S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4640
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by M. of A. BOLOGNA -- read once and referred to the Commit-
   tee on Energy
 
 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  IN  SUBDIVISION FOUR OF SECTION ONE HUNDRED THIRTY-SEVEN OF THE
 PUBLIC SERVICE LAW.
   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
 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
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00769-01-5
 A. 4640                             2
 
 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
 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.