Bill Text: NY S05008 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a wind siting designation board consisting of the department of environmental conservation's nine regional planning bodies each of which will consider applications on an individual basis and may consider designating areas within a region where it shall be impermissible to site a wind farm; outlines the nine regions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05008 Detail]

Download: New_York-2019-S05008-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5008
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 3, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- 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 wind siting designation board
          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 article 48 to read as follows:
     3                                 ARTICLE 48
     4                                 WIND SITING
     5  Section 48-0101. Wind siting.
     6  § 48-0101. Wind siting.
     7    1.  The  wind  siting  designation  board is hereby created, and shall
     8  consist of nine regional planning bodies each of which shall be  located
     9  within one of the department's nine regions pursuant to subdivision four
    10  of  this section.  Each regional planning body of the wind siting desig-
    11  nation board shall consist of the regional director of  each  department
    12  of environmental conservation region within such regional planning body;
    13  one member who shall be designated by the chairman of the New York Power
    14  Authority  and  who  shall  reside  within the regional planning body to
    15  which such person is appointed; one member who shall  be  designated  by
    16  the  chairman  of  the  Empire  State  Development Corporation who shall
    17  reside within the region the  regional  planning  body  represents;  and
    18  three  members  from  a  local  government  entity within the region the
    19  regional planning body represents, provided,  however,  that  the  three
    20  members  shall  not  be  from  the same originating entity and that such
    21  members shall be appointed in joint agreement by the regional  director.
    22  Members  of  the  board  shall  serve for a term of six years; provided,
    23  however, that if any member  shall  disaffiliate  from  the  originating
    24  entity from which he or she was appointed to the board, then such member
    25  shall  be  terminated from the board and a new member shall be appointed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10308-01-9
        S. 5008                             2
     1  from the originating entity. Each member of the board shall be  entitled
     2  to  designate a representative to attend meetings of the board in his or
     3  her place, and to vote or otherwise act on his or her behalf in  his  or
     4  her absence. Notice of such designation shall be furnished in writing to
     5  the board by the designating member. A representative shall serve at the
     6  pleasure  of  the  designating  member.  A  representative  shall not be
     7  authorized to delegate any of his or her  duties  or  functions  to  any
     8  other person.
     9    2.  The  wind  siting designation board shall receive and consider all
    10  applications to site any windmill or windmills, on an  individual  basis
    11  to approve or disapprove an individual application for wind siting.
    12    3.  The  wind  siting designation board may consider designating areas
    13  within a region where it shall be impermissible to site a wind farm.
    14    4. The nine regional planning bodies shall be as follows:
    15    (a) region one shall consist of Nassau and Suffolk counties;
    16    (b) region two shall consist of Brooklyn, Bronx, Manhattan, Queens and
    17  Staten Island;
    18    (c) region three shall consist of Dutchess, Orange, Putnam,  Rockland,
    19  Sullivan, Ulster and Westchester counties;
    20    (d)  region  four shall consist of Albany, Columbia, Delaware, Greene,
    21  Montgomery, Otsego, Rensselaer, Schenectady and Schoharie counties;
    22    (e) region five shall consist of  Clinton,  Essex,  Franklin,  Fulton,
    23  Hamilton, Saratoga, Warren and Washington counties;
    24    (f) region six shall consist of Herkimer, Jefferson, Lewis, Oneida and
    25  St. Lawrence counties;
    26    (g)  region seven shall consist of Broome, Cayuga, Chenango, Cortland,
    27  Madison, Onondaga, Oswego, Tioga and Tompkins counties;
    28    (h) region  eight  shall  consist  of  Chemung,  Genesee,  Livingston,
    29  Monroe,  Ontario,  Orleans,  Schuyler,  Seneca, Steuben, Wayne and Yates
    30  counties; and
    31    (i) region nine shall consist of  Allegany,  Chautauqua,  Cattaraugus,
    32  Erie, Niagara and Wyoming counties.
    33    § 2. This act shall take effect immediately.