Bill Text: NY S00592 | 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: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S00592 Detail]
Download: New_York-2023-S00592-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 592--C 2023-2024 Regular Sessions IN SENATE 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: 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00601-10-3S. 592--C 2 1 approving an application for the construction of a tall energy structure 2 shall require the applicant to provide the local government or the board 3 with the following: 4 (a) a written determination of no hazard to air navigation issued by 5 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 6 Subpart D; and 7 (b) in coordination with any affected military installation and the 8 state division of homeland security and emergency services, a written 9 determination resolving any adverse impact to military operations iden- 10 tified during the aeronautics study conducted pursuant to 14 C.F.R. 11 Part 77, Subpart D. 12 A proposed tall energy structure shall be subject to the provisions of 13 subdivision two of this section even if the local government or the 14 board either does not require an application prior to the construction 15 of a tall energy structure or does not require the application outlined 16 in this subdivision. 17 4. The board, prior to approving an application for the construction 18 of a major renewable energy facility shall require the applicant to file 19 an application with the Federal Aviation Administration under 49 U.S.C. 20 § 44718, and provide the board with the following: 21 (a) a written determination of no hazard to air navigation issued by 22 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 23 Subpart D; and 24 (b) in coordination with any affected military installation and the 25 state division of homeland security and emergency services, a written 26 determination resolving any adverse impact to military operations iden- 27 tified during the aeronautics study conducted pursuant to 14 C.F.R. 28 Part 77, Subpart D. 29 The major renewable energy facility shall be subject to the provisions 30 of subdivision two of this section even if the board either does not 31 require an application prior to the construction of the major renewable 32 energy facility or does not require the application outlined in this 33 subdivision. 34 5. Prior to any planned construction of a wind energy facility, an 35 applicant shall provide the local government or the board considering an 36 application with a map showing the specific location and tower hub 37 height, with rotor diameter, for each proposed wind turbine. 38 6. A local government or the board may not approve an application for 39 the construction of a wind energy facility unless the applicant provides 40 the following documentation: 41 (a) a completed department of defense siting clearinghouse formal 42 review; and 43 (b) a written determination of no hazard to air navigation issued by 44 the Federal Aviation Administration pursuant to 14 C.F.R. Part 77, 45 Subpart D. 46 7. Notwithstanding subdivision six of this section, a local government 47 or the board may approve an application for the construction of a wind 48 energy facility conditioned upon the applicant providing the documenta- 49 tion set out in subdivision six of this section. 50 8. If any dispute arises between a local government or the board and 51 an applicant or military installation relating to the approval of any 52 tall energy structure, major renewable energy facility or wind energy 53 facility, the local government or the board shall provide notice to the 54 governor or the governor's designee to facilitate resolution of the 55 dispute.S. 592--C 3 1 9. A local government or the board shall not require any other formal 2 written approval from a military installation to approve an application 3 for the construction of a tall energy structure, a major renewable ener- 4 gy facility or a wind energy facility. 5 § 2. This act shall take effect immediately.
