What Is Article 10???

There are some people on the anti wind side of the Cape Vincent wind fight that seem to think Art. 10 is a pathway to deny BP a wind project in our community.  I don't think the facts exist to back that conclusion.

If I am wrong about this, then what do they see as the role of Art. X…a compromise process??? And a compromise doesn’t necessarily mean the Town will cave in…the compromise could be forced on us by the State. Better call your realtor now!!!

The Article 10 siting board can deny a certificate for the BP project, that is true, and a possibility. But to me that would be like looking at your car speedometer and seeing the top speed is 140 mph. Yeah, maybe the car could go that fast, but how likely is it with the everyday responsible driver that the car will ever go that speed? The probability is very slim. I believe that is the same for Art. 10’s probability of denying electric generation projects in Cape Vincent or anywhere else! Oh, they might down size it as Judge Agresta our Art. 10 presiding examiner has suggested the Town and BP reach a stipulation on a alternative project size and our law…but I doubt seriously they will deny it in total. I think Agresta flashed an important signal of what Art. X is all about!

Art 10 is not primarily a project denial process. That is NOT why it exists, and worse it has the power to preempt local laws that stand in the way of project siting. If the denial of a power plant was the prime function , then it wouldn’t need preemption power.

Here is what the State Siting Board says about the Power NY Act of 2011 and the Art. 10 process on their website.  All emphasis below in quotes is mine.

“The Power NY Act of 2011 established a process for the siting of electric generating facilities and repowering projects. As part of the process a multi-agency Siting Board is charged with streamlining the permitting process for power plants of 25MW or greater. The Power NY Act also encourages investments in clean power plants and affords communities more opportunities to participate in the siting process.”

This doesn’t sound to me like a process that is about denying the siting of power plants as some hope will happen in Cape Vincent. In fact the little slick hidden premise to this statement that cleverly sucks you in is that everyone agrees we need power and power plants will be sited, and you get to participate in the siting process. Note it doesn’t say you get to deny a project.   Participate is a slippery word. You can write a letter or testify before a public hearing in the Art. X process, but they can ignore you and pat you on the head and thank you for participating!!!!

Read what NY Assemblyman Kevin Cahill says about the process. This interesting. At least he is honest!

"This is what developers have been asking for nine years ... I know a number of companies have come to us and said they didn't want to go forward under existing law," Kevin Cahill, chairman of the Assembly Energy Committee, said in an early July interview.”

First I find it interesting that Cahill verified what a lot of us already knew. Corporate lobby money and energy corporate agendas are what is driving Art. X and the removal of our Home Rule rights. Of course developers don’t want to move forward under existing law. They want those laws REMOVED!!!!! Which is EXACTLY what they got for their money! But don’t worry you will get to participate!

Now do you honestly think giant energy corporation lobbyists would be running around the NYS Legislature and the Governors’ office promoting Art. X if they really thought that all it would take in the Art. X process to stop their $$$$$ billions in energy investments that NYS is desperate to have, was a restrictive zoning law in some little town?? And when one community caught on a lot of them might do the same to try to deny energy projects. Really???

An NPR radio quote from Bob Brown, the Chairman of CV’s zoning committee that developed our new zoning law about this issue.

“Bob Brown, chair of the town’s zoning law rewrite committee, said, "As long as the Article X board recognizes it was done for the health, safety and welfare of the citizens, then they will not override the law. And that's what our intent was – to write a law that would not prohibit, but would discourage, and that would not be overthrown by Article X."

I find it interesting that it appears Mr. Brown and the Power NY Act and its Art. 10 are on the same page. Neither wants to prohibit wind turbines!

Let’s see…$$$$$ billions in potential energy investments and jobs in NYS all promoted by the Governor and the Legislature, and giant energy corporation money vs. a little upstate community’s health, safety, and welfare with minimal to virtually no votes or political power…how do you think that will play out????

What does the Governor say about that? From Cuomo’s campaign literature about Power NY.

“As governor, Andrew Cuomo will see to it that a new comprehensive electric generation siting law is enacted—one that is rational, balances competing concerns, and results in new projects getting built.

That doesn't sound like denial language to me!
"In addition, the State should create an expedited review process for renewable energy projects that rewards investors with an efficient, nonburdensome site approval and permitting process. The environmental benefit of these projects is the reason that the State should encourage such projects by eliminating unnecessary red tape and delays.”

I don't think you can achieve that if you start letting every little town with a zoning law deny projects!!!

And from a Cuomo speech in Watertown.

“He emphasized the importance of power projects to a healthy state economy, "You can't say no to wind, and no to solar and no to biomass and no to power plants and then say, I want jobs and a thriving economy. That's the balance we have to reach.”

There is that code word “balance” again. In other words you might get something. Like the chance to participate and maybe get the project downsized by a few turbines…AND the Governor and the State will definitely get something too for balance, a large wind farm for their green agenda to Power NY!!!

And take a look at this language from the NY DEC about power plant impacts and how to handle them. Maybe there is some denial language their... right???? After all they are the Stae's environmental protection agency. This type of language is repeated throughout the Art. 10 laws as well. I just love that phrase “to the maximum extent practicable” Just like Judge Agresta’s phrase “to the degree possible! More code!

"The applicant shall avoid any disproportionate impact to the maximum extent practicable, or, if the applicant cannot avoid the impact, the applicant shall minimize the disproportionate impact to the maximum extent practicable. If the disproportionate impact cannot be completely avoided or minimized, the applicant shall offset the impact, with priority given to offset measures that will benefit the area where the degree of significant and adverse disproportionate impact is greatest."

Now …the NY DEC is going to be a big player in the Art. 10 process. Did you see any language above that suggests the DEC is recommending the denial of a project? Even when the impacts are significant and cannot be avoided!    Instead they talk about “offsets”…you know like a new fence around the cemetery or a new clock on the fire house.

Art. 10 is NOT a path to denial as some think it will be in Cape Vincent!   But many in the community and the Town march right ahead as if it is!  That is putting a hell of a lot of our community eggs riding in one basket!!  Art.10 is a process to site power plants…not deny them!

And if the Town is in this process knowing it will likely end in a State forced compromise, then that is just as bad as if they caved in and compromised themselves in my opinion!

Remember what Mr. Brown said...Art. 10 will not override our law!