Bill Text: NY A10478 | 2021-2022 | General Assembly | Introduced


Bill Title: Ensures the safe and efficient delivery of materials for the timely construction of major renewable energy facilities in furtherance of the goals mandated by the New York state climate leadership and community protection act; provides that vehicles carrying materials intended for the construction of any major renewable energy facility, including oversize and superload transport vehicles, shall be permitted to travel on the thruway and state highways, on any day of the week, including Saturday and Sunday.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2022-05-27 - referred to transportation [A10478 Detail]

Download: New_York-2021-A10478-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10478

                   IN ASSEMBLY

                                      May 27, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
          read once and referred to the Committee on Transportation

        AN ACT to ensure the safe and efficient delivery of  materials  for  the
          timely  construction  of major renewable energy facilities in further-
          ance of the goals mandated by the New York  state  climate  leadership
          and community protection act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative findings and declaration. In  2019,  the  state
     2  enacted  the  historic  New  York state climate leadership and community
     3  protection act to mitigate the impacts  of  climate  change  and  reduce
     4  greenhouse  gas  emissions  from  anthropogenic  sources  100% over 1990
     5  levels by the year 2050. In 2020,  the  state  enacted  the  accelerated
     6  renewable  energy  growth  and community benefit act, which provided for
     7  the expedited siting of major renewable energy  facilities  and  related
     8  transmission.    The legislature hereby finds and declares that to mean-
     9  ingfully and timely achieve the historic goals mandated in the New  York
    10  state  climate  leadership and community protection act, and to meet the
    11  technology-specific  requirements  set  forth  therein,  including   the
    12  installation   of   wind  and  solar-powered  electric  generation,  the
    13  construction of new and repowered wind turbines and solar arrays  is  an
    14  urgent  matter  of great importance to New York. The legislature further
    15  finds that current  rules,  regulations,  and  policies  addressing  the
    16  transport  of  large loads on the state highways and the thruway present
    17  impediments to the efficient transport of  construction  materials  used
    18  for  these  projects, including large loads such as wind turbines, which
    19  is inconsistent with the  goals  of  the  accelerated  renewable  energy
    20  growth  and  community  benefit act. Because of the unprecedented volume
    21  and size of materials planned for transport, the current rules regarding
    22  the use of police escorts for the transport of such loads may result  in
    23  delays,  shortages  of  police  officer  escorts, and retention of truck
    24  traffic, that may hinder construction of major renewable energy  facili-
    25  ties. Therefore, it is the intent of this act to supersede any such rule
    26  or policy, and to allow materials used for the construction of any major

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15875-02-2

        A. 10478                            2

     1  renewable energy facility to be transported on state highways and on the
     2  thruway  safely  using  either  a  police  escort, or a private security
     3  escort.
     4    § 2. (a) For the purposes of this act, the term "major renewable ener-
     5  gy  facility"  shall have the same meaning as defined in section 94-c of
     6  the executive law.
     7    (b) Notwithstanding any other law, rule, regulation, or internal poli-
     8  cy of any state department, agency, public authority, or public  benefit
     9  corporation,  vehicles  carrying materials intended for the construction
    10  of any major renewable energy facility, including oversize and superload
    11  transport vehicles, shall be permitted to  travel  on  the  thruway  and
    12  state  highways, in compliance with the requirements set forth in subdi-
    13  vision (c) of this section, on any day of the week,  including  Saturday
    14  and Sunday.
    15    (c) Notwithstanding any other law, rule, regulation, or internal poli-
    16  cy  of any state department, agency, public authority, or public benefit
    17  corporation, vehicles carrying materials intended for  the  construction
    18  of any major renewable energy facility, including oversize and superload
    19  transport  vehicles,  shall  be permitted to travel either with a police
    20  escort, including but not limited to  environmental  conservation  offi-
    21  cers,  parks  police,  county sheriff deputies or the national guard, or
    22  with a private security certified escort vehicle as that term is defined
    23  in 17 NYCRR 154-1.12. The state shall not bear the cost of  any  private
    24  security escort utilized under this section.
    25    (d)  Vehicles  carrying materials intended for the construction of any
    26  major renewable energy facility, including oversize and superload trans-
    27  port vehicles, shall have a certified  annual  inspection  demonstrating
    28  compliance  with  all  applicable  state and federal safety standards in
    29  lieu of a state police level I full inspection, provided  the  certified
    30  inspection  is  performed  within  seven  calendar days of the trip, the
    31  vehicle is not subject to commercial use in the interim, and the  opera-
    32  tor of such vehicle makes satisfactory inspection paperwork available to
    33  the  state  police,  the  department  of transportation, and the thruway
    34  authority upon request.
    35    (e) All state departments, agencies,  public  authorities,  or  public
    36  benefit  corporations  shall  prioritize the permitting and requests for
    37  approval for such travel for the transport of materials intended for use
    38  in a major renewable energy facility. The department of  transportation,
    39  in  consultation  with the thruway authority and the state police, shall
    40  establish through regulation a program for the certification of  private
    41  security  escorts  authorized  to escort vehicles transporting materials
    42  intended for the construction of any major renewable energy facility.
    43    § 3. This act shall take effect immediately.
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