NY State Senate Bill 2023-S592C

Senate Bill S592C

2023-2024 Legislative Session

Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities

download bill text pdf

Current Bill Status - In Senate Committee Energy And Telecommunications 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
May 22, 2023	print number 592c
May 22, 2023	amend and recommit to energy and telecommunications
Apr 26, 2023	print number 592b
Apr 26, 2023	amend (t) and recommit to energy and telecommunications
Mar 10, 2023	print number 592a
Mar 10, 2023	amend (t) and recommit to energy and telecommunications
Jan 05, 2023	referred to energy and telecommunications

Bill Amendments

Original

C (Active)

co-Sponsors

2023-S592 - Details

See Assembly Version of this Bill:: A2273
Current Committee:: Senate Energy And Telecommunications
Law Section:: Executive Law
Laws Affected:: Add §720, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1755, A5262
2019-2020: S198, A3248
2021-2022: S2694, A3883

2023-S592 - Summary

Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities.

2023-S592 - Sponsor Memo

                                 
BILL NUMBER: S592

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the public service law, in relation to location of
certain wind electric generation facilities

 
PURPOSE:

This legislation would prohibit the construction or operation of a wind
generating facility located within forty miles of an airfield or
airbase.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 168 of the public service law to prohibit the
construction or operation of a wind generating facility located within
forty miles of an airfield or airbase under jurisdiction of the Depart-
ment of Defense which is in active use. This section also covers air
traffic control radar sites, weather radar sites, or aircraft navi-
gations aids which are owned or operated by the DoD and are permanent

land-based structures at a fixed location.

Section 2 is the effective date.

 
JUSTIFICATION:

Wind-generating facilities located in close proximity of airfields and
airbases pose significant concerns both in the current operation of an
airbase, but more importantly the possibility exists that these turbines
could seriously imperil these airbases and the operations they take part
in now and in the future. When the Federal government undergoes Base
Realignment and Closures (BRAC) it is important that these military
facilities are not imperiled by encroachments such as wind turbines.

A recent report out of Corpus Christi has shed light onto the negative
impact wind turbines have on radar readings and installations in light
of this it is critical to take into consideration the proximity these
wind turbines have to an airfield or airbase.

 
PRIOR LEGISLATIVE HISTORY:

S.2694 of 2021/2022; Referred to Energy

S.198 of 2019/20; Referred to Energy

S.1755 of 2017/2018; Advanced to third reading.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S592 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    592
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend  the  public  service law, in relation to location of
   certain wind electric generation facilities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 168 of the public service law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A. THE BOARD MAY NOT GRANT A CERTIFICATE  FOR  THE  CONSTRUCTION  OR
 OPERATION  OF  A  WIND ELECTRIC GENERATION FACILITY TO BE LOCATED WITHIN
 FORTY MILES OF AN AIRFIELD OR AIRBASE UNDER JURISDICTION OF ANY  FEDERAL
 MILITARY DEPARTMENT WHICH IS IN ACTIVE USE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00601-01-3

co-Sponsors

2023-S592A - Details

See Assembly Version of this Bill:: A2273
Current Committee:: Senate Energy And Telecommunications
Law Section:: Executive Law
Laws Affected:: Add §720, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1755, A5262
2019-2020: S198, A3248
2021-2022: S2694, A3883

2023-S592A - Summary

Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities.

2023-S592A - Sponsor Memo

                                 
BILL NUMBER: S592A

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the public service law, in relation to certification of
major electric generating facilities

 
PURPOSE:

Considering the impacts, this legislation would allow for an evaluation
from the Department of Defense's Military Aviation and Installation
Assurance Siting Clearinghouse.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 168 of the public service law stating the board
will not grant a certificate for the constitution of a major electric
generating facility unless the Defense's Military Aviation and Installa-
tion Assurance Siting Clearinghouse has reviewed the impact of such
facility

Section 2 allows the Defense's Military Aviation and Installation Assur-
ance Siting Clearinghouse to complete an evaluation to consider the
potential impacts and explore mitigation options.

Section 3 is the effective date.

 
JUSTIFICATION:

Wind-generating facilities located in close proximity of airfields and
airbases pose significant concerns both in the current operation of an
airbase, but more importantly the possibility exists that these turbines
could seriously imperil these airbases and the operations they take part
in now and in the future. When the Federal government undergoes Base
Realignment and Closures (BRAC) it is important that these military
facilities are not imperiled by encroachments such as wind turbines.

A recent report out of Corpus Christi has shed light onto the negative
impact wind turbines have on radar readings and installations in light
of this it is critical to take into consideration the proximity these
wind turbines have to an airfield or airbase.

 
PRIOR LEGISLATIVE HISTORY:

S. 2694 of 2021/2022; Referred to Energy

S. 198 of 2019/20; Referred to Energy

S. 1755 of 2017/2018; Advanced to third reading.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S592A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  592--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. ORTT, OBERACKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public service law, in relation to certification  of
   major electric generating facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 168 of the public service law is amended by  adding
 a new subdivision 3-a to read as follows:
   3-A.  THE  BOARD SHALL NOT GRANT A CERTIFICATE FOR THE CONSTRUCTION OR
 OPERATION OF A MAJOR ELECTRIC GENERATING FACILITY UNLESS THE  DEPARTMENT
 OF  DEFENSE'S MILITARY AVIATION AND INSTALLATION ASSURANCE SITING CLEAR-
 INGHOUSE HAS REVIEWED THE IMPACT OF SUCH FACILITY.
   § 2. Subdivision 1 of section 164 of the public service law is amended
 by adding a new paragraph (n) to read as follows:
   (N) AN EVALUATION FROM THE DEPARTMENT OF DEFENSE'S  MILITARY  AVIATION
 AND  INSTALLATION  ASSURANCE  SITING CLEARINGHOUSE CONSIDERING POTENTIAL
 IMPACTS AND EXPLORING MITIGATION OPTIONS.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00601-04-3

co-Sponsors

2023-S592B - Details

See Assembly Version of this Bill:: A2273
Current Committee:: Senate Energy And Telecommunications
Law Section:: Executive Law
Laws Affected:: Add §720, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1755, A5262
2019-2020: S198, A3248
2021-2022: S2694, A3883

2023-S592B - Summary

Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities.

2023-S592B - Sponsor Memo

                                 
BILL NUMBER: S592B

SPONSOR: ORTT
 
TITLE OF BILL:

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

 
PURPOSE:

Considering the impacts, this legislation would allow for an evaluation
from the Department of Defense's Military Aviation and Installation
Assurance Siting Clearinghouse.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 168 of the public service law stating the board
will not grant a certificate for the constitution of a major electric
generating facility unless the Defense's Military Aviation and Installa-
tion Assurance Siting Clearinghouse has reviewed the impact of such
facility

Section 2 allows the Defense's Military Aviation and Installation Assur-
ance Siting Clearinghouse to complete an evaluation to consider the
potential impacts and explore mitigation options.

Section 3 is the effective date.

 
JUSTIFICATION:

Wind-generating facilities located in close proximity of airfields and
airbases pose significant concerns both in the current operation of an
airbase, but more importantly the possibility exists that these turbines
could seriously imperil these airbases and the operations they take part
in now and in the future. When the Federal government undergoes Base
Realignment and Closures (BRAC) it is important that these military
facilities are not imperiled by encroachments such as wind turbines.

A recent report out of Corpus Christi has shed light onto the negative
impact wind turbines have on radar readings and installations in light
of this it is critical to take into consideration the proximity these
wind turbines have to an airfield or airbase.

This legislation was a request from the Department of Defense's Military
Aviation & Installation Assurance Siting Clearinghouse.

 
PRIOR LEGISLATIVE HISTORY:

S.2694 of 2021/2022; Referred to Energy

S.198 of 2019/20; Referred to Energy

S.1755 of 2017/2018; Advanced to third reading.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S592B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  592--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. ORTT, OBERACKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. The executive law is amended by adding a new section 719 to
 read as follows:
   § 719. ENCROACHMENT OR ADVERSE EFFECT UPON MILITARY OPERATIONS BY TALL
 ENERGY STRUCTURES, MAJOR RENEWABLE  ENERGY  FACILITIES  OR  WIND  ENERGY
 FACILITIES. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "TALL  ENERGY STRUCTURE" SHALL MEAN ANY STRUCTURE THAT HAS AS ITS
 PRIMARY USE THE GENERATION OR TRANSMISSION OF ENERGY AND  WHICH  IS  TWO
 HUNDRED OR MORE FEET IN HEIGHT.
   (B)  "MAJOR  RENEWABLE  ENERGY  FACILITY"  SHALL  MEAN ANY FACILITY AS
 DEFINED UNDER PARAGRAPH (H) OF SUBDIVISION TWO OF SECTION  NINETY-FOUR-C
 OF THIS CHAPTER.
   2.  THE  CONSTRUCTION OR OPERATION OF ANY TALL ENERGY STRUCTURE, MAJOR
 RENEWABLE ENERGY FACILITY OR WIND ENERGY FACILITY IN  THIS  STATE  SHALL
 NOT  ENCROACH UPON OR OTHERWISE HAVE AN ADVERSE IMPACT ON MILITARY OPER-
 ATIONS AND READINESS OF ANY MILITARY INSTALLATION OR BRANCH OF THE MILI-
 TARY.
   3. A LOCAL GOVERNMENT OR THE NEW YORK STATE BOARD ON  ELECTRIC  GENER-
 ATION  SITING  AND  THE ENVIRONMENT (HEREINAFTER, "THE BOARD"), PRIOR TO
 APPROVING AN APPLICATION FOR THE CONSTRUCTION OF A TALL ENERGY STRUCTURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00601-08-3

 S. 592--B                           2
 
 SHALL REQUIRE THE APPLICANT TO PROVIDE THE LOCAL GOVERNMENT OR THE BOARD
 WITH THE FOLLOWING:
   (A)  A  WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION ISSUED BY
 THE FEDERAL AVIATION ADMINISTRATION  PURSUANT  TO  14  C.F.R.  PART  77,
 SUBPART D; AND
   (B)  IN  COORDINATION  WITH ANY AFFECTED MILITARY INSTALLATION AND THE
 STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  A  WRITTEN
 DETERMINATION  RESOLVING ANY ADVERSE IMPACT TO MILITARY OPERATIONS IDEN-
 TIFIED DURING THE AERONAUTICS STUDY  CONDUCTED  PURSUANT  TO  14  C.F.R.
 PART 77, SUBPART D.
   A PROPOSED TALL ENERGY STRUCTURE SHALL BE SUBJECT TO THE PROVISIONS OF
 SUBDIVISION  TWO  OF  THIS  SECTION  EVEN IF THE LOCAL GOVERNMENT OR THE
 BOARD EITHER DOES NOT REQUIRE AN APPLICATION PRIOR TO  THE  CONSTRUCTION
 OF  A TALL ENERGY STRUCTURE OR DOES NOT REQUIRE THE APPLICATION OUTLINED
 IN THIS SUBDIVISION.
   4. THE BOARD, PRIOR TO APPROVING AN APPLICATION FOR  THE  CONSTRUCTION
 OF A MAJOR RENEWABLE ENERGY FACILITY SHALL REQUIRE THE APPLICANT TO FILE
 AN  APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION UNDER 49 U.S.C.
 § 44718, AND PROVIDE THE BOARD WITH THE FOLLOWING:
   (A) A WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION  ISSUED  BY
 THE  FEDERAL  AVIATION  ADMINISTRATION  PURSUANT  TO  14 C.F.R. PART 77,
 SUBPART D; AND
   (B) IN COORDINATION WITH ANY AFFECTED MILITARY  INSTALLATION  AND  THE
 STATE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, A WRITTEN
 DETERMINATION RESOLVING ANY ADVERSE IMPACT TO MILITARY OPERATIONS  IDEN-
 TIFIED  DURING  THE  AERONAUTICS  STUDY  CONDUCTED PURSUANT TO 14 C.F.R.
 PART 77, SUBPART D.
   THE MAJOR RENEWABLE ENERGY FACILITY SHALL BE SUBJECT TO THE PROVISIONS
 OF SUBDIVISION TWO OF THIS SECTION EVEN IF THE  BOARD  EITHER  DOES  NOT
 REQUIRE  AN APPLICATION PRIOR TO THE CONSTRUCTION OF THE MAJOR RENEWABLE
 ENERGY FACILITY OR DOES NOT REQUIRE THE  APPLICATION  OUTLINED  IN  THIS
 SUBDIVISION.
   5.  PRIOR  TO  ANY  PLANNED CONSTRUCTION OF A WIND ENERGY FACILITY, AN
 APPLICANT SHALL PROVIDE THE LOCAL GOVERNMENT OR THE BOARD CONSIDERING AN
 APPLICATION WITH A MAP SHOWING  THE  SPECIFIC  LOCATION  AND  TOWER  HUB
 HEIGHT, WITH ROTOR DIAMETER, FOR EACH PROPOSED WIND TURBINE.
   6.  A LOCAL GOVERNMENT OR THE BOARD MAY NOT APPROVE AN APPLICATION FOR
 THE CONSTRUCTION OF A WIND ENERGY FACILITY UNLESS THE APPLICANT PROVIDES
 THE FOLLOWING DOCUMENTATION:
   (A) A COMPLETED DEPARTMENT  OF  DEFENSE  SITING  CLEARINGHOUSE  FORMAL
 REVIEW; AND
   (B)  A  WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION ISSUED BY
 THE FEDERAL AVIATION ADMINISTRATION  PURSUANT  TO  14  C.F.R.  PART  77,
 SUBPART D.
   7. NOTWITHSTANDING SUBDIVISION SIX OF THIS SECTION, A LOCAL GOVERNMENT
 OR  THE  BOARD MAY APPROVE AN APPLICATION FOR THE CONSTRUCTION OF A WIND
 ENERGY FACILITY CONDITIONED UPON THE APPLICANT PROVIDING THE  DOCUMENTA-
 TION SET OUT IN SUBDIVISION SIX OF THIS SECTION.
   8.  IF  ANY DISPUTE ARISES BETWEEN A LOCAL GOVERNMENT OR THE BOARD AND
 AN APPLICANT OR MILITARY INSTALLATION RELATING TO THE  APPROVAL  OF  ANY
 TALL  ENERGY  STRUCTURE,  MAJOR RENEWABLE ENERGY FACILITY OR WIND ENERGY
 FACILITY, THE LOCAL GOVERNMENT OR THE BOARD SHALL PROVIDE NOTICE TO  THE
 GOVERNOR  OR  THE  GOVERNOR'S  DESIGNEE  TO FACILITATE RESOLUTION OF THE
 DISPUTE.
   9. A LOCAL GOVERNMENT OR THE BOARD SHALL NOT REQUIRE ANY OTHER  FORMAL
 WRITTEN  APPROVAL FROM A MILITARY INSTALLATION TO APPROVE AN APPLICATION
 S. 592--B                           3
 
 FOR THE CONSTRUCTION OF A TALL ENERGY STRUCTURE, A MAJOR RENEWABLE ENER-
 GY FACILITY OR A WIND ENERGY FACILITY.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-S592C (ACTIVE) - Details

See Assembly Version of this Bill:: A2273
Current Committee:: Senate Energy And Telecommunications
Law Section:: Executive Law
Laws Affected:: Add §720, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1755, A5262
2019-2020: S198, A3248
2021-2022: S2694, A3883

2023-S592C (ACTIVE) - Summary

Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities.

2023-S592C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S592C

SPONSOR: ORTT
 
TITLE OF BILL:

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

 
PURPOSE:

Considering the impacts, this legislation would allow for an evaluation
from the Department of Defense's Military Aviation and Installation
Assurance Siting Clearinghouse.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 720 of the executive law stating the board will
not grant a certificate for the constitution of a major electric gener-
ating facility unless the Defense's Military Aviation and Installation
Assurance Siting Clearinghouse has reviewed the impact of such facility

Section 2 allows the Defense's Military Aviation and Installation Assur-
ance Siting Clearinghouse to complete an evaluation to consider the
potential impacts and explore mitigation options.

Section 3 is the effective date.

 
JUSTIFICATION:

Wind-generating facilities located in close proximity of airfields and
airbases pose significant concerns both in the current operation of an
airbase, but more importantly the possibility exists that these turbines
could seriously imperil these airbases and the operations they take part
in now and in the future. When the Federal government undergoes Base
Realignment and Closures (BRAC) it is important that these military
facilities are not imperiled by encroachments such as wind turbines.

A recent report out of Corpus Christi has shed light onto the negative
impact wind turbines have on radar readings and installations in light
of this it is critical to take into consideration the proximity these
wind turbines have to an airfield or airbase.  This legislation was a
request from the Department of Defense's Military Aviation & Installa-
tion Assurance Siting Clearinghouse.

 
PRIOR LEGISLATIVE HISTORY:

S.2694 of 2021/2022; Referred to Energy

S.198 of 2019/20; Referred to Energy

S.1755 of 2017/2018; Advanced to third reading.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S592C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  592--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. ORTT, OBERACKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Energy and  Tele-
   communications   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section 1. The executive law is amended by adding a new section 720 to
 read as follows:
   § 720. ENCROACHMENT OR ADVERSE EFFECT UPON MILITARY OPERATIONS BY TALL
 ENERGY  STRUCTURES,  MAJOR  RENEWABLE  ENERGY  FACILITIES OR WIND ENERGY
 FACILITIES. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "TALL ENERGY STRUCTURE" SHALL MEAN ANY STRUCTURE THAT HAS  AS  ITS
 PRIMARY  USE  THE  GENERATION OR TRANSMISSION OF ENERGY AND WHICH IS TWO
 HUNDRED OR MORE FEET IN HEIGHT.
   (B) "MAJOR RENEWABLE ENERGY  FACILITY"  SHALL  MEAN  ANY  FACILITY  AS
 DEFINED  UNDER PARAGRAPH (H) OF SUBDIVISION TWO OF SECTION NINETY-FOUR-C
 OF THIS CHAPTER.
   2. THE CONSTRUCTION OR OPERATION OF ANY TALL ENERGY  STRUCTURE,  MAJOR
 RENEWABLE  ENERGY  FACILITY  OR WIND ENERGY FACILITY IN THIS STATE SHALL
 NOT ENCROACH UPON OR OTHERWISE HAVE AN ADVERSE IMPACT ON MILITARY  OPER-
 ATIONS AND READINESS OF ANY MILITARY INSTALLATION OR BRANCH OF THE MILI-
 TARY.
   3.  A  LOCAL GOVERNMENT OR THE NEW YORK STATE BOARD ON ELECTRIC GENER-
 ATION SITING AND THE ENVIRONMENT (HEREINAFTER, "THE  BOARD"),  PRIOR  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00601-10-3

 S. 592--C                           2
 
 APPROVING AN APPLICATION FOR THE CONSTRUCTION OF A TALL ENERGY STRUCTURE
 SHALL REQUIRE THE APPLICANT TO PROVIDE THE LOCAL GOVERNMENT OR THE BOARD
 WITH THE FOLLOWING:
   (A)  A  WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION ISSUED BY
 THE FEDERAL AVIATION ADMINISTRATION  PURSUANT  TO  14  C.F.R.  PART  77,
 SUBPART D; AND
   (B)  IN  COORDINATION  WITH ANY AFFECTED MILITARY INSTALLATION AND THE
 STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY  SERVICES,  A  WRITTEN
 DETERMINATION  RESOLVING ANY ADVERSE IMPACT TO MILITARY OPERATIONS IDEN-
 TIFIED DURING THE AERONAUTICS STUDY  CONDUCTED  PURSUANT  TO  14  C.F.R.
 PART 77, SUBPART D.
   A PROPOSED TALL ENERGY STRUCTURE SHALL BE SUBJECT TO THE PROVISIONS OF
 SUBDIVISION  TWO  OF  THIS  SECTION  EVEN IF THE LOCAL GOVERNMENT OR THE
 BOARD EITHER DOES NOT REQUIRE AN APPLICATION PRIOR TO  THE  CONSTRUCTION
 OF  A TALL ENERGY STRUCTURE OR DOES NOT REQUIRE THE APPLICATION OUTLINED
 IN THIS SUBDIVISION.
   4. THE BOARD, PRIOR TO APPROVING AN APPLICATION FOR  THE  CONSTRUCTION
 OF A MAJOR RENEWABLE ENERGY FACILITY SHALL REQUIRE THE APPLICANT TO FILE
 AN  APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION UNDER 49 U.S.C.
 § 44718, AND PROVIDE THE BOARD WITH THE FOLLOWING:
   (A) A WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION  ISSUED  BY
 THE  FEDERAL  AVIATION  ADMINISTRATION  PURSUANT  TO  14 C.F.R. PART 77,
 SUBPART D; AND
   (B) IN COORDINATION WITH ANY AFFECTED MILITARY  INSTALLATION  AND  THE
 STATE  DIVISION  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, A WRITTEN
 DETERMINATION RESOLVING ANY ADVERSE IMPACT TO MILITARY OPERATIONS  IDEN-
 TIFIED  DURING  THE  AERONAUTICS  STUDY  CONDUCTED PURSUANT TO 14 C.F.R.
 PART 77, SUBPART D.
   THE MAJOR RENEWABLE ENERGY FACILITY SHALL BE SUBJECT TO THE PROVISIONS
 OF SUBDIVISION TWO OF THIS SECTION EVEN IF THE  BOARD  EITHER  DOES  NOT
 REQUIRE  AN APPLICATION PRIOR TO THE CONSTRUCTION OF THE MAJOR RENEWABLE
 ENERGY FACILITY OR DOES NOT REQUIRE THE  APPLICATION  OUTLINED  IN  THIS
 SUBDIVISION.
   5.  PRIOR  TO  ANY  PLANNED CONSTRUCTION OF A WIND ENERGY FACILITY, AN
 APPLICANT SHALL PROVIDE THE LOCAL GOVERNMENT OR THE BOARD CONSIDERING AN
 APPLICATION WITH A MAP SHOWING  THE  SPECIFIC  LOCATION  AND  TOWER  HUB
 HEIGHT, WITH ROTOR DIAMETER, FOR EACH PROPOSED WIND TURBINE.
   6.  A LOCAL GOVERNMENT OR THE BOARD MAY NOT APPROVE AN APPLICATION FOR
 THE CONSTRUCTION OF A WIND ENERGY FACILITY UNLESS THE APPLICANT PROVIDES
 THE FOLLOWING DOCUMENTATION:
   (A) A COMPLETED DEPARTMENT  OF  DEFENSE  SITING  CLEARINGHOUSE  FORMAL
 REVIEW; AND
   (B)  A  WRITTEN DETERMINATION OF NO HAZARD TO AIR NAVIGATION ISSUED BY
 THE FEDERAL AVIATION ADMINISTRATION  PURSUANT  TO  14  C.F.R.  PART  77,
 SUBPART D.
   7. NOTWITHSTANDING SUBDIVISION SIX OF THIS SECTION, A LOCAL GOVERNMENT
 OR  THE  BOARD MAY APPROVE AN APPLICATION FOR THE CONSTRUCTION OF A WIND
 ENERGY FACILITY CONDITIONED UPON THE APPLICANT PROVIDING THE  DOCUMENTA-
 TION SET OUT IN SUBDIVISION SIX OF THIS SECTION.
   8.  IF  ANY DISPUTE ARISES BETWEEN A LOCAL GOVERNMENT OR THE BOARD AND
 AN APPLICANT OR MILITARY INSTALLATION RELATING TO THE  APPROVAL  OF  ANY
 TALL  ENERGY  STRUCTURE,  MAJOR RENEWABLE ENERGY FACILITY OR WIND ENERGY
 FACILITY, THE LOCAL GOVERNMENT OR THE BOARD SHALL PROVIDE NOTICE TO  THE
 GOVERNOR  OR  THE  GOVERNOR'S  DESIGNEE  TO FACILITATE RESOLUTION OF THE
 DISPUTE.
 S. 592--C                           3
 
   9. A LOCAL GOVERNMENT OR THE BOARD SHALL NOT REQUIRE ANY OTHER  FORMAL
 WRITTEN  APPROVAL FROM A MILITARY INSTALLATION TO APPROVE AN APPLICATION
 FOR THE CONSTRUCTION OF A TALL ENERGY STRUCTURE, A MAJOR RENEWABLE ENER-
 GY FACILITY OR A WIND ENERGY FACILITY.
   § 2. This act shall take effect immediately.

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Senate Bill S592C

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Sponsored By

Robert G. Ortt

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Bill Amendments

co-Sponsors

Peter Oberacker

2023-S592 - Details

2023-S592 - Summary

2023-S592 - Sponsor Memo

2023-S592 - Bill Text download pdf

co-Sponsors

Peter Oberacker

2023-S592A - Details

2023-S592A - Summary

2023-S592A - Sponsor Memo

2023-S592A - Bill Text download pdf

co-Sponsors

Peter Oberacker

2023-S592B - Details

2023-S592B - Summary

2023-S592B - Sponsor Memo

2023-S592B - Bill Text download pdf

co-Sponsors

Peter Oberacker

2023-S592C (ACTIVE) - Details

2023-S592C (ACTIVE) - Summary

2023-S592C (ACTIVE) - Sponsor Memo

2023-S592C (ACTIVE) - Bill Text download pdf

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