NY's CLIMATE ACTION COUNCIL ("CAC" or "the Council")

The Climate Leadership and Community Protection Act (Climate Act) was signed into law in 2019 (see history below) as one of the most ambitious climate laws in the world. The law created the Climate Action Council (the Council), which is tasked with developing a Draft Scoping Plan that serves as an initial framework for how the State will reduce greenhouse gas emissions and achieve net-zero emissions, increase renewable energy usage, and ensure climate justice. On December 20, the Council voted to release the Draft Scoping Plan for public comment. The Council will develop and release a final scoping plan by January 1, 2023.


The Climate Action Council Draft Scoping Plan documents can be found online here:
https://climate.ny.gov/Our-Climate-Act/Draft-Scoping-Plan


PUBLIC COMMENT PERIOD
New Yorkers are encouraged to comment on the Draft Scoping Plan during the public comment period, which began January 1, 2022, and has be extended through July 1, 2022. Public comments can be submitted…




- via the online public comment form found here:
https://nyserda.seamlessdocs.com/f/DraftScopingComments

- via email at:
scopingplan@nyserda.ny.gov

- via U.S. mail:
Draft Scoping Plan Comments
NYSERDA
17 Columbia Circle
Albany, NY 12203-6399




MAKE YOUR VOICE HEARD

We would like to alert you to the New York State Climate Action Council (CAC) Draft Scoping Plan which was released 6 months ago.  It will serve as the State’s recommended blueprint for achieving its fanciful greenhouse gas emissions reductions and zero-emissions power generation requirements. 

It may be well-meaning, but this Plan would mean higher energy and consumer costs for you, and includes a dramatic expansion of large scale renewable development (wind, solar, battery energy storage systems) throughout the North Country.  Some of the CAC’s proposal include: no gas (natural or propane) within newly constructed buildings beginning in 2024; no new gas service to existing buildings beginning in 2024; no new gas appliances for home heating, cooking, water heating, or clothes drying starting in 2030; no gasoline-automobiles sales by 2035. The CAC draft proposes requiring installation of all electric heat pumps for your primary heat source, and envisions reducing your reliance on wood for heating your home.  

New Yorkers are encouraged to comment on the Draft Scoping Plan during the public comment period, which began January 1, 2022, and has been extended through July 1, 2022. CCRP would like to encourage as many individuals as possible to submit a comment using the online comment form available at NYSERDA https://nyserda.seamlessdocs.com/f/DraftScopingComments before the deadline date of Friday, July 1st, 2022

In addition, it would be very helpful for you to email NY Senator Dan Stec to thank him for committing to fighting for North Country citizens, and protecting us from the proposed Climate Action Council’s Scoping Plan: stec@nysenate.gov

Section 94-c of the New York State Executive Law

The draft regulations and draft uniform standards and conditions are available online at the Office of Renewable Energy Siting “Regulations” page, and are downloadable PDF documents:
https://ores.ny.gov/regulations


They are:
Draft Regulations Chapter XVIII Title 19 (Subparts 900-1 – 900-5; 900-7 – 900-14): https://ores.ny.gov/system/files/documents/2020/09/draft-regulations-chapter-xviii-title-19-subparts-900-1-900-5-900-7-900-14.pdf

Draft Regulations Chapter XVIII Title 19 (Subparts 900-6): https://ores.ny.gov/system/files/documents/2020/09/subpart-900-6.pdf



The Office will seek public comment during the initial development of uniform standards and conditions through five public hearings across the state as well as two virtual public hearings, while complying with public health and safety guidelines due to the circumstances presented by the COVID-19 pandemic. The public hearings schedule is posted online at:

https://ores.ny.gov/events



All stakeholders and the public have an opportunity to formally submit comments on the draft regulations using an ORES online form by the following dates:


Chapter XVIII Title 19 (Subparts 900-1 – 900-5; 900-7 – 900-14) until December 7, 2020:

http://ores.ny.commentinput.com/?id=3NhHK


and the draft uniform standards and conditions Chapter XVIII Title 19 (Subparts 900-6) until December 7, 2020: http://ores.ny.commentinput.com/?id=86Ex2

The Governor’s rationale for Article 23:
Because of the Climate Leadership and Community Protection Act New York has set a target of obtaining 70% of its energy from green sources by 2030 and 100% renewables by 2040. The governor believes these goals will not be met without speeding up the process. The previous process known as Article 10 took towns, citizens, property rights, and the environment into consideration when siting potential industrial energy facilities, respecting Home Rule.


But DID YOU KNOW...

That Gov. Andrew Cuomo has included the Accelerated Renewable Energy Growth and Community Benefit Act as part of a 30-day budget amendment known as Article 23. This amendment is to the Transportation, Economic Development and Environmental Conservation (TED) bill. The Accelerated Renewable Energy Growth and Community Benefit Act, unveiled last week in a 30-day budget amendment is now included in the governor’s 2020-21 budget proposal.


Cuomo proposes consolidating the environmental review and permitting of major renewable energy facilities in New York State into a new office of Renewable Energy Siting, as opposed to the state Public Service Commission (PSC). The new office of Renewable Energy Siting will be able to set uniform standards for siting, design, construction, and operation of renewable energy facilities in consultation with NYSERDA, the state DEC, Public Service Department, Department of Agriculture and Markets and other relevant state agencies and authorities.

The PSC is essentially removed from siting authority, bypassing the current Article 10 for industrial wind and solar projects.

Under the guise of this last-minute amendment to the state budget process, Governor Cuomo is attempting to accelerate renewable energy development at the expense of our towns, our citizens, and our environment. This rushed action will not allow public hearings or the ability for the public to comment before the April vote in the State Assembly and Senate.


______________________________________
document links:
FY 2021 Executive Budget Legislation Amendments

https://www.budget.ny.gov/pubs/archive/fy21/exec/fy21bills.html


Transportation, Economic Development and Environmental Conservation (TED) Bill (Article 23) https://www.budget.ny.gov/pubs/archive/fy21/exec/30day/ted-artvii-newpart-jjj.pdf

______________________________________



articles - in the news


February 25, 2020

Cuomo 'power play' threatens home rule
NEW YORK: Governor pushing to take control of 'green' power sites.

www.lockportjournal.com/news


February 25, 2020
ENERGY TRANSITIONS
N.Y.'s plan to fast-track renewables could get 'ugly'

https://www.eenews.net

February 24, 2020
Hodgson Russ Renewable Energy Alert

Governor Cuomo Proposes Major Overhaul of Large-Scale Renewable Energy Project Permitting

https://www.hodgsonruss.com


February 24, 2020

Permitting for big wind farms could get a lot faster under new Cuomo proposals

https://www.northcountrypublicradio.org/news


February 25, 2020

Cuomo wants more state control of solar, wind energy permits

https://buffalonews.com


February 24, 2020

NIAGARA COUNTY: Group formed to confront large-scale renewable proposals.

https://www.niagara-gazette.com/news


February 27, 2020

‘Existential Challenge’
Cuomo Seeks Stronger State Control Over Permits

https://www.post-journal.com/news


February 27, 2020

Wind, solar developers happy with Cuomo plans to speed approvals

https://www.timesunion.com/news/


March 4, 2020 News & Opinion » News
Local governments wary of Cuomo’s renewables review plan
https://www.rochestercitynewspaper.com/


March 6, 2020
EDITORIAL: Push for more control of energy projects troubling
https://dailygazette.com


Complete List of


ELECTED REPRESENTATIVES FOR
NEW YORK STATE
BY OFFICE AND DISTRICT
(as of January 03, 2020)

Jun 25, 2020 - In New York, The Town Of Freedom Isn’t Free From Big Wind
https://www.forbes.com/


June 1, 2020
In New York and New England, Wind Energy Projects Are “Like Siting Landfills. Nobody Wants Them.”  New York is becoming a wind-energy plantation for New England.


"New Englanders like the idea of wind energy they just don’t want any wind turbines in New England. So they are putting them in New York."
https://www.realclearenergy.org

article 23

ALERT!   Deadline for comments:  July 1, 2022

Protect Your Town

Industrialized wind and solar coming to your small community soon. Learn how and why to take steps to protect your town.

Dissecting Article 23 and Possible Consequences

- Article 23, should lawmakers accept it, is sweeping in its scope and changes all aspects of how power plant siting (including industrial scale wind and solar projects) are permitted and approved. It eliminates the role of local zoning laws, allows for eminent domain takings of land, guts critical environmental review, and limits a town’s taxation and assessment powers and ability to negotiate host community agreements.

- Creates new office of Renewable Energy Siting (RES)

- Article 10 largely replaced by new Empire State Development (ESD) siting process for all projects greater than 10 MW. It would reduce the megawatt threshold of projects that may seek a permit at the state level, as opposed to through local zoning and a State Environmental Quality Review Act process, from 25 megawatts to 10 megawatts. The governor’s proposal also directs the New York State Energy and Research Development Authority (NYSERDA) to develop sites to construct renewable energy sites that would include site control and agreements with the power grid and local tax entities. Municipalities and local industrial development agencies would have to consult with NYSERDA in setting payment in lieu of taxes agreements while the state would create what the governor terms a “more uniform real property value assessment methodology” for solar and wind projects.

- No more public participation or intervenor funds for public intervenor parties. The proposed changes will alienate local constituents by excluding them from the siting process entirely. Individuals and public interest groups would be excluded from the Article 23 Siting Proceeding. This is a complete reversal of one of Article 10’s primary goals, which is to facilitate meaningful public participation in the siting process.

- Public comments amounting to general opposition will carry no weight.

- No hearings unless town can show “serious and substantial” impact.

- All local laws can be waived by ESD (not the Siting Board) as unreasonably burdensome “in view of the Climate Leadership and Community Protection Act (CLCPA) targets and the environmental benefits of the proposed major renewable energy facility.

- Projects not approved or denied within 1 year are deemed approved.

- New York State Energy and Research Development Authority (NYSERDA) will be taking control of PILOTS and setting standard statewide rates. Cuomo’s proposed changes will result in financial benefits to out-of-state energy developers at the expense of local governments and citizens. The changes will authorize the state (rather than the counties, towns and school districts) to cap PILOTs (payments in-lieu of taxes), to standardize the methodology for assessing property values with wind and solar energy facilities, and to create generic permitting conditions that could eliminate a municipality’s ability to identify and study the local conditions and problems that may require mitigation.

- Local impacts will be addressed by reductions in local electrical rates handed out by the PSC.

- New York Department of Environmental Conservation (DEC) will be handling a net conservation benefit fund to offset environmental impacts (Monetary fund as a substitute for physical mitigation).

- All projects will be subject to standard certificate conditions regardless of local impact. The proposed changes will exempt developers from a rigorous review of local environmental impacts through reliance on state-wide, yet-to-be-determined conditions and automatic approval provisions.

- In a process entirely separate from the new ESD siting process, NYSERDA/NYPA (New York Power Authority) and possibly local IDA’s (Industrial Development Agencies) will have the power to acquire land (perhaps through eminent domain?) for “shovel ready” project sites that would not be subject to either Article 10 or ESD review. The New York State government will be selecting the developer, essentially picking winners, or losers… remember the Buffalo Billions solar debacle. https://nypost.com/2019/02/15/worse-than-amazon-cuomos-buffalo-billion-just-went-bust/

- Article VII is also being beefed up for expedited transmission line build out, including underwater transmission lines.

- There are numerous changes to Real Property Tax Law (RPTL) 487, (currently provides tax exemption)

- Any projects currently in Article 10 can choose to change over to the new ESD process.

April 3, 2020 - New Siting Law

The current text of NY's new renewable energy siting law takes up several pages of the 260 page budget bill (S. 7508-B and A. 9508-B).  to download 20 page pdf excerpt of lauguage - click here 

New York State Wind Energy Generation by Project: 2009-2018

June 2022

NEW YORK STATE POWER GRAB

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Protect your Property Rights

SOME HISTORY…
As many of you may know, Governor Cuomo’s updated green energy goals will fast track the state’s energy production coming from renewable sources by 2040. The Climate Leadership and Community Protection Act (CLCPA), which was passed by the legislature and signed by Governor Cuomo in 2019, has set New York’s target of obtaining 70% of its energy from renewable energy sources by 2030 and seeks to be 100% emission free by 2040.

The governor believes these goals will not be met without speeding up the process of installing industrial scale wind projects like North Ridge Wind, large scale solar, and industrial-sized battery energy storage facilities. The previous process known as Article 10 took towns, citizens, property rights, and the environment into consideration when siting potential industrial energy facilities, respecting Home Rule.

But, DID YOU KNOW...
Governor Andrew Cuomo included the Accelerated Renewable Energy Growth and Community Benefit Act (AREGCBA) as part of a 30-day budget amendment (known as Article 23) which was passed into law on April 3rd of this year. Now, formally called Section 94c, this creates a new, separate environmental review and permitting regime for renewable energy projects. A new Office of Renewable Energy Siting (ORES) has been established to set the uniform standards for siting, design, construction, and operation of renewable energy facilities by consolidating the environmental review and permitting of major renewable energy facilities in New York State.


The Public Service Commission (PSC) is essentially removed from siting authority, bypassing the current Article 10 regulations for industrial wind and solar projects.

Within one year of the Act’s passage, the Office of Renewable Energy Siting (ORES) is required to promulgate regulations to implement the Accelerated Renewable Energy Growth and Community Benefit Act (AREGCBA), and that time has come.


On September 16, 2020, the Office issued draft regulations and uniform standards and conditions for public comment.

On July 18, 2019, Climate Leadership and Community Protection Act (Climate Act) was signed into law. New York State’s Climate Act is the among the most ambitious climate laws in the world and requires New York to reduce economy-wide greenhouse gas emissions 40 percent by 2030 and no less than 85 percent by 2050 from 1990 levels. The law creates a Climate Action Council charged with developing a scoping plan of recommendations to meet these targets and place New York on a path toward carbon neutrality.

articles

 April 3, 2020

draft regulations

March 3, 2021

So what is the real reason for these types of renewables?


Subsidy mining? Faced with the inefficiency facts there seems to be no other explanation.

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WCNY Radio Associations of Towns interview

December 11, 2021
Unrealistic beliefs in climate law
https://www.timesunion.com


July 5, 2021
State hired consulting firm to write new green energy rules, lawsuit charges
https://buffalonews.com

June 30, 2021
Lawsuit blasts New York for allowing solar, wind farms with no local say Plaintiffs who oppose solar, wind projects say state has eliminated home rule
https://www.timesunion.com

June 03, 2021
California May Be Crazy In Its "Climate" Initiatives, But New York Wants To Be Even Crazier
https://www.manhattancontrarian.com

creation of new "Office of Renewable Energy Siting (ORES)"

September 16, 2020

June 1, 2020, Robert Bryce

"New Englanders like the idea of wind energy they just don’t want any wind turbines in New England. So they are putting them in New York."

January - March 2020

REDLINING NEW YORK COMMUNITIES ?

New York's Climate Targets

- 85% Reduction in GHG Emissions by 2050
- 100% Zero-emission Electricity by 2040
- 70% Renewable Energy by 2030
- 9,000 MW of Offshore Wind by 2035
- 3,000 MW of Energy Storage by 2030
- 6,000 MW of Solar by 2025
- 22 Million Tons of Carbon Reduction through Energy Efficiency and Electrification

November 2020

NY Senator James Seward... "This proposal runs roughshod over local residents and local governments... That runs contrary to our home-rule traditions in New York state."

New draft regulations "Page-by-Page"


Review these concerns and know how your NY town will be adversely effected by these new regulations.

CONTACT:


NY Assembly Bill A09508 (260 pages)

The renewable siting language begins on page 103 thru 122 under Part JJJ, of Assembly bill A09508 and can be found at this source:

https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=A09508&term=2019&Summary=Y&Text=Y

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July 18, 2019

new renewable energy siting regulations

podcast

GOVERNOR CUOMO'S POWER GRAB

WHY YOUR TOWN WILL BE A TARGET

CALL TO ACTION:

When the new Office of Renewable Energy Siting (ORES) released new draft regulations September 16, 2020 there was an opportunity for the public to comment (https://ores.ny.gov/resources). Your comments were included with scores of others (https://ores.ny.gov/public-comments).

ORES released their 174 page response (assessment) to those thousands of public comments in early 2021 (https://ores.ny.gov/system/files/documents/2021/03/assessment-of-public-comments_chapter-xviii-title-19-of-nycrr-part-900-subparts-900-1-through-900-15.pdf).

The final Section 94-c regulations (143 pages) became effective on March 3, 2021, and now replace the Article 10 process. (https://ores.ny.gov/system/files/documents/2021/03/chapter-xviii-title-19-of-nycrr-part-900-subparts-900-1-through-900-15.pdf)

Accelerated Renewable Energy Growth and Community Benefit Act

Urge your local government to adopt a Moratorium on wind and solar development to allow them time to research and create laws that will protect you from many negative health, environmental, and economic impacts.

Climate Action Council Draft Scoping Plan

articles

"

VIEW CONCERNS:

Redlining practice that grants open season for developers to target certain economically challenged upstate areas – areas where the power generation is already clean and not needed

Northern NY Wind

The Climate Leadership and Community Protection Act (CLCPA)

New draft regulations "Page-by-Page"
Know how your NY town will be adversely effected.

and what it will mean for you

New York State Wind Energy Generation by Project: 2009-2018

Final Renewable Energy Siting Regulations

NY Senator Rob Ortt "...eviscerates home rule and local input, and that should concern every county executive, every mayor and every supervisor regardless of political party."

When you take a close and careful look at the land mass of New York State it is clear to see that the potential for large scale wind development is very limited.  We persist with aggressive efforts under state renewable energy goals to build out wind power in the State.  But when you consider honestly where that is likely or even possible to happen, much less fair, it is realistically very constrained, and highly suspect from the standpoint of environmental justice.

For both commonsense and fairness we should start by looking at where in New York additional electric power generation is needed, and particularly where clean power is needed. The answer to that question is clearly downstate.

Should not then all open space in downstate areas be utilized first for new generation sites?  If the State is reluctant to override what it knows will be intense local opposition in the New York City area, Long Island and the Hudson Valley, where the power is needed and where existing generation is primarily fossil fueled, then it is indisputably the case that the State has essentially accepted the reality of a redlining practice that grants open season for developers to target certain economically challenged upstate areas – areas where the power generation is already clean and not needed, and where the populace lacks the economic power to fight back convincingly against development of those projects.

This is de facto energy redlining of New York – marking off for unprecedentedly intrusive (big, loud and ugly) industrial development, areas of the State that have marginal political clout based on socio/economic factors more than anything else.


Let’s scan the map of New York. Let’s break down the potential for wind power development (on land) in New York State on a county by county basis.

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Gerry Geist, Executive Director of the Association of Towns notes, "... proposal empowers the state to supersede the zoning laws enacted by local governments."

What you need to know about Industrial Wind Farms

Information Alert for all New York State Towns

WCNY Radio
The Capitol Pressroom, Syracuse, NY
Feb. 25, 2020: New siting rules and the impact on towns. https://www.wcny.org
New changes to siting rules in the state could have an impact on New York’s towns. Gerry Geist, Executive Director of the Association of Towns of the State of New York, and Sarah Brancatella, the organization’s Legislative Director and Counsel, weighed in on the decision.

Learn why the newly proposed NY noise levels and setbacks are not appropriate for our towns, and how they will restrict your property rights in favor of an industrial energy plant. Read & share this crucial information every NY town & citizen needs to know now.


This document was sent to hundreds of towns across New York State. Ask your local officials to act on this valuable information.

Jun 15, 2022

Another Voice: Upstate New York will foot the bill for downstate's clean energy costs

https://buffalonews.com/opinion/


May 24, 2022

Fuzzy Math: The Climate Action Council’s $260 Billion Mistake

https://www.empirecenter.org/

May 17, 2022

Guest Commentary: Solar, wind cannot meet New York's energy needs

https://www.thedailystar.com/opinion


May 2, 2022

New Yorkers Deserve a Choice of Gas Heat or Electrification

https://www.empirecenter.org


April 30, 2022

Missing the Point: One year ago, New York made a fateful and fallacious decision to pull the plug on a reliable, zero-emission power source

https://www.nydailynews.com/opinion/


April 19, 2022

National Grid says heating customers could go all renewable by 2050... A new heat pump installed at a home can cost $30,000

https://www.timesunion.com/business/article


February 1, 2022

Commentary: There’s a big supply problem in New York’s energy plan.  The plan shows a gap of 15-25 gigawatts of electricity production...

https://www.timesunion.com/opinion/article


January 15, 2022

New York State’s new climate plan is a bunch of electric schlock

https://nypost.com


January 12, 2022

Climate Act Accounting Overstates Benefit to New Yorkers

https://www.empirecenter.org/

January 4, 2022
NY's climate council wants heat pumps to heat all new homes by 2024. The council recommends the adoption of state codes prohibiting propane, gas and oil equipment from being installed in new single-family homes...

https://www.timesunion.com/environment/article


December 26, 2021

Climate Action plan lays out New York's clean energy future...
But details over mix of fuels and how to pay for changes remain unresolved

https://www.timesunion.com/news/


December 1, 2021
Commentary: Unrealistic beliefs in climate law

New Yorkers should be on high alert ...

https://www.timesunion.com/opinion/article

November 22, 2021

Green Scheme: The Climate Action Council’s Climate Transition Cost Analysis

https://www.empirecenter.org/publications

October 16, 2021

Plug-in cars are the future. The grid isn’t ready.

https://www.washingtonpost.com/business


April 21, 2021

Commentary: Nuclear power must be part of New York’s plan

https://www.timesunion.com/opinion/article