NY State Senate Bill 2021-S9279

Senate Bill S9279

2021-2022 Legislative Session

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to transportation

co-Sponsors

2021-S9279 (ACTIVE) - Details

See Assembly Version of this Bill:: A10478
Current Committee:: Senate Transportation
Law Section:: Transportation
Versions Introduced in 2023-2024 Legislative Session:: S373, A751

2021-S9279 (ACTIVE) - Summary

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.

2021-S9279 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9279

SPONSOR: PARKER
 
TITLE OF BILL:

An act to ensure 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

 
PURPOSE:

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

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the legislative findings and declaration.

Section 2(a) expands the permissible hauling days for the transportation
of materials intended for the construction of renewable energy facili-

ties to include Saturday and Sunday; (b) permits Environmental Conserva-
tion Officers, Parks Police, County Sherriff and the National Guard, and
certified private security escorts, to act as escort vehicles for "super
load" hauls; (c)streamlines inspection procedures; and,(d) requires
prioritization of permitting and requests for approval for such travel
for the transport of materials intended for use in a major renewable
energy facility.

Section 3 establishes that this Act shall take effect immediately.

 
REASONS FOR SUPPORT:

In 2019, the State enacted the historic climate leadership and community
protection act (CLCPA) to mitigate the impacts of climate change and
reduce greenhouse gas emissions from anthropogenic sources 100% over
1990 levels by the year 2050.

In enacting the Accelerated Renewable Energy Growth and Community Bene-
fit Act in 2020, the State recognized that achieving the goals of the
CLCPA would not only require the deployment of substantial amounts of
renewable resources throughout the State, but also a reimagining of the
foundational systems and structures that make those accomplishments
possible.

This bill, thematically, is but one example of how the State's commit-
ment to climate change must extend to reviewing, modernizing and bring-
ing agency and authority rules and guidance into conformity with the
CLCPA. This legislation is borne out of the same conceptual framework
that gave rise to the accelerated siting process by streamlining the
mechanisms by which onshore wind turbine components are delivered
project sites. As a practical example, a single utility-scale wind
project may require over 500 infrastructure and component deliveries
necessary to complete construction. Certain components, such as those
used for the construction of the physical tower, are particularly large
and are designated 'super loads' by NYSDOT. This designation, among
other things, necessitates that a New York State Police officer escort
the super load along its planned route. Because of the unprecedented
volume and size of materials planned for transport, the current rules
regarding the use of police escorts for the transport of such loads may
result in delays, shortages of police officer escorts, and retention of
truck traffic, hindering construction of major renewable energy facili-
ties. This legislation would allow other police agencies, the national
guard, and certified escort vehicles to supplement the State Police with
regard to super load transportation so ensure that projects are
constructed as rapidly as possible while not placing an untenable burden
on the State Police.

This issues this legislation seeks to address are not naturally intui-
tive but are nonetheless important: over the next two decades, thousands
of hauls will be needed to build out the the resources necessary for New
York to generate 100% clean power by 2040. The scourge of climate
change, and its impact on our communities and vulnerable populations,
demands we act now. A delay of even an hour, per haul, in the aggregate
means thousands of hours lost at a moment when time is truly of the
essence.

 
FISCAL IMPACT:

None.

 
EFFECTIVE DATE:
Immediately

2021-S9279 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9279
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed 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:
 
   Section 1. Legislative findings and declaration. In  2019,  the  state
 enacted  the  historic  New  York state climate leadership and community
 protection act to mitigate the impacts  of  climate  change  and  reduce
 greenhouse  gas  emissions  from  anthropogenic  sources  100% over 1990
 levels by the year 2050. In 2020,  the  state  enacted  the  accelerated
 renewable  energy  growth  and community benefit act, which provided for
 the expedited siting of major renewable energy  facilities  and  related
 transmission.    The legislature hereby finds and declares that to mean-
 ingfully and timely achieve the historic goals mandated in the New  York
 state  climate  leadership and community protection act, and to meet the
 technology-specific  requirements  set  forth  therein,  including   the
 installation   of   wind  and  solar-powered  electric  generation,  the
 construction of new and repowered wind turbines and solar arrays  is  an
 urgent  matter  of great importance to New York. The legislature further
 finds that current  rules,  regulations,  and  policies  addressing  the
 transport  of  large loads on the state highways and the thruway present
 impediments to the efficient transport of  construction  materials  used
 for  these  projects, including large loads such as wind turbines, which
 is inconsistent with the  goals  of  the  accelerated  renewable  energy
 growth  and  community  benefit act. Because of the unprecedented volume
 and size of materials planned for transport, the current rules regarding
 the use of police escorts for the transport of such loads may result  in
 delays,  shortages  of  police  officer  escorts, and retention of truck
 traffic, that may hinder construction of major renewable energy  facili-
 ties. Therefore, it is the intent of this act to supersede any such rule
 or policy, and to allow materials used for the construction of any major
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15875-02-2
 S. 9279                             2
 
 renewable energy facility to be transported on state highways and on the
 thruway  safely  using  either  a  police  escort, or a private security
 escort.
   § 2. (a) For the purposes of this act, the term "major renewable ener-
 gy  facility"  shall have the same meaning as defined in section 94-c of
 the executive law.
   (b) Notwithstanding any other law, rule, regulation, or internal poli-
 cy of any state department, agency, public authority, or public  benefit
 corporation,  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, in compliance with the requirements set forth in subdi-
 vision (c) of this section, on any day of the week,  including  Saturday
 and Sunday.
   (c) Notwithstanding any other law, rule, regulation, or internal poli-
 cy  of any state department, agency, public authority, or public benefit
 corporation, vehicles carrying materials intended for  the  construction
 of any major renewable energy facility, including oversize and superload
 transport  vehicles,  shall  be permitted to travel either with a police
 escort, including but not limited to  environmental  conservation  offi-
 cers,  parks  police,  county sheriff deputies or the national guard, or
 with a private security certified escort vehicle as that term is defined
 in 17 NYCRR 154-1.12. The state shall not bear the cost of  any  private
 security escort utilized under this section.
   (d)  Vehicles  carrying materials intended for the construction of any
 major renewable energy facility, including oversize and superload trans-
 port vehicles, shall have a certified  annual  inspection  demonstrating
 compliance  with  all  applicable  state and federal safety standards in
 lieu of a state police level I full inspection, provided  the  certified
 inspection  is  performed  within  seven  calendar days of the trip, the
 vehicle is not subject to commercial use in the interim, and the  opera-
 tor of such vehicle makes satisfactory inspection paperwork available to
 the  state  police,  the  department  of transportation, and the thruway
 authority upon request.
   (e) All state departments, agencies,  public  authorities,  or  public
 benefit  corporations  shall  prioritize the permitting and requests for
 approval for such travel for the transport of materials intended for use
 in a major renewable energy facility. The department of  transportation,
 in  consultation  with the thruway authority and the state police, shall
 establish through regulation a program for the certification of  private
 security  escorts  authorized  to escort vehicles transporting materials
 intended for the construction of any major renewable energy facility.
   § 3. This act shall take effect immediately.

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Senate Bill S9279

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Sponsored By

Kevin S. Parker