Bill Text: NY S01223 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Establishes a moratorium on the building or placing of any permanent or semi-permanent wind turbine on bodies of freshwater located within the state and within the jurisdiction and control of the state.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01223 Detail]

Download: New_York-2023-S01223-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1223

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 10, 2023
                                       ___________

        Introduced  by  Sens.  BORRELLO, ORTT -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
          Conservation

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          establishing a moratorium on the building or placing of any  permanent
          or  semi-permanent wind turbine on bodies of freshwater located within
          the state or off the coastline

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

     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 13-0107 to read as follows:
     3  § 13-0107. Moratorium on building or placing wind turbines.
     4    1. For purposes of this section, "federal  waters"  shall  mean  those
     5  waters and submerged lands lying seaward to the state waters of New York
     6  that appertain to the United States and are subject to federal jurisdic-
     7  tion and control.
     8    2.  (a) Notwithstanding any provision of law to the contrary, there is
     9  hereby established a moratorium, for an indefinite period of time,  upon
    10  the  building or placing of any permanent or semi-permanent wind turbine
    11  on all bodies of freshwater located within  the  state  and  within  the
    12  jurisdiction and control of the state.
    13    (b)  Notwithstanding  any  provision  of law to the contrary, there is
    14  hereby established a moratorium, for an indefinite period of time,  upon
    15  the  building  or placing of any infrastructure used to support a perma-
    16  nent or semi-permanent wind turbine located in federal waters or  waters
    17  under  the  jurisdiction and control of another state, when such infras-
    18  tructure enters or passes through a body of freshwater within the juris-
    19  diction and control of the state.
    20    3. This section shall be subject to any applicable provisions  of  the
    21  state  environmental  quality  review  act,  article  ten  of the public
    22  service law, and any local zoning or permitting laws or ordinances.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03936-01-3
        S. 1223                             2

     1    4. Such moratorium shall not be lifted without  the  consent  of  both
     2  houses of the legislature by a majority vote in each house. The legisla-
     3  ture may require any additional data or information that it deems neces-
     4  sary to make a decision if such moratorium shall be lifted.
     5    § 2. This act shall take effect immediately.