A call to action:
Two New York State bills are proposed by the State legislature under the Office of Renewable Energy Siting (ORES) that could grant authority to the State to bypass local siting and permitting for BESS installations. Currently this proposed legislation would not affect “all standalone BESS.” They would be subject to local permitting authority.
However, “BESS paired with large-scale (at or above 25MW) renewable generators are subject to ORES permitting, whereby local laws can be evaluated by ORES for potential exemptions based on burdensomeness.”
In these cases, Gardiner could lose oversight over these projects if the bills are passed.
Contact your New York State ASSEMBLY AND SENATE TO VOICE YOUR CONCERNS.
In addition to contacting your State Senate and Assembly to voice your concerns, the Town of Gardiner is being proactive in writing BESS law.
We believe that a law addressing BESS with a clear legislative history showing that the town considered a range of alternatives and selected a regulated, non-exclusionary approach, is the best way moving forward.
In the case of Gardiner, the Gardiner Comprehensive Plan and the Natural Resource Inventory provide an established baseline and framework for the town's planning basis for protecting public health, safety, welfare, scenic resources, natural systems, agricultural lands, environmental, community character, and land use compatibility.
This approach would not only serve as law and a planning aide for reasonable and fair development in our town, but also be our best, appropriate, and reasonable defense for providing the legal sufficiency necessary to ensure Gardiner and its residents maintain their rights of home rule.
Thank you for taking the time to reach out to your town and state government to voice your concerns.