STATE OF NEW YORK
________________________________________________________________________
9053--A
IN ASSEMBLY
January 18, 2018
___________
Introduced by M. of A. JENNE, BLAKE, ORTIZ, WILLIAMS, HUNTER, PELLEGRI-
NO, WALLACE, ENGLEBRIGHT, SIMOTAS, CRESPO -- 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 restrict the location of certain wind electric generation
facilities around Fort Drum; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature hereby finds that Fort
2 Drum is a premiere training installation, unlike any other military
3 installation in New York State or anywhere east of the Mississippi. It
4 is the only instrumented joint air to ground range north of Florida in
5 the eastern United States able to execute live bomb training, and only
6 one of two Army installations capable of cold weather, winter training
7 in the country. The singular weather and unique terrain makes Fort Drum
8 a peerless training installation.
9 Furthermore, the legislature finds that the moving blades of wind
10 turbines already operating within the immediate proximity of Fort Drum
11 have created interference with air traffic control and Doppler weather
12 radars. Currently, existing turbines have created a 41 square mile blind
13 spot in the 60 mile view shed of Forth Drum's air traffic control radar
14 and corrupted the data of a significant portion of the Doppler weather
15 radar view shed. Therefore, the impact of any additional wind projects
16 in close proximity to Fort Drum would significantly degrade the data
17 from such radars. Due to the unique nature of the terrain around Fort
18 Drum and the extensive interference with the radars' view sheds and
19 because the impacts on radar are increased with height, number and
20 density of turbines, a specific state-imposed remedy for these problems
21 is needed. Accordingly, this act would eliminate any state incentives
22 for the development of wind turbines within the area that could inter-
23 fere with Fort Drum's radar systems while maintaining the incentives for
24 the development of wind generated energy outside of the Fort Drum radar
25 area.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13862-08-8
A. 9053--A 2
1 § 2. Definitions. 1. For the purposes of this act, the "Fort Drum
2 radar zone" shall be the area within:
3 (a) ten miles of the Wheeler-Sack Army airfield;
4 (b) fifteen miles of the Montague Doppler Weather Radar KTYX in the
5 town of Lowville in Lewis county, excluding area within such fifteen
6 mile radius east of a line traveling due north and due south from the
7 intersection of county road twenty-seven and county road twenty-eight in
8 the town of Lowville in Lewis county;
9 (c) five miles of the boundary of the Wheeler-Sack Army airfield
10 restricted airspace located within St. Lawrence, Jefferson and Lewis
11 counties;
12 (d) five miles of the boundary of the Wheeler-Sack Army airfield class
13 D controlled airspace except where such area is within Lewis county;
14 (e) the Wheeler-Sack Army airfield class D controlled airspace; or
15 (f) the enclosed area beginning at the point where United States route
16 eleven intersects New York route twenty-six; thence north along United
17 States route eleven to New York route fifty-six; thence south along New
18 York route fifty-six to the border of the Adirondack state park; thence
19 west along the border of the Adirondack state park to a point directly
20 due east of the intersection of United States route eleven and New York
21 route twenty-six; thence due west until the point where United States
22 route eleven intersects New York route twenty-six.
23 2. For the purposes of this act, "state agency" shall mean any board,
24 authority, agency, department, commission, public corporation, or
25 instrumentality of the state.
26 § 3. Funding to wind electric generation facilities. No state agency
27 shall provide or distribute funding to wind electric generation facili-
28 ties that come into operation after July 1, 2018 and are located within
29 the Fort Drum radar zone.
30 § 4. Incentives and payments for wind electric generation facilities.
31 Wind electric generation facilities that come into operation after July
32 1, 2018 and that are located within the Fort Drum radar zone shall not
33 be deemed eligible facilities for the redemption of incentives or
34 payments from a state agency program.
35 § 5. This act shall take effect immediately; provided, however, that
36 this act shall be deemed repealed fifteen years after it shall have
37 become a law.
