Bill Text: NY A00751 | 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: Moderate Partisan Bill (Democrat 20-6)

Status: (Introduced) 2024-01-03 - referred to transportation [A00751 Detail]

Download: New_York-2023-A00751-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           751

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced by 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

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

        A. 751                              2

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