S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    751
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01612-01-3
              

 A. 751                              2
 
 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
 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.