Bill Text: NY S06718 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a moratorium on the building or placing of any permanent or semi-permanent wind turbine on bodies of freshwater located within the state and within the jurisdiction and control of the state.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-08-11 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06718 Detail]

Download: New_York-2019-S06718-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6718

                               2019-2020 Regular Sessions

                    IN SENATE

                                   September 16, 2019
                                       ___________

        Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing  a moratorium on the building or placing of any permanent
          or semi-permanent wind turbine on bodies of freshwater located  within
          the state or off the coastline

          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 section 13-0107 to read as follows:
     3  § 13-0107. Moratorium on building or placing wind turbines.
     4    1.  For  purposes  of  this section, "federal waters" shall mean those
     5  waters and submerged lands lying seaward to the state waters of New York
     6  that appertain to the United States and are subject to federal jurisdic-
     7  tion and control.
     8    2. (a) Notwithstanding any provision of law to the contrary, there  is
     9  hereby  established a moratorium, for an indefinite period of time, upon
    10  the building or placing of any permanent or semi-permanent wind  turbine
    11  on  all  bodies  of  freshwater  located within the state and within the
    12  jurisdiction and control of the state.
    13    (b) Notwithstanding any provision of law to  the  contrary,  there  is
    14  hereby  established a moratorium, for an indefinite period of time, upon
    15  the building or placing of any infrastructure used to support  a  perma-
    16  nent  or semi-permanent wind turbine located in federal waters or waters
    17  under the jurisdiction and control of another state, when  such  infras-
    18  tructure enters or passes through a body of freshwater within the juris-
    19  diction and control of the state.
    20    3.  This  section shall be subject to any applicable provisions of the
    21  state environmental quality  review  act,  article  ten  of  the  public
    22  service law, and any local zoning or permitting laws or ordinances.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13749-05-9

        S. 6718                             2

     1    4.  Such  moratorium  shall  not be lifted without the consent of both
     2  houses of the legislature by a majority vote in each house. The legisla-
     3  ture may require any additional data or information that it deems neces-
     4  sary to make a decision if such moratorium shall be lifted.
     5    § 2. This act shall take effect immediately.
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