Thursday, September 6, 2012

Article X - Health ,Safety, and Welfare???- Or POLITICS!!!


Will our zoning law be preempted, by Article X?  Will BP strongly argue the  point that our law is overly burdensome?  Will an A-10 siting board agree with BP?  That is the debate now.    BP has already indicated our law is too restrictive and will defer to the Article X siting process.  This already tells you we are in for a preemption battle if BP files an application to site a project in Cape Vincent under Article X.

So knowing this how does this battle stack up?

Let’s  say you order a new car.  When you get to the dealer only 8% of the car is there.   Or let’s say you order a meal at a restaurant , and the waitress brings you only 8% of the meal.  Maybe you hire a contractor to build you a house and he only finishes  8% of the house.  Let’s say you go to an ATM machine to withdraw $100 and you get $8 instead. 

Do you think any of this would make you very happy?  Probably not, and it’s not going to make BP very happy.   Might not make an Article X siting board  happy either.  Cuomo after all has sent all of us a message that the Article process is balanced, and we have to be “reasonable”  Think the commissioners he has appointed, or sit there at his pleasure and  that will sit on that A-10 board pay attention when the Gov. puts out such a public message right in the heart of NNY industrial wind country?  Think they are going to send the Gov. back a message with their siting decisions that says   “Screw you Andy…we are going to uphold every very restrictive ” overly burdensome” zoning law that allows virtually ZERO wind turbines to be sited.   Screw your political agenda and corporate lobbyists, we are going with the complete health, safety and welfare in these community laws! “

I don’t know how many industrial winds turbines our new zoning will allow.  I have heard 6 -8.  I have heard 10 or 12.  Some say that when all the regulations are applied it will be closer to zero.  I’m not sure anybody really knows or has figured it out conclusively, but let’s use 10 for the sake of argument here.

Now there is a rumor out there that BP has a plan for 125 turbines, and they have indicated they have expanded their project to 285 megawatts.  The math says  that would equate to 2.2 MW per turbine.  That’s about the size of the  turbines on Wolfe Island.  So let’s go on that assumption.

 What BP wants is 125.  Our law might allow 10.  10 divided by 125 equals 8% of what BP wants for their project.  Of course if the law does what was intended and basically makes it closer to zero turbines for BP, then that 8% goes to 0%.

Hhmmm….See any potential problem here???!!!  I doubt seriously BP is going to sit still for this no matter how damn good we think our law is.  And I think it is real questionable that an A-10  siting board full of commissioners appointed by a Governor with a green agenda is going to see this as “reasonable” or “balanced”.

Do you think Gov. Cuomo and the powerful corporate and political forces behind him are simply going to accept in community after community getting only 8% or ZERO of what they want?   You don’t build a successful political career on getting only 8% of one of the things  you are hanging your career on!  Your contributors aren’t going to be very happy getting only 8% of what they want either, which is probably the much more important point.

So what does reasonable mean?  The word suggests moderating the extremes.   BP wants 125 turbines…to us that’s extreme.  Many of us want ZERO.  That will also be considered extreme.  The Governor is tell us, (not the corporations) we have to be reasonable.  So if reasonable means some middle ground away from the extremes, that could mean about  62 turbines our about ½ of BP’s 125.  Maybe to hedge their bets it could mean 70 maybe 80.

Now what about being “balanced”, another Cuomo word defining Article X.  Well we all know how a traditional balance works.  It has to have equal forces on either side to balance.  Well in the Article X Cuomo equation if there are ZERO turbines or 92 & less than what they want  that tips the balance to far to the extreme one way.  For us, having BP get 125 or more  turbines makes us feel the balance tips way to far the other way.  So again, by the Cuomo definition of balance for which you have had no input, balance has to be in the middle somewhere, or a little in his favor.   This brings you back near that 62 number or 70 or 80 so BP can make it a viable project in their eyes.

So are you still confident our new zoning regulations on industrial wind that allow somewhere around 8% or less of what BP wants is going to avoid preemption?  And  considering Cuomo’s definitions which you can bet any  A-10 siting board is going to pay very  close attention to. 

Some people I have talked to lately are very confident our zoning will stand up to preemption. Mr. Brown the chairman of the CV zoning committee is very confident apparently. I was told by one WPEG person that we have the “best damn zoning  law in the State!!!”  That was their defense when I asked if they thought our zoning law would hold up to A-10 preemption.   I wonder if they did the same political reality math as I’ve  shown above.  Their confidence is based on only one thing, that an Article X board will go completely along with them on our law since they have to and will recognize it was formulated on the health, safety and welfare of the community.  Well if that was the case in community after community and ZERO turbines in all these communities was acceptable…then what would be the point of Article X have PREEMPTIVE POWERS at all.   Why, because you can bet they intend to use it!!!  Some people in our community foolishly and  completely ignored nearly everything upon which Article X was established which is a corporate political power agenda, not health, safety , and welfare.   Brown and some others in CV think health, safety, and welfare which allow nearly ZERO turbines is  the ticket, at the very same time Cuomo is sending communities the message that we have to be “reasonable” which means it’s not reasonable in his mind for you to completely protect your  community’s health, safety, and welfare, (and home rule rights BTW), that allows  nearly ZERO turbines!!!

You can bet that Cuomo could  care less if we have the ‘best damn zoning law in the State” if it stands in the way of letting big corporations like BP power NY especially to meet NYS renewable targets.  How does it look for a green Dem. Gov. probably running for president if he has to admit he could not meet his renewable and business agenda targets.  Some  sharp Rep. is going to eat him alive on that count.

To me this all equates to preemption of our new zoning law.  It’s too bad that our  town board, our zoning committee, and their supporters aren’t willing to defend our community home rule rights with a political solution against A-10, but instead in their zeal ignored all that and went with a singular one dimensional  traditional  zoning solution like health, safety, and welfare, that in reality Article X politics has almost nothing to do with.

 Seems to me in their singular narrow one focus approach to defend our community against Article X  they actually  ignored most of what A-10 is actually about and have left our community very vulnerable as a result.
 
"Best Damn Law in the State"   Well Article X and Cuomo have the best damn preemption in the State!!!

 

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