Sunday, February 10, 2008

A Wind Storm: Pros and cons on Jordanville project by Martha H. Frey

New York state communities are being torn apart by wind power projects, both proposed and constructed. The rift left behind could last for generations to come and extends well beyond municipal boundaries. It’s clear that we have to approach wind power in a very different way if we don’t want to divide communities statewide.

Like the Hippocratic oath, “first, do no harm,” we should approach wind power development with the careful consideration that we would any large-scale industrial development.

First, let’s step away from the mudslinging, the rhetoric that is both pro and con wind power, and look at the facts:
* Large, industrial-scale wind power developments are Type I Actions under the New York State Environmental Quality Review Act (SEQRA).

* Type I Actions are the kinds
of projects that are likely to have significant environmental impacts.

* These impacts can be far-reaching — affecting communities beyond the project area and a project’s host community. For wind power, they can include adverse impacts to agricultural lands, forests, birds and bats, water resources, transportation systems, cultural and historic resources, noise, sensitive scenic resources, local economies and real estate values.

* All significant impacts must be thoroughly examined and mitigated in an Environmental Impact Statement.

Now let’s look at the current situation of the Jordanville Wind Power Project (Jordanville Wind, LLC) proposed to be sited in the Towns of Warren and Stark by its parent and associate corporation Community Energy, Inc. and Iberdrola Renewable Energies USA, Ltd. A small number of citizens in the towns of Warren and Stark spoke up during the review process and raised serious questions about the environmental impacts of the project. The town boards pressed ahead and approved the project.

The citizens, with the help of Otsego 2000, Advocates for Stark and Advocates for Springfield initiated an Article 78 lawsuit. An Article 78 lawsuit seeks to challenge a local municipal decision made in error or illegally. This past December, the petitioners won, proving that the town of Warren, as the lead agency for the project, had failed to adequately explore environmental impacts or mitigate them, and that both town boards had violated the Open Meetings Law. Lawsuits are a last resort to enforce the law; no one took the lawsuit lightly.

Most disturbing about the Jordanville project is that people who supported the proposed development because of its environmental benefits seem to have turned their backs on the environment at the same time.

While proponents recognized wind power pluses, they ignored its impacts on historic resources, bats and birds, and water resources, and its noise. So it’s OK to violate SEQRA in the name of wind power? If we start going down that slippery slope, we may just undermine some of the most important legislation we have to protect the public interest. This doesn’t mean that wind power cannot be developed in New York state, but we must do a better job to address all impacts and let the process be as open as possible. If this means altering projects so they are a better fit—by moving turbine locations or reducing the overall size of a project—then so be it.

Statewide siting guidelines would help establish where wind power projects should go so they are the best fit for Upstate New York. These guidelines could become part of the new Article X legislation, a statewide law currently being redrafted for all energy projects. Siting guidelines would help protect a wide range of community and regional resources that are typically affected by wind power projects. It would also guarantee that those relying on Home Rule and ignoring the effects of projects outside the local town boundaries would have to look beyond their own municipal boundaries to their neighbors. It might also mean there would be less potential for the conflicts of interest that seem to plague these projects, a not uncommon situation in many small communities.

Article X could be structured to allow municipalities to adopt their own local wind power legislation that is more protective of resources, so siting guidelines could be used as a sound starting point.

If we simply go for the low-hanging fruit and think wind power will save our communities and bring newfound wealth, we’re missing the mark in Upstate New York. Sure a few property owners will have extra income, and host communities may broker a Payment in Lieu of Taxes (PILOT) agreement, but then what? Are we selling out too soon for too little?

The lure of easy money for economically depressed communities isn’t enough.

On the heels of Gov. Spitzer’s State of Upstate address, we must all realize that the revitalization of upstate New York will take much more than a one-note wind power strategy. More likely, leaders statewide will have to look to a multi-dimensional approach to solve Upstate’s economic quagmire.

In fact, the kinds of huge wind power projects that are being proposed throughout Upstate New York will harm some economic development opportunities. Tourism in rural New York—a multi-million dollar economic engine— is dependent to a large extent on its scenic value and its outstanding cultural sites and area attractions. Those who don’t see tourism as part of an
Upstate economic strategy are just as wrong as those who see it as the only strategy.

A balance must be met to ensure that Upstate has a range of economic development strategies that fit our needs. Now is the time to extend the olive branch and work together toward a solution we can all live with.

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