Bill Text: NY S00373 | 2023-2024 | 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: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO TRANSPORTATION [S00373 Detail]

Download: New_York-2023-S00373-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           373

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01612-01-3

        S. 373                              2

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