NY State Senate Bill 2025-S2010

Senate Bill S2010

2025-2026 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 14, 2025	referred to energy and telecommunications

2025-S2010 (ACTIVE) - Details

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
2019-2020: S198
2021-2022: S2694
2023-2024: S592

2025-S2010 (ACTIVE) - Summary

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

2025-S2010 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2010

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 tight
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.592C/A.2273B of 2023/2024: Referred to Energy and Telecommunications

S.2694 of 2021/2022: Referred to Energy and Telecommunications

S.198 of 2019/20: Referred to Energy and Telecommunications

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

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2010 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2010
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2025
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00769-01-5
 S. 2010                             2
 
   (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
 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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