In the context of wind energy facility siting, the relevant New York State Association of Towns 2009 Legislative Resolution is a continuation of its 2008 resolution. Towns want to ensure their role in facility siting.
Whereas, the New York State Public Service Commission (PSC) adopted a new renewable energy policy which includes wind energy facilities (WEFs) on September 22, 2004 that requires 25 percent of the State’s electricity to be supplied from renewable energy sources by 2013; and
Whereas, the proper regulation of the siting and installation of WEFs is necessary for the purpose of protecting the health, safety and welfare of neighboring property owners and the general public; and
Whereas, local governments have successfully developed, implemented and administered local WEF siting laws and policies with the input and guidance of local taxpayers, residents, business and agricultural representatives, environmentalists, energy generators, planners and lawyers; and
Whereas, Article X of the Public Service Law (PSL), which set forth the siting procedure to construct and operate major power generation facilities with a capacity of 80 megawatts or more expired December 31, 2002, thereby requiring electric generating project developers to undergo local zoning review and environmental review pursuant to the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law); now therefore be it
Resolved, that the Association of Towns calls upon the Governor, State Legislature and State Agencies to develop new laws and regulations that will preserve local authority over the siting of WEFs and that will provide local government officials from a host municipality with a seat on the New York State Board on Electric Generation Siting and the Environment (Siting Board).