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New York Wind Energy Guidebook for Local Governments

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New York Wind Energy Guidebook for Local Governments September 2020 New York Wind Energy Guidebook for Local Governments New York Wind Energy Guidebook Wind energy, both land-based and offshore, is instrumental for New York State to reach its clean energy goals of 70% renewable energy by 2030 and 100% clean electricity by 2040. As wind energy continues to grow, the New York Energy Research and Development Authority (NYSERDA) recognizes the need for guidance to help foster responsible wind energy development in the State. NYSERDA is working to raise awareness among local officials, developers, and the public by providing accurate, objective information on critical wind energy issues and the processes, regulations, and other important considerations involved in siting wind projects. This Wind Energy Guidebook (Guide) focuses on land-based wind only, and is intended to help local decision- makers and other community members prepare for and understand wind energy development. As of March 2020, 385 megawatts (MW) of land-based wind capacity have been installed in New York State, and more projects are being considered or have been proposed. In the first three large-scale renewables solicitations issued under the Clean Energy Standard in 2017-19, NYSERDA has awarded renewable energy credit contracts to seven additional wind projects, with a total capacity of 1,202 MW. Additionally, NYSERDA has awarded contracts to three existing wind projects totaling 160 MW that will be upgraded to increase their generation. NYSERDA will issue similar solicitations for land-based renewable generation—including wind, solar, and hydropower —each year through 2030. Local government officials can request free technical assistance to help further understand the issues addressed in the Guide at [email protected]. Neither NYSERDA, nor any of its employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information. You can download specific chapters of the New York Wind Energy Guidebook at nyserda.ny.gov/WindGuidebook New York Wind Energy Guidebook Table of Contents 3 Wind Energy and Your Community: Frequently Asked Questions 21 Understanding Wind Energy 29 Wind Energy Site Selection 35 Land Agreements 43 Local Role in Planning and Permitting 57 Birds and Bats: Impacts and Regulation 67 Community Considerations 87 Economic Impacts of Wind Development 97 Public Safety and Setbacks NYSERDA offers objective information and analysis, innovative programs, technical expertise, and support to help New Yorkers increase energy efficiency, save money, use renewable energy, and reduce reliance on fossil fuels. NYSERDA professionals work to protect the environment and create clean energy jobs. A public benefit corporation, NYSERDA has been advancing innovative energy solutions since 1975. 1 This page intentionally left blank. 2 Wind Energy and Your Community: Frequently Asked Questions Understanding the basics of wind energy as it relates to important topics for local officials. Wind Energy Guidebook for Local Governments NYSERDA 17 Columbia Circle Albany, NY12203 3 Section Contents 1. Local Role in Planning and Permitting .............5 5. Shadow Flicker ...............................12 1.1 Who approves the siting and permitting 5.1 What is shadow flicker? ......................12 of a wind project? . 5 5.2 How does shadow flicker affect people? .......12 1.2 What deadlines or important dates must 5.3 How can shadow flicker be predicted? . 13 a municipality be aware of?...................5 5.4 What are typical shadow flicker limits? . .14 2. Environment ...................................7 5.5 How can shadow flicker be mitigated? .........14 2.1 Are there environmental impacts 6. Roads, Property Value, and Visual Impact.........14 associated with wind turbines? . 7 6.1 Will the construction of a wind project 2.2 Will wind turbines harm birds and bats? ........ 7 damage public roads? .......................14 2.3 What is the potential impact to birds and bats?.. 7 6.2 Will wind development have an impact 2.4 How can potential impacts be mitigated? . 7 on my property value? .......................14 2.5 What happens to the land after the end 6.3 Will a proposed project drive down of the wind turbine’s life cycle?................8 property values? ........................... 15 3. Health Impacts .................................8 6.4 Have any studies considered the distance to the project? . 15 3.1 Are there health impacts associated 6.5 What can be done to mitigate the visual with wind turbines? ..........................8 impacts of wind development?............... 15 3.2 How common is annoyance for residents near wind development, and what are 7. Safety Concerns...............................16 the main causes and considerations? ..........8 7.1 What are the safety concerns related 3.3 What is wind turbine syndrome? . 9 to wind development? ..................... 16 3.4 What is the nocebo effect? ...................9 7.2 What is the best way to ensure my 4. Noise ........................................10 community’s safety? ........................ 16 7.3 What are examples of safety setbacks 4.1 What sounds do wind turbines produce?.......10 around the country? ....................... 16 4.2 How loud is a wind energy facility? ............10 7.4 What other factors contribute to safety? . .16 4.3 Should there be a minimum distance between wind turbines and homes 8. Radar and Communications.....................16 for noise regulations?........................10 8.1 Will wind development impact 4.4 What is an appropriate wind energy communication and radar? .................. 16 facility noise limit? ........................... 11 8.2 How can these impacts be mitigated? . .17 4.5 How is noise from a wind energy 8.3 What is the potential impact to facility predicted and monitored?.............. 11 military bases? ..............................17 4.6 What is infrasound, and can it cause negative health impacts or annoyance? ........12 4.7 How does amplitude modulation impact nearby residents? ...........................12 4.8 Do wind turbines produce tonal sound?........12 4 Overview This section addresses topics that are of great interest to local officials and their community members. Topics covered include local officials’ role in planning and permitting, environmental impacts, health impacts, noise, shadow flicker, roads, property value, and visual impact and safety concerns. More in-depth information and resources may be found in the subsequent sections of the Guide. 1. Local Role in Planning and Permitting 1.1 Who approves the siting and permitting of a wind project? The majority of wind projects built in New York State will be permitted through one of two comprehensive State-level siting mechanisms: the “Article 10” process, or the Office of Renewable Energy Siting (ORES) review process. Smaller wind energy facilities may be permitted at the local level in accordance with the State Environmental Quality and Review Act (SEQR) and applicable municipal land-use regulations. Article 10 of New York State’s Public Service Law authorizes the New York State Board on Electric Generation Siting and the Environment (Siting Board) to issue certificates approving the construction and operation of major electric generating facilities (equal to or greater than 25 megawatts [MW]), including both renewables and conventionally fueled systems. The Siting Board comprises both permanent members (consisting of State agency heads from the Public Service Commission, Department of Environmental Conservation and Health, NYSERDA, and Empire State Development) as well as ad-hoc appointees from the involved municipality(ies). The Article 10 process is unified instead of requiring separate state and local permits. Article 10 review requires environmental and public health impact analyses, studies regarding environmental justice and public safety, and consideration of applicable local laws. It also encourages public participation in Siting Board decisions and directs project developers to provide funding for affected municipalities and other parties to hire experts to assist with application review. ORES, as created by the Accelerated Renewable Energy Growth and Community Benefit Act in April 2020, will serve as the future forum for siting and permitting new large-scale renewable energy facilities larger than 25 MW. Additionally, proposed facilities between 20-25 MW and projects in the early stages of Article 10 review may opt-in to the ORES process in the future. Within a year of its creation, ORES will establish and promulgate comprehensive regulations and uniform permit standards and conditions to ensure that siting decisions are predictable, responsible, and timely. 1.2 What deadlines or important dates must a municipality be aware of? For wind projects seeking permit approvals through a State-level siting process, there will be deadlines or important dates that municipalities should be aware of to stay engaged and participate fully. Key deadlines and project milestones will vary between the Article 10 and ORES review processes, as detailed below. Article 10: The Article 10 application process can be broken down into four key periods, spanning the start of the pre-application process to the Siting Board’s final ruling. For reach of these periods, there are deadlines that a municipality should be aware of to remain engaged. These periods are: 1. The Public Involvement Plan (PIP) Process 2. The Pre-Application Process 3. The Application
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