.  UPON COMPLETION OF THE STUDY CONDUCTED PURSUANT TO SUBDIVISION ONE
    7  OF THIS SECTION, THE AUTHORITY SHALL DEVELOP  AN  OVERALL  COMPREHENSIVE
    8  WIND  ENERGY  FACILITIES  SITING PLAN. SUCH PLAN SHALL TAKE INTO ACCOUNT
    9  THE RESULTS AND FINDINGS OF SUCH STUDY, AND SHALL  INCLUDE  BUT  NOT  BE
   10  LIMITED TO THE FOLLOWING:
   11    (A)  AN  OUTLINE OF GUIDELINES AND REQUIREMENTS FOR SITING WIND ENERGY
   12  PRODUCTION FACILITIES;
   13    (B) THE RESEARCH FOR POTENTIAL SITES FOR FUTURE FACILITIES;
   14    (C) AN IDENTIFICATION OF EXISTING PLANTS THAT SHOULD BE  TARGETED  FOR
   15  EFFICIENCY UPGRADING; AND
   16    (D)  A PLAN FOR AT LEAST THREE PUBLIC HEARINGS TO BE HELD IN DIFFERENT
   17  REGIONS OF THE STATE WITHIN SIXTY DAYS OF THE PUBLICATION OF SUCH  PLAN,
   18  AND  A  PROVISION  FOR ADEQUATE WRITTEN TESTIMONIAL INPUT REGARDING SUCH
   19  PLAN.
   20    4. THE AUTHORITY SHALL SUBMIT A COPY OF SUCH  WIND  ENERGY  PRODUCTION
   21  FACILITIES  PLAN TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
   22  THE SPEAKER OF THE ASSEMBLY, THE CHAIRPERSON OF THE  SENATE  ENERGY  AND
   23  TELECOMMUNICATIONS  COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY ENERGY
   24  COMMITTEE NO LATER THAN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS
   25  SECTION.
   26    S 2. This act shall take effect immediately.