Bill Text: NY S00849 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes a wind siting designation board consisting of the department of environmental conservation's nine regional planning bodies each of which will consider applications on an individual basis and may consider designating areas within a region where it shall be impermissible to site a wind farm; outlines the nine regions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00849 Detail]

Download: New_York-2013-S00849-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          849
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         establishing a wind siting designation board
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new article 48 to read as follows:
    3                                 ARTICLE 48
    4                                 WIND SITING
    5  SECTION 48-0101. WIND SITING.
    6  S 48-0101. WIND SITING.
    7    1.  THE  WIND  SITING  DESIGNATION  BOARD IS HEREBY CREATED, AND SHALL
    8  CONSIST OF NINE REGIONAL PLANNING BODIES EACH OF WHICH SHALL BE  LOCATED
    9  WITHIN ONE OF THE DEPARTMENT'S NINE REGIONS PURSUANT TO SUBDIVISION FOUR
   10  OF  THIS SECTION.  EACH REGIONAL PLANNING BODY OF THE WIND SITING DESIG-
   11  NATION BOARD SHALL CONSIST OF THE REGIONAL DIRECTOR OF  EACH  DEPARTMENT
   12  OF ENVIRONMENTAL CONSERVATION REGION WITHIN SUCH REGIONAL PLANNING BODY;
   13  ONE MEMBER WHO SHALL BE DESIGNATED BY THE CHAIRMAN OF THE NEW YORK POWER
   14  AUTHORITY  AND  WHO  SHALL  RESIDE  WITHIN THE REGIONAL PLANNING BODY TO
   15  WHICH SUCH PERSON IS APPOINTED; ONE MEMBER WHO SHALL  BE  DESIGNATED  BY
   16  THE  CHAIRMAN  OF  THE  EMPIRE  STATE  DEVELOPMENT CORPORATION WHO SHALL
   17  RESIDE WITHIN THE REGION THE  REGIONAL  PLANNING  BODY  REPRESENTS;  AND
   18  THREE  MEMBERS  FROM  A  LOCAL  GOVERNMENT  ENTITY WITHIN THE REGION THE
   19  REGIONAL PLANNING BODY REPRESENTS, PROVIDED,  HOWEVER,  THAT  THE  THREE
   20  MEMBERS  SHALL  NOT  BE  FROM  THE SAME ORIGINATING ENTITY AND THAT SUCH
   21  MEMBERS SHALL BE APPOINTED IN JOINT AGREEMENT BY THE REGIONAL  DIRECTOR.
   22  MEMBERS  OF  THE  BOARD  SHALL  SERVE FOR A TERM OF SIX YEARS; PROVIDED,
   23  HOWEVER, THAT IF ANY MEMBER  SHALL  DISAFFILIATE  FROM  THE  ORIGINATING
   24  ENTITY FROM WHICH HE OR SHE WAS APPOINTED TO THE BOARD, THEN SUCH MEMBER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02879-01-3
       S. 849                              2
    1  SHALL  BE  TERMINATED FROM THE BOARD AND A NEW MEMBER SHALL BE APPOINTED
    2  FROM THE ORIGINATING ENTITY. EACH MEMBER OF THE BOARD SHALL BE  ENTITLED
    3  TO  DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR
    4  HER  PLACE,  AND TO VOTE OR OTHERWISE ACT ON HIS OR HER BEHALF IN HIS OR
    5  HER ABSENCE. NOTICE OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO
    6  THE BOARD BY THE DESIGNATING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE
    7  PLEASURE OF THE  DESIGNATING  MEMBER.  A  REPRESENTATIVE  SHALL  NOT  BE
    8  AUTHORIZED  TO  DELEGATE  ANY  OF  HIS OR HER DUTIES OR FUNCTIONS TO ANY
    9  OTHER PERSON.
   10    2. THE WIND SITING DESIGNATION BOARD SHALL RECEIVE  AND  CONSIDER  ALL
   11  APPLICATIONS  TO  SITE ANY WINDMILL OR WINDMILLS, ON AN INDIVIDUAL BASIS
   12  TO APPROVE OR DISAPPROVE AN INDIVIDUAL APPLICATION FOR WIND SITING.
   13    3. THE WIND SITING DESIGNATION BOARD MAY  CONSIDER  DESIGNATING  AREAS
   14  WITHIN A REGION WHERE IT SHALL BE IMPERMISSIBLE TO SITE A WIND FARM.
   15    4. THE NINE REGIONAL PLANNING BODIES SHALL BE AS FOLLOWS:
   16    (A) REGION ONE SHALL CONSIST OF NASSAU AND SUFFOLK COUNTIES;
   17    (B) REGION TWO SHALL CONSIST OF BROOKLYN, BRONX, MANHATTAN, QUEENS AND
   18  STATEN ISLAND;
   19    (C)  REGION THREE SHALL CONSIST OF DUTCHESS, ORANGE, PUTNAM, ROCKLAND,
   20  SULLIVAN, ULSTER AND WESTCHESTER COUNTIES;
   21    (D) REGION FOUR SHALL CONSIST OF ALBANY, COLUMBIA,  DELAWARE,  GREENE,
   22  MONTGOMERY, OTSEGO, RENSSELAER, SCHENECTADY AND SCHOHARIE COUNTIES;
   23    (E)  REGION  FIVE  SHALL  CONSIST OF CLINTON, ESSEX, FRANKLIN, FULTON,
   24  HAMILTON, SARATOGA, WARREN AND WASHINGTON COUNTIES;
   25    (F) REGION SIX SHALL CONSIST OF HERKIMER, JEFFERSON, LEWIS, ONEIDA AND
   26  ST. LAWRENCE COUNTIES;
   27    (G) REGION SEVEN SHALL CONSIST OF BROOME, CAYUGA, CHENANGO,  CORTLAND,
   28  MADISON, ONONDAGA, OSWEGO, TIOGA AND TOMPKINS COUNTIES;
   29    (H)  REGION  EIGHT  SHALL  CONSIST  OF  CHEMUNG,  GENESEE, LIVINGSTON,
   30  MONROE, ONTARIO, ORLEANS, SCHUYLER, SENECA,  STEUBEN,  WAYNE  AND  YATES
   31  COUNTIES; AND
   32    (I)  REGION  NINE  SHALL CONSIST OF ALLEGANY, CHAUTAUQUA, CATTARAUGUS,
   33  ERIE, NIAGARA AND WYOMING COUNTIES.
   34    S 2. This act shall take effect immediately.