Relates to the development of uniform standards for the coloring of wind turbine rotor blades, to avoid or minimize, to the maximum extent practicable, any bird collisions arising from the siting, design, construction and operation of a major renewable energy facility utilizing wind turbines.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1903A
SPONSOR: Glick
 
TITLE OF BILL:
An act to amend the executive law, in relation to the development of
uniform standards for the coloring of wind turbine rotor blades
 
PURPOSE:
To develop uniform standards for the coloring of wind turbine rotor
blades at major renewable energy facilities in order to minimize bird
collisions.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 3 of section 94-c of the executive law by
adding new paragraph c-1, directing the Office of Renewable Energy
Siting to establish uniform standards for the coloring of wind turbine
rotor blades in order to minimize bird collisions.
Section 2 sets the effective date.
 
JUSTIFICATION:
Birds serve several important functions in our ecosystem. They pollinate
plants and disperse seeds, keep pests in check, and are used as indica-
tors of overall environmental health due to their sensitivity to changes
in habitat. In addition to their ecological importance, birds are appre-
ciated for their beauty; the US Fish and Wildlife Service estimates that
birdwatching tourism of 47 million birders generated $13 billion in
federal, state, and local tax revenue nationwide in 2011.
As New York moves toward meeting the goals set out in the Climate Lead-
ership and Community Protection Act, wind turbines will grow in impor-
tance and ubiquity around the state. The US Fish and Wildlife Service
estimates that up to 500,000 bird deaths per year are attributable to
collisions with wind turbines. Research has demonstrated that coloring
one turbine blade can lower bird collisions by up to 72% compared to
wind turbines with no colored blades. As major renewable energy facili-
ties begin to be sited across the state, it is important that such
large-scale sites that utilize wind turbines take full advantage of
available research to minimize unintended damage to the environment,
including the health of bird populations.
 
LEGISLATIVE HISTORY:
2021-22: A.6952 Advanced to third reading
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after a
determination has been made by the federal aviation administration to
allow for the coloring of wind turbine rotor blades; provided, however,
that:
(a) the office of renewable energy siting shall notify the legislative
bill drafting commission upon the occurrence of such determination made
by the federal aviation administration to allow for the coloring of wind
turbine rotor blades in order that the commission may maintain an accu-
rate and timely effective database of the official text of the laws of
the State of New York in furtherance of effecting the provisions of
section 44 of the legislative law and section 70-b of the public offi-
cers law; and
(b) the amendments to subdivision 3 of section 94-c of the executive law
made by section one of this act shall not affect the expiration of such
section and shall be deemed to expire therewith.
STATE OF NEW YORK
________________________________________________________________________
1903--A
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Energy -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the executive law, in relation to the development of
uniform standards for the coloring of wind turbine rotor blades
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 94-c of the executive law is
2 amended by adding a new paragraph (c-1) to read as follows:
3 (c-1) In addition to the uniform standards and conditions for the
4 siting, design, construction and operation of major renewable energy
5 facilities established pursuant to paragraph (b) of this subdivision,
6 the office shall establish in consultation with the department of envi-
7 ronmental conservation uniform standards and conditions for the coloring
8 of wind turbine rotor blades. The uniform standards and conditions
9 established pursuant to this paragraph shall be designed to avoid or
10 minimize, to the maximum extent practicable, any bird collisions arising
11 from the siting, design, construction and operation of a major renewable
12 energy facility utilizing wind turbines.
13 § 2. This act shall take effect on the one hundred eightieth day after
14 a determination has been made by the federal aviation administration to
15 allow for the coloring of wind turbine rotor blades; provided, however,
16 that:
17 (a) the office of renewable energy siting shall notify the legislative
18 bill drafting commission upon the occurrence of such determination made
19 by the federal aviation administration to allow for the coloring of wind
20 turbine rotor blades in order that the commission may maintain an accu-
21 rate and timely effective database of the official text of the laws of
22 the State of New York in furtherance of effecting the provisions of
23 section 44 of the legislative law and section 70-b of the public offi-
24 cers law; and
25 (b) the amendments to subdivision 3 of section 94-c of the executive
26 law made by section one of this act shall not affect the expiration of
27 such section and shall be deemed to expire therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03175-04-3