Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities; requires written determination.
Summary
S02010 would add a new section to the Executive Law establishing state-level rules for reviewing certain energy projects near military operations. The bill covers three categories of projects: tall energy structures (energy-related structures 200 feet or higher), major renewable energy facilities, and wind energy facilities. It states that these projects may not encroach upon or adversely affect military operations or readiness at any military installation or branch of the military.
For tall energy structures and major renewable energy facilities, the bill requires applicants to obtain Federal Aviation Administration determinations of no hazard to air navigation and, where military impacts are identified in the FAA aeronautics study, a written determination resolving those impacts in coordination with the affected military installation and the state Division of Homeland Security and Emergency Services. For wind energy facilities, applicants must provide a site map with turbine locations and dimensions, a completed Department of Defense Siting Clearinghouse formal review, and an FAA no-hazard determination. Local governments and the state Board on Electric Generation Siting and the Environment may condition approval on later submission of required documents, but may not approve projects without the specified documentation unless the bill’s conditional approval provision applies.
Impact
The bill would create new procedural and substantive review requirements for siting certain energy projects under the Executive Law, affecting local governments, the state siting board, project developers, the FAA, the Department of Defense Siting Clearinghouse, and military installations. It would not directly ban these projects, but it would require additional federal and military-related findings before approval and would prohibit approval if a project would adversely affect military operations. It also limits local or board authority by stating that no other formal written approval from a military installation may be required, while providing for gubernatorial involvement if disputes arise.
Sentiment
No committee transcript or vote record is provided, so there is no documented floor or committee sentiment in the supplied materials. Based on the bill text alone, the measure appears to reflect a protective posture toward military readiness and aviation safety while also preserving a pathway for renewable energy development through formal review and mitigation procedures. The overall tone is regulatory and precautionary rather than prohibitive.
Contention
The likely point of contention is the balance between military readiness and energy development. Supporters would likely emphasize protecting air navigation, defense operations, and military installations from interference by tall structures and wind projects. Opponents or affected developers may object that the bill adds another layer of review, could delay siting approvals, and gives military-related concerns substantial leverage over renewable energy projects. Another possible issue is the breadth of the prohibition on adverse impacts and the requirement for coordination with military installations, which could be seen as creating uncertainty for project approval standards.
Same As
Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities; requires written determination.
Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities; requires written determination.
Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities.
Relates to the encroachment or adverse effect upon military operations by tall energy structures, major renewable energy facilities or wind energy facilities.
Wind energy facilities; prohibiting construction or modification of wind energy facilities with respect to certain military facilities; adverse impact; application; information; fines; civil action; effective date.
Wind energy facilities; prohibiting construction or modification of wind energy facilities with respect to certain military facilities; adverse impact; application; information; fines; civil action; effective date.
Green energy setbacks; creating setback requirements for certain solar energy farms; modifying setback provisions for wind energy facilities; effective date.