NYS Association of Towns to all Town Supervisors

Dear Supervisor:

If you are concerned about the siting of power plants in your town then you should consider the information contained in this letter and contact your state senator and member of the assembly.

The New York State Legislature is currently negotiating a renewal of Article X of the Public Service Law which will put in place a new State Permit for the siting of power plants. Towns have had the authority to site power plants off and on over the years. Most recently with the expiration of the State power siting legislation on December 31, 2002 towns have spent considerable time and expense developing and implementing local laws to site large-scale wind turbine power generation facilities (wind-farms). The legislation currently under consideration by the Legislature will preempt local authority over the siting of wind-farms in favor of the "stream-lined" state siting policy.

The Article X siting process as proposed affords local governments a limited role in the process. The siting of large-scale power plants (wind, coal, natural gas, oil, solar, nuclear) will be processed by a State siting board made up of the heads of various state agencies and two local resident ad hoc members. Although the State siting board must consider local laws (including zoning) in the review of an Article X application, the board may supersede (ignore) local laws. Local Governments may participate as an intervenor which entitles them to access a pool of money funded by the applicant to assist in funding technical advisors to help the local government review and comment on the power plant application. We have informed the Governor and the Legislature that the siting of large-scale wind turbine projects should remain under local control. While we oppose any such action, if local siting control is preempted, we have alternatively suggested that the State Siting Board must site power plants in accordance with local zoning laws. In addition, we have suggested that local governments should have an official seat on the State siting board as one of the two ad hoc members. We have further suggested that fifty percent of the intervenor fund should be set aside for municipal purposes and that intervenor funds should be used for legal fees as well as technical review. Finally, we have suggested that applicants should be required to negotiate community host agreements with affected local governments.

Although the purpose of Article X is to provide power generation producers with a streamlined one stop application process we believe that local governments should be formally included in the process. I encourage you to contact the Governor, your State Senator and State Assembly Member and members of the joint legislative conference on energy to express your concerns regarding the Article X power plant siting policy.

Kindest regards,

G. Jeffrey Haber
Executive Director