---------- Forwarded message ---------
From: Bird observations from western New York <geneseebird...@geneseo.edu>
Date: Mon, Mar 9, 2020 at 2:50 PM
Subject: [GeneseeBirds-L] Fwd: [geneseebirds-googlegroup] Fw: Urgent
Conservation Concern
To: GENESEEBIRDS-L <geneseebird...@geneseo.edu>




Birds rise above it all

Begin forwarded message:

*From:* Gerald Smith <gosh...@gisco.net>
*Date:* March 8, 2020 at 16:09:53 EDT
*To:* Jay Greenberg <thegreenjay2...@gmail.com>
*Cc:* GENESEEBIRDS-L <geneseebird...@geneseo.edu>, Geneseebirds <
geneseebirds-googlegr...@geneseo.edu>
*Subject:* *Re:  [geneseebirds-googlegroup] Fw: Urgent Conservation Concern*

All birders should oppose this draconian plan by the governor. It would
eliminate many of the safeguards that protect areas of natural significance
in a hysterical rush to judgement and a misguided approach to climate
change. This proposal is truly regulatory tyranny in the name of of
speeding up deployment of renewable energy. Bad public policy is not a
substitute for thoughtful placement of renewable technologies that work. At
the risk of offending some deployment of the new generation of small
modular nuclear plants needs to be part of any renewables plan. Covering
the countryside with poorly sited wind and solar while damaging declining
wildlife and other natural resources is a bad idea. The governors
dictatorial article 23 proposal is likely to do just that. To quote Ben
Franklin “ The man(or woman !) who would trade liberty for security will
have neither”

Gerry Smith vice chair conservation Onondaga Audubon

Birds rise above it all

On Mar 8, 2020, at 12:55, Jay Greenberg <thegreenjay2...@gmail.com> wrote:

I am forwarding this on behalf of Amy Kahn, Conservation Chair of the
Rochester Birding Association.  I think it will be of interest to all New
York birders.  Feel free to forward to others.

Jay Greenberg
Rochester, NY

Begin forwarded message:


The message is from the POWER coalition of which RBA is a member.

Hi everyone.  We've put together a document focusing on impacts relating to
birds should Gov. Cuomo's 30-day budget amendment goes through.  Please
share the attached document with your membership ASAP.  The only way to
make an impact is to get this information out and start making calls to
your elected officials.  Contact your family members who live in other
parts of New York State and ask them to call their elected officials as
well.  We want to see this budget amendment pulled before the budget is
voted on.  This means that any action we take has to be completed by
March 20.  (The budget vote is April 1st.)

Call your New York State Senator and Assembly Member and tell them to
remove the governor’s 30-day budget amendment from the budget.  There is
very little time.  Please act today!  Call family and friends across the
state and ask them to do the same.  If you’re not certain of your
representatives or how to contact them, here are links for the NYS Senate
and Assembly.
https://nyassembly.gov/mem/search/
https://www.nysenate.gov/find-my-senator

This new amendment removes public participation and local input on all
energy projects.  The only environmental review will be by the DEC and will
likely be based on office databases not on the ground review.  Any impacts
to threatened and endangered species will by 'compensated' by putting money
in a fund. There will not be any checks and balances.

Improving efficiency is important but this takes matters to an extreme.
There is nothing to prevent projects located in sensitive areas.

*THERE IS A VERY SHORT WINDOW OF TIME TO ACT!  *
*We want to see this budget amendment pulled before the budget is voted
on.  This means that any action we take has to be completed by March 20.
(The budget vote is April 1st.)*

Concerns for People who Care about Birds

*What happened:*  On Feb. 21, 2020, Governor Cuomo announced a 30-day
budget amendment "to dramatically speed up the permitting and construction
of renewable energy projects, combat climate change and grow the state's
green economy".  Should this bill by passed with the budget by April 1st,
Article 10 would be replaced with a new method of siting, effectively
removing any input from municipalities or citizens or local environmental
groups.

*Summary:* The new process would include almost no opportunity to bring in
locally sourced data or regional experts to present evidence regarding
specific siting issues, and there is mandated approval after 12 months if
no decision has been made by the new “office” with no option for exception,
extension or review.

*Immediate Action Needed:*  Call your New York State Senator and Assembly
Member and tell them to remove the governor’s 30-day budget amendment from
the budget.  There is very little time.  Please act today!  Call family and
friends across the state and ask them to do the same.

*Urgency:*  Without swift action all projects will be sited rapidly and
will impact migratory and resident birds along the shore of Lake Ontario as
well as in crucial wildlife habitat across the state.  Here are our primary
concerns with the new siting law as described in the governor’s 30-day
budget amendment:
·        *No early stakeholder input:*  There will be no public comment or
input prior to the application so, unlike Article 10, there would be no
Public Involvement Plan and no Preliminary Scoping Statement.  There will
be no way for the public or environmental groups to impact the development
of the application or to point out problems early in the process.  The
governor’s amendment completely removes the crucial first part of the
siting process.
·        *Input reduced to comments:*  There is no role at all for
environmental or citizen groups outside of commenting on the draft project
proposal.

·        *Automatic acceptance and approval without exception:* Once an
application is submitted, the new Office of Renewable Energy Siting (ORES)
has 60 days to review and determine if it is “complete".  If the decision
is not made in that time, the application is automatically deemed complete!
Once the application is determined to be complete the ORES Office *must
approve the project within 12 months or it is automatically considered
approved! *  There is no process for extending this time limit.  Multiple
year studies could not be considered.

   - *No automatic hearing:*  There is no mandated hearing as part of this
   new siting process so there is no method for submitting expert testimony.
   - *New vague requirement that would trigger a narrowly defined hearing:*
   There is the possibility of a hearing but the standard is vague in terms of
   the conditions under which a hearing would be held.

·        *No public vetting of developer study protocol or data:*  There is
no ability to cross examine or to question the developers’ studies,
results, or methods.

   - *Consultation only with state agencies:*  Anyone who is not a state
   agency has the ability only to "comment" during a 60-day comment period
   once the ORES Office releases the draft proposal and draft conditions.
   - *No public access to developer plans at all stages of the siting
   process:*  The public only has access to information upon release of the
   draft project proposal by the ORES Office, unlike the current process that
   has all documents publicly available on the Dept. of Public Service
   project-specific websites.  The siting process will all take place
   primarily behind the doors of the Siting Office, between state agencies and
   the developer.


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