Bill Text: NY A02273 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced) 2024-01-03 - referred to energy [A02273 Detail]
Download: New_York-2023-A02273-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2273--B 2023-2024 Regular Sessions IN ASSEMBLY January 25, 2023 ___________ Introduced by M. of A. NORRIS, HAWLEY, MORINELLO, BYRNES -- Multi-Spon- sored by -- M. of A. SAYEGH -- read once and referred to the Commit- tee on Energy -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, 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: 1 Section 1. The executive law is amended by adding a new section 720 to 2 read as follows: 3 § 720. Encroachment or adverse effect upon military operations by tall 4 energy structures, major renewable energy facilities or wind energy 5 facilities. 1. Definitions. As used in this section, the following terms 6 shall have the following meanings: 7 (a) "Tall energy structure" shall mean any structure that has as its 8 primary use the generation or transmission of energy and which is two 9 hundred or more feet in height. 10 (b) "Major renewable energy facility" shall mean any facility as 11 defined under paragraph (h) of subdivision two of section ninety-four-c 12 of this chapter. 13 2. The construction or operation of any tall energy structure, major 14 renewable energy facility or wind energy facility in this state shall 15 not encroach upon or otherwise have an adverse impact on military oper- 16 ations and readiness of any military installation or branch of the mili- 17 tary. 18 3. A local government or the New York state board on electric gener- 19 ation siting and the environment (hereinafter, "the board"), prior to 20 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. LBD00601-11-3A. 2273--B 2 1 shall require the applicant to provide the local government or the board 2 with the following: 3 (a) a written determination of no hazard to air navigation issued by 4 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 5 Subpart D; and 6 (b) in coordination with any affected military installation and the 7 state division of homeland security and emergency services, a written 8 determination resolving any adverse impact to military operations iden- 9 tified during the aeronautics study conducted pursuant to 14 C.F.R. 10 Part 77, Subpart D. 11 A proposed tall energy structure shall be subject to the provisions of 12 subdivision two of this section even if the local government or the 13 board either does not require an application prior to the construction 14 of a tall energy structure or does not require the application outlined 15 in this subdivision. 16 4. The board, prior to approving an application for the construction 17 of a major renewable energy facility shall require the applicant to file 18 an application with the Federal Aviation Administration under 49 U.S.C. 19 § 44718, and provide the board with the following: 20 (a) a written determination of no hazard to air navigation issued by 21 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 22 Subpart D; and 23 (b) in coordination with any affected military installation and the 24 state division of homeland security and emergency services, a written 25 determination resolving any adverse impact to military operations iden- 26 tified during the aeronautics study conducted pursuant to 14 C.F.R. 27 Part 77, Subpart D. 28 The major renewable energy facility shall be subject to the provisions 29 of subdivision two of this section even if the board either does not 30 require an application prior to the construction of the major renewable 31 energy facility or does not require the application outlined in this 32 subdivision. 33 5. Prior to any planned construction of a wind energy facility, an 34 applicant shall provide the local government or the board considering an 35 application with a map showing the specific location and tower hub 36 height, with rotor diameter, for each proposed wind turbine. 37 6. A local government or the board may not approve an application for 38 the construction of a wind energy facility unless the applicant provides 39 the following documentation: 40 (a) a completed department of defense siting clearinghouse formal 41 review; and 42 (b) a written determination of no hazard to air navigation issued by 43 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 44 Subpart D. 45 7. Notwithstanding subdivision six of this section, a local government 46 or the board may approve an application for the construction of a wind 47 energy facility conditioned upon the applicant providing the documenta- 48 tion set out in subdivision six of this section. 49 8. If any dispute arises between a local government or the board and 50 an applicant or military installation relating to the approval of any 51 tall energy structure, major renewable energy facility or wind energy 52 facility, the local government or the board shall provide notice to the 53 governor or the governor's designee to facilitate resolution of the 54 dispute. 55 9. A local government or the board shall not require any other formal 56 written approval from a military installation to approve an applicationA. 2273--B 3 1 for the construction of a tall energy structure, a major renewable ener- 2 gy facility or a wind energy facility. 3 § 2. This act shall take effect immediately.
