RESOLUTION IN OPPOSITION TO ARTICLE X

Last night during the Privilege of the floor Art Pundt proposed a resolution to the board concerning Article X   

Mr. Pundit stated that his proposed resolution is in direct opposition to the newly enacted Article X, which establishes a New York State Board on Electrical Generation Siting and the Environment Additionally, he pointed out that it is virtually the same resolution that Jefferson County passed and Mr. Punt encouraged the town to do the same thing in support of Jefferson County.  

RESOLUTION BY THE TOWN BOARD OF THE TOWN OF

CAPE VINCENT,NEW YORK

Resolution No._______________

Resolution in Opposition to the Article X Provision of the Power New York Act,

2011

Introduced by ____________________

FINDINGS

Whereas, New York State enacted legislation known as the power New York act of 2011, and

Whereas, said legislation amended the public service law by adding a new Article X, which establishes a New York State Board on Electrical Generation Siting and the Environment, and

Whereas, said board will have the authority to permit the siting of electrical generation facilities in the state which have a generating capacity of 25 MW or more, and

Whereas, previously while various state agencies had regulatory oversight for such facilities as a home rule state, New York's local municipalities by virtue of discussions made by locally elected representatives could ultimately decide whether such development was in their residence best interest, and

Whereas, the Power New York act of 2011 removes this decision – making from local municipalities, and put stat authority into the hands of an unelected bureaucratic state board which will have nominal representation from affected communities and even that representation cannot be from elected representatives of those communities, and

Whereas, the new board will have the authority to ignore any local ordinance, law, standard or requirement, if it finds that such is "unreasonably burdensome," and

Whereas, the new legislation further states that no municipality may require any approval, consent, permit, certificate or other condition for the construction or operation of such a facility, and

Whereas, while the law provides for set – aside intervener funds for pre-– hearing research on behalf of the affected communities, and parties, said funds are controlled by the Siting Board and will be allowed as it sees fit, and

Whereas, the majority of the board's membership will have no connection to the affected communities and will not be directly affected by their decisions, and

Whereas, while municipalities may be party to the siting hearings, so main any individual within 5 miles of the proposed facility’s site, and therefore the municipality itself, which purpose is to represent the residents who elect its officials, is diminished to the level of each individual within the 5 mile radius whether or not he/she lives in the affected municipality, and

Whereas, said law follows a disturbing trend in New York State to remove power from the local jurisdictions and therefore from the affected electorate and transfers such powers to a faceless, unelected bureaucracy which has no consistency.

THE RESOLUTION

NOW,THEREFORE BE IT RESOLVED, that this duly – elected Town Board of the Town of Cape Vincent, New York opposes, protests, and expresses his deep disappointment and concern over the enactment of power New York 2011 law and the Article X siting board it establishes, and be it further resolved, that A copy of this resolution be provided to the local county and state representatives, New York State Board Electrical Generation Siting and Environment and the New York State Gov.

Seconded by_______________