Bill Text: NY A05128 | 2021-2022 | General Assembly | Amended

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Bill Title: Prohibits wind turbines from being located within 1500 feet of certain structures or areas.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2022-01-05 - referred to cities [A05128 Detail]

Download: New_York-2021-A05128-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5128--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

        Introduced by M. of A. BENEDETTO, SAYEGH, WILLIAMS, CRUZ, COOK, HYNDMAN,
          JACKSON  --  Multi-Sponsored  by  --  M. of A. DAVILA -- read once and
          referred to the Committee on  Cities  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the public service law, the energy law and the  adminis-
          trative  code of the city of New York, in relation to prohibiting wind
          turbines from being located within 1500 feet of certain structures  or
          areas

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

     1    Section 1. Section 168 of the public service law is amended by  adding
     2  a new subdivision 2-a to read as follows:
     3    2-a.  The board shall not grant a certificate or amendment thereof for
     4  the construction or operation of a wind  electric  generation  facility,
     5  either  as  proposed  or  as  modified by the board if any wind turbines
     6  would be located, constructed, or  operated  within  one  thousand  five
     7  hundred feet of a residential or commercial structure.
     8    §  2.  Section  21-106  of  the  energy law is amended by adding a new
     9  subdivision 2-a to read as follows:
    10    2-a. No owner or operator of an alternate energy  production  facility
    11  shall construct any wind turbines on or after the effective date of this
    12  subdivision  if  such  wind  turbines  would be located, constructed, or
    13  operated within one thousand five  hundred  feet  of  a  residential  or
    14  commercial structure.
    15    §  3. Subchapter 7 of chapter 1 of title 27 of the administrative code
    16  of the city of New York is amended by adding a new article 23 to read as
    17  follows:
    18                                  ARTICLE 23
    19                                WIND TURBINES

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07547-03-1
        A. 5128--A                          2

     1    § 27-521.17  Wind  turbines.  No  wind  turbines  shall  be   located,
     2  constructed,  or  operated  within  one  thousand five hundred feet of a
     3  residential area and/or a commercial shopping district.
     4    § 4. This act shall take effect immediately.