Bill Text: NY A04640 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities; requires written determination.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-04 - referred to energy [A04640 Detail]
Download: New_York-2025-A04640-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4640 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. BOLOGNA -- read once and referred to the Commit- tee on Energy AN ACT to amend the executive law, in relation to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 720 to 2 read as follows: 3 § 720. Encroachment or adverse effect upon military operations by tall 4 energy structures, major renewable energy facilities or wind energy 5 facilities. 1. Definitions. As used in this section, the following terms 6 shall have the following meanings: 7 (a) "Tall energy structure" shall mean any structure that has as its 8 primary use the generation or transmission of energy and which is two 9 hundred or more feet in height. 10 (b) "Major renewable energy facility" shall mean any facility as 11 defined in subdivision four of section one hundred thirty-seven of the 12 public service law. 13 2. The construction or operation of any tall energy structure, major 14 renewable energy facility or wind energy facility in this state shall 15 not encroach upon or otherwise have an adverse impact on military oper- 16 ations and readiness of any military installation or branch of the mili- 17 tary. 18 3. A local government or the New York state board on electric gener- 19 ation siting and the environment (hereinafter, "the board"), prior to 20 approving an application for the construction of a tall energy structure 21 shall require the applicant to provide the local government or the board 22 with the following: 23 (a) a written determination of no hazard to air navigation issued by 24 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 25 Subpart D; and 26 (b) in coordination with any affected military installation and the 27 state division of homeland security and emergency services, a written EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00769-01-5A. 4640 2 1 determination resolving any adverse impact to military operations iden- 2 tified during the aeronautics study conducted pursuant to 14 C.F.R. 3 Part 77, Subpart D. 4 A proposed tall energy structure shall be subject to the provisions of 5 subdivision two of this section even if the local government or the 6 board either does not require an application prior to the construction 7 of a tall energy structure or does not require the application outlined 8 in this subdivision. 9 4. The board, prior to approving an application for the construction 10 of a major renewable energy facility shall require the applicant to file 11 an application with the Federal Aviation Administration under 49 U.S.C. 12 § 44718, and provide the board with the following: 13 (a) a written determination of no hazard to air navigation issued by 14 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 15 Subpart D; and 16 (b) in coordination with any affected military installation and the 17 state division of homeland security and emergency services, a written 18 determination resolving any adverse impact to military operations iden- 19 tified during the aeronautics study conducted pursuant to 14 C.F.R. 20 Part 77, Subpart D. 21 The major renewable energy facility shall be subject to the provisions 22 of subdivision two of this section even if the board either does not 23 require an application prior to the construction of the major renewable 24 energy facility or does not require the application outlined in this 25 subdivision. 26 5. Prior to any planned construction of a wind energy facility, an 27 applicant shall provide the local government or the board considering an 28 application with a map showing the specific location and tower hub 29 height, with rotor diameter, for each proposed wind turbine. 30 6. A local government or the board may not approve an application for 31 the construction of a wind energy facility unless the applicant provides 32 the following documentation: 33 (a) a completed department of defense siting clearinghouse formal 34 review; and 35 (b) a written determination of no hazard to air navigation issued by 36 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 37 Subpart D. 38 7. Notwithstanding subdivision six of this section, a local government 39 or the board may approve an application for the construction of a wind 40 energy facility conditioned upon the applicant providing the documenta- 41 tion set out in subdivision six of this section. 42 8. If any dispute arises between a local government or the board and 43 an applicant or military installation relating to the approval of any 44 tall energy structure, major renewable energy facility or wind energy 45 facility, the local government or the board shall provide notice to the 46 governor or the governor's designee to facilitate resolution of the 47 dispute. 48 9. A local government or the board shall not require any other formal 49 written approval from a military installation to approve an application 50 for the construction of a tall energy structure, a major renewable ener- 51 gy facility or a wind energy facility. 52 § 2. This act shall take effect immediately.
