OFFICE OF THE CHAIRMAN

OSWEGO COUNTY LEGISLATURE

(315) 349-8230
FAX (315) 349-8237
COUNTY OFFICE BUILDING, 46 EAST BRIDGE STREET OSWEGO, NEW YORK 13126
FRED C. BEARDSLEY
CHAIRMAN
Email: fbeardsley@oswegocounty.com
June 14,2012
Hon. Jaclyn A. Brilling
Secretary to the Commission
New York State Public Service Connnission
Agency Building 3
Albany, NY 12223-1350
Re: Comment on draft regulations of Article 10 of the Public Service Law
Dear Secretary Brilling:
WENDY M. FALLS
CLERK OF THE LEGISLATURE
Email: wfalls@oswegocounty.com
BETSY SHERMAN-SAUNDERS
DEPUTY CLERK OF LEGISLATURE
Email: bsaunders@oswegocounty.com
On behalf of the Oswego County Legislature and its constituents, I am submitting the following comments and
the attached Resolution in opposition to the draft regulations of Article 10 of the Public Service Law. While the
law itself and the regulations as drafted contain beneficial provisions designed to promote development and
energy efficiency, we object to provisions that unnecessarily infringe on home rule authority and severely limit
local communities' influence and input into the siting of facilities that have significant local impacts.
Oswego County is arguably the energy generation capital of New York State. The county hosts three nuclear
power plants: Constellation's Nine Mile Point Units I and 2 and Entergy's James A. FitzPatrick plant. We are
home to an oil steam station, several hydro-electric and natural gas co-generation facilities, and own and operate
waste-to-energy and solar production facilities.
While the people and governments of Oswego County have a long history of supporting and welcoming the
energy industry, we do not do so blindly; we carefully weigh the benefits and impacts of each project. For
example, the County is on record encouraging construction of a fourth nuclear plant because of the positive
economic and employment impacts. However, we oppose the potential development of industrial offshore wind
tower complexes because of their detrimental impacts to our tourism industry, quality oflife, and existing
generation facilities.
It is easy to understand that the aforementioned factors unique to Oswego County ... combined with the
common impacts any electricity-generation project can have on a community in terms of employment,
competition with existing industry, assessments, taxes, employment, environment, etc ... result in Oswego
County having a significant interest in the siting of proposed power facilities within the County and in other
areas of the State.
Therefore, the draft regulations raise serious concerns for the County and for local governments because they
effectively remove the County and local governments from siting decisions and infringe upon home rule
authority:
Siting Boards. The proposed seven-member siting boards have inadequate local representation. Local elected
officials, who represent and know their communities best, are prohibited from serving on the siting boards.
Two "local representatives" are selected by the State and it is unclear what their qualifications must be and who
exactly will be doing the selecting. Board members will most likely not even live in, let alone be familiar with,
the impacted local community. The siting boards are empowered to disregard Local Laws, ordinances, and
codes using the overly vague criteria of fmding them "unreasonable" or "burdensome" to the proposed project.
This gives siting boards unacceptable power over democratically-elected local governments. If siting boards
are to be established, representation from State and local interests must be balanced and inclusive, with the
immediate local government and County government having appointment authority of the local representatives
without restriction.
Tax implications. Due to the influence of fluctuating markets on the taxable value of electricity generating
facilities, owners often negotiate multi-year tax agreements with local jurisdictions, rather than paying property
taxes based on annual assessed values. This provides the tax jurisdiction and the owner budgeting stability. 22-
percent of Oswego County's property tax revenue comes from such tax agreements. Removing local
governments from the siting decisions may significantly reduce local governments' bargaining power when
negotiating tax agreements and PILOTs for new facilities. This creates a disadvantage for local residential and
commercial property tax payers.
Other home rule and self-determination issues.
The draft regulations give project proposers the right to appeal decisions, but local governments cannot.
Siting and authorization decisions can have detrimental consequences for the local communities as well
as the project proposers. The regulations must include an appeal process for local governments.
The draft regulations include inadequate notification to local governments when project applications are
received. In addition to the immediate jurisdiction, notification must be sent to all jurisdictions that the
proposed project may impact through taxes, emergency planning, and economic factors, including
adjacent townships, villages, cities, school districts, counties and the state and federal representatives.
The enclosed Resolution, adopted by unanimous vote of the democratically-elected County Legislature, clearly
states our government's position: the Oswego County Legislature strongly opposes the unnecessary and
unacceptable incursions on home rule authority embodied in the Power NY Act of2011 and the current draft
regulations, and we strongly urge the Department of Public Service to remove all limitations to home rule
authority in the draft regulations and include regulations that ensure, promote, and preserve local governments'
rightful role in power plant siting decisions.
Sincerely,
Fred C. Beardsley, Chairman
Oswego County Legislature
cc: Governor Andrew Cuomo
State Senator Patty Ritchie
Assemblyman William Barclay
Assemblyman Kenneth Blankenbush
Assemblyman Robert Oaks
Assemblywoman Claudia Tenney
New York State Association of Counties
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Resolution No. 112
June 14, 2012
RESOLUTION OPPOSING UNACCEPTABLE INCURSIONS ON HOME RULE
AUTHORITY WITHIN THE DRAFT REGULATIONS OF ARTICLE 10 OF THE
PUBLIC SERVICE LAW
By Legislator Milferd Potter:
WHEREAS, the Power NY Act of2011 was enacted to reauthorize New York
State's electricity generating facility siting law, and the draft regulations of Article 10 of the
Public Service Law are currently open for public review and comment; and
WHEREAS, the aforementioned Act was designed to expedite the siting and
authorization of the construction of power plants with a production capacity of 25
megawatts or more, encourage residential energy-efficiency, and increase solar energy
generation; and
WHEREAS, the draft regulations raise serious concerns among local governments
because, as written, the regulations unnecessarily infringe on home rule authority and
severely limit local communities' influence and input into the siting of facilities that
potentially have significant local impacts. These concerns include, but are not limited to:
The establishment of seven-member siting boards that have inadequate local
representation. Local elected officials, who represent and know their
communities best, are prohibited from serving on the siting boards. Two
"local representatives" are selected by the State.
The siting boards can determine to disregard Local Laws, ordinances, and
codes if they find them unreasonable or burdensome to the proposed project,
this is overly vague criteria and gives siting boards unacceptable power over
democratically elected local governments.
Removing local governments from the siting decisions may significantly
reduce local government's bargaining power when negotiating tax
agreements and PILOTs, creating a disadvantage for local residential and
small business property tax payers.
As written, the draft regulations give project proposers the right to appeal
decisions, but local governments cannot.
There is inadequate notification to local governments when project
applications are received. In addition to the immediate jurisdiction, adjacent
townships, villages, cities, counties and state representatives should be
notified.
WHEREAS, Oswego County has a long record of welcoming and hosting
responsible electricity generating facilities, being home to three nuclear power plants, an oil
steam station, and several hydro-electric and natural gas co-generation facilities, and owner
Oswego County Resolution #112 of2012
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of its own waste-to-energy facility, making this County the energy generation capital of the
State, resulting in this County having a significant interest in the siting of other power
facilities within the State and within the County;
NOW, THEREFORE, BE IT
RESOLVED, the Oswego County Legislature opposes the unnecessary and
unacceptable incursions on home rule authority embodied in the Power NY Act of 20 11 and
the current draft regulations; and be it further
RESOLVED, the Oswego County Legislature strongly urges the Department of
Public Service to remove all limitations to home rule authority in the draft regulations and
include regulations that ensure, promote, and preserve local governments' rightful role in
power plant siting decisions; and be it further
RESOLVED, that certified copies of this resolution be forwarded to Governor
Andrew Cuomo, the New York Department of Public Service, New York State Senator
Patty Ritchie, Members of Assembly William Barclay, Kenneth Blankenbush, Robert Oaks,
and Claudia Tenney; and the New York State Association of Counties.
YEs: 24 NO:
ROLLCALL
o ABSENT:
I hereby certify that this copy of Resolution # i Pof 20Jit.
is true and accurate. /) If . _I f)
1 J!lCJY..J. -1'YJ, DUD
20{) WendyM:F3ik3 Clerk
Oswego County Legislature
Oswego County Resolution #1120[2012
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