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March 18: River RATs Sends Open Letter to NY Legislators
Article 23 – Do not take away Home Rule through a budget amendment
An open letter to all legislators:
Article 23, the proposed Article 10 replacement, has become a statewide concern. We now have municipalities across New York declaring themselves “Sanctuary” or “Local Control” Towns to protect Home Rule. Is this the type of public policy and inter-governmental relationship the legislature wants to encourage?
There is no question that communities differ on their approach to renewable energy development. This diversity leads to proper project siting that respects New York’s cornerstone principles of public participation and local decision-making. For River RATs and 1000 Islands stakeholders, the response to the inappropriately-sited Horse Creek Wind Project, which has never earned a Social License, is an overwhelming no.
With Article 23, there are serious concerns about the administrative authority that would be given to the new Permitting Office to disregard community voices and local laws, ignore comprehensive planning, and impose state templates for zoning and taxation of industrial wind and solar projects. These significant issues demand legislative debate. The budget is the wrong place.
Moreover, Article 23 raises fundamental questions on governmental relationships:
Community leaders from Long Island to the North Country to Western New York are all concerned about what is down the road. Are “Sanctuary” and “Local Control” Towns on the horizon for other Home Rule issues that the state feels it should control?
Article 23 needs a full legislative vetting; it should not be slipped in as a budget amendment.
We ask every legislator - even the most supportive of wind and solar - to vote no on Article 23. Removing Home Rule is a serious issue that demands thorough and transparent legislative debate.
An open letter to all legislators:
Article 23, the proposed Article 10 replacement, has become a statewide concern. We now have municipalities across New York declaring themselves “Sanctuary” or “Local Control” Towns to protect Home Rule. Is this the type of public policy and inter-governmental relationship the legislature wants to encourage?
There is no question that communities differ on their approach to renewable energy development. This diversity leads to proper project siting that respects New York’s cornerstone principles of public participation and local decision-making. For River RATs and 1000 Islands stakeholders, the response to the inappropriately-sited Horse Creek Wind Project, which has never earned a Social License, is an overwhelming no.
With Article 23, there are serious concerns about the administrative authority that would be given to the new Permitting Office to disregard community voices and local laws, ignore comprehensive planning, and impose state templates for zoning and taxation of industrial wind and solar projects. These significant issues demand legislative debate. The budget is the wrong place.
Moreover, Article 23 raises fundamental questions on governmental relationships:
- Is it really the legislature’s intent to take away Home Rule?
- Is it right to take away Home Rule through a closed-door budget amendment rather than proper legislative vetting?
- With this precedent, what is the next local issue that will be unfairly controlled by the state?
Community leaders from Long Island to the North Country to Western New York are all concerned about what is down the road. Are “Sanctuary” and “Local Control” Towns on the horizon for other Home Rule issues that the state feels it should control?
Article 23 needs a full legislative vetting; it should not be slipped in as a budget amendment.
We ask every legislator - even the most supportive of wind and solar - to vote no on Article 23. Removing Home Rule is a serious issue that demands thorough and transparent legislative debate.
𝗪𝗵𝘆 𝗶𝘀 𝗡𝗲𝘄 𝗬𝗼𝗿𝗸 𝗵𝗶𝗱𝗶𝗻𝗴 𝗶𝘁𝘀 “𝗦𝗲𝗰𝗿𝗲𝘁 𝗥𝗲𝗽𝗼𝗿𝘁” 𝗼𝗻 𝗥𝗲𝗻𝗲𝘄𝗮𝗯𝗹𝗲𝘀?
March 1, 2020: Buried last week amid the uproar over Governor Cuomo’s surprise proposal to eliminate local decision making via the Accelerated Renewable Energy Growth and Community Benefit Act is the intriguing question of why New York’s environmental and energy officials keep refusing to release a key study on achieving New York’s clean energy goals. A study promised by the Governor three years ago.
Last Wednesday, February 26, the independent and non-profit Empire Center for Public Policy (ECCP) issued a press release update on their two-year legal battle to obtain what they label as the State’s “Secret Report” on renewable energy development.
Supposedly, this “Secret Report” is a comprehensive study that was to be prepared by NYSERDA and DEC on how New York will reach its aggressive energy transition goals. These agencies – now lead actors in the Governor’s proposed legislation that will eliminate local voices during project approval – continue to dodge FOIL and other requests related to the report and any associated work product.
This all started with a January 10, 2017, press release stating “Governor Cuomo directs the Department of Environmental Conservation and the New York State Energy Research and Development Authority to undertake a comprehensive study to determine the most rapid, cost-effective, and responsible pathway to reach 100 percent renewable energy statewide. The State will engage academic partners to draw upon existing clean energy research and seek input from other key stakeholders.”
To River RATs, this sounds like a fundamental analytical step that all New Yorkers would benefit from. Well, it’s been three years and nothing has been released.
Instead, there has been repeated legal activity by both NYSERDA and DEC to not produce any information related to this report. The most recent was court action on February 20 - just a day before Gov. Cuomo announced his game changing Article 10 replacement bill - when State Supreme Court Judge Peter A. Lynch found in favor of the ECPP and ordered NYSERDA and DEC to release the study and pay court costs. Then, just days later, NYSERDA and DEC appealed the decision and continue to deny access to this important information.
The question is why not release the report, especially as state policy makers are pushing to increase the pace of industrial renewable development? Why won’t New York tell citizens how it plans to meet CLCPA goals?
Until the report is released, River RATs asks:
1) Is it really possible after three years that the “Secret Report” supporting what has become New York’s ‘national showpiece’ renewable energy policy has not been completed? Is there really no work product to share?
2) If the “Secret Report” is complete, does it show the locations and true number of industrial wind and solar projects planned across rural New York? Is it possible that NYSERDA and DEC don’t want citizens to know what they have planned for their communities?
3) Could the “Secret Report” show that no matter how aggressive New York is with industrial renewable energy siting, that the state’s aggressive goals of the CLCPA can never be achieved?
As Albany attempts to replace Article 10 in further favor of renewable energy developers by eliminating Home Rule and public participation, wouldn’t it be nice to at least have some transparency from policy makers on the State’s true endgame?
Communities in the 1000 Islands under threat from the Horse Creek Wind Project, as well as impacted communities statewide, are entitled to the truth.
Read More: https://www.empirecenter.org/publications/nyserda-must-reveal-secret-study-judge-rules/
Last Wednesday, February 26, the independent and non-profit Empire Center for Public Policy (ECCP) issued a press release update on their two-year legal battle to obtain what they label as the State’s “Secret Report” on renewable energy development.
Supposedly, this “Secret Report” is a comprehensive study that was to be prepared by NYSERDA and DEC on how New York will reach its aggressive energy transition goals. These agencies – now lead actors in the Governor’s proposed legislation that will eliminate local voices during project approval – continue to dodge FOIL and other requests related to the report and any associated work product.
This all started with a January 10, 2017, press release stating “Governor Cuomo directs the Department of Environmental Conservation and the New York State Energy Research and Development Authority to undertake a comprehensive study to determine the most rapid, cost-effective, and responsible pathway to reach 100 percent renewable energy statewide. The State will engage academic partners to draw upon existing clean energy research and seek input from other key stakeholders.”
To River RATs, this sounds like a fundamental analytical step that all New Yorkers would benefit from. Well, it’s been three years and nothing has been released.
Instead, there has been repeated legal activity by both NYSERDA and DEC to not produce any information related to this report. The most recent was court action on February 20 - just a day before Gov. Cuomo announced his game changing Article 10 replacement bill - when State Supreme Court Judge Peter A. Lynch found in favor of the ECPP and ordered NYSERDA and DEC to release the study and pay court costs. Then, just days later, NYSERDA and DEC appealed the decision and continue to deny access to this important information.
The question is why not release the report, especially as state policy makers are pushing to increase the pace of industrial renewable development? Why won’t New York tell citizens how it plans to meet CLCPA goals?
Until the report is released, River RATs asks:
1) Is it really possible after three years that the “Secret Report” supporting what has become New York’s ‘national showpiece’ renewable energy policy has not been completed? Is there really no work product to share?
2) If the “Secret Report” is complete, does it show the locations and true number of industrial wind and solar projects planned across rural New York? Is it possible that NYSERDA and DEC don’t want citizens to know what they have planned for their communities?
3) Could the “Secret Report” show that no matter how aggressive New York is with industrial renewable energy siting, that the state’s aggressive goals of the CLCPA can never be achieved?
As Albany attempts to replace Article 10 in further favor of renewable energy developers by eliminating Home Rule and public participation, wouldn’t it be nice to at least have some transparency from policy makers on the State’s true endgame?
Communities in the 1000 Islands under threat from the Horse Creek Wind Project, as well as impacted communities statewide, are entitled to the truth.
Read More: https://www.empirecenter.org/publications/nyserda-must-reveal-secret-study-judge-rules/
February 24, 2020: Gov. Cuomo has introduced legislation that ‘blows up’ Article 10
It’s finally happened. On Friday, the Governor, bending to renewable industry lobbying and climate change opportunism, proposed a total replacement of the Article 10 permitting process by introducing a bill entitled The Accelerated Renewable Energy Growth and Community Benefit Act.
Like other concerned citizens and impacted communities across New York State, we are studying the implications and administrative authority contained in this wholesale replacement of Article 10. Make no mistake, we are entering uncharted waters – even for New York State.
The bill’s intent - to streamline the review process (remember “frictionless”) so renewable developers can site and permit projects in as soon as six but not more than 12 months - comes at the expense of adversely impacted local stakeholders and local control.
Early analysis from concerned community voices across New York confirm that under this new proposed siting process public participation and opposition - intervenor or other - is essentially dismissed or eliminated. And while municipalities may “advise” on local laws, the State's clean energy goals under the CLCPA have priority. Good bye Home Rule?
Like other concerned citizens and impacted communities across New York State, we are studying the implications and administrative authority contained in this wholesale replacement of Article 10. Make no mistake, we are entering uncharted waters – even for New York State.
The bill’s intent - to streamline the review process (remember “frictionless”) so renewable developers can site and permit projects in as soon as six but not more than 12 months - comes at the expense of adversely impacted local stakeholders and local control.
Early analysis from concerned community voices across New York confirm that under this new proposed siting process public participation and opposition - intervenor or other - is essentially dismissed or eliminated. And while municipalities may “advise” on local laws, the State's clean energy goals under the CLCPA have priority. Good bye Home Rule?
Impacted communities will now face a totally a top-down state agency driven process that transfers siting authority, with free rein, to the politically appointed NYS Department of Economic Development’s new “Permitting Office” and NYSERDA. With carte blanche authority to not just permit, but locate and assemble pre-approved “build ready” sites (eminent domain?), allow developers to simply offset environmental damage with financial payments, coordinate PILOT and other “host community” agreements, and a myriad of other powers in favor of the wind and solar industry.
All in the name of green energy and the CLCPA.
This bill still must go through the state legislative process and is subject to change. We’ll see.
Of immediate concern to River RATs is the provision that energy projects that have started the Article 10 process may be able to simply jump to the new accelerated process.
River RATs will report details of the proposed law, its impact on Horse Creek, and best next steps after further evaluation.
Read More: https://www.governor.ny.gov/news/governor-cuomo-announces-30-day-amendment-accelerate-renewable-energy-projects-and-drive?fbclid=IwAR2ZL6uxMRieu3T8IvYDrNI4d8V4IXe4__uNbPVu7RK9dllIbo6JKZTLXa0
All in the name of green energy and the CLCPA.
This bill still must go through the state legislative process and is subject to change. We’ll see.
Of immediate concern to River RATs is the provision that energy projects that have started the Article 10 process may be able to simply jump to the new accelerated process.
River RATs will report details of the proposed law, its impact on Horse Creek, and best next steps after further evaluation.
Read More: https://www.governor.ny.gov/news/governor-cuomo-announces-30-day-amendment-accelerate-renewable-energy-projects-and-drive?fbclid=IwAR2ZL6uxMRieu3T8IvYDrNI4d8V4IXe4__uNbPVu7RK9dllIbo6JKZTLXa0
Important Update - January 27, 2020:
River RATs follow-up whitepaper "The Updated Lens" on the Article 10 Siting Process
River RATs follow-up whitepaper "The Updated Lens" on the Article 10 Siting Process
| the_updated_lens_-_river_rats.pdf |
Important Update - March 18, 2019:
River RATs whitepaper on the Article 10 Siting Process
River RATs whitepaper on the Article 10 Siting Process
| embracing_the_new_paradigm_article_10_changes_river_rats_v2.pdf |
Stop Horse Creek Wind!
River Residents Against Turbines (River RATs) is a community voice dedicated to preserving the health, economy, environment, beauty, and culture of the 1000 Islands by opposing the Horse Creek Wind Project.
Proposed by foreign-owned Spanish multinational corporation Iberdrola, Horse Creek is a massive 14,000 acre industrial wind power generation facility that would destroy the magnificent 1000 Islands region of New York.
The project is currently under review via Article 10 – a New York law that takes away local Home Rule and transfers permitting authority to the New York Public Service Commission (PSC) Siting Board in Albany.
Our goal is to share our opinions, educate the 1000 Islands community, and make sure our voices of opposition are heard by the politicians and decision-makers in Albany.
Proposed by foreign-owned Spanish multinational corporation Iberdrola, Horse Creek is a massive 14,000 acre industrial wind power generation facility that would destroy the magnificent 1000 Islands region of New York.
The project is currently under review via Article 10 – a New York law that takes away local Home Rule and transfers permitting authority to the New York Public Service Commission (PSC) Siting Board in Albany.
Our goal is to share our opinions, educate the 1000 Islands community, and make sure our voices of opposition are heard by the politicians and decision-makers in Albany.
The project as currently proposed:
- 60-72 skyscraper-tall (up to 500+ feet) industrial wind turbines
- Massive 40-story or higher structures visible by day throughout the 1000 Islands, and at night a sea of flashing red lights
- Miles of new access roads and high-voltage transmission lines
- Overshadows the hamlets of Depauville and Lafargeville
- Sites turbines five miles or less from the magnificent St. Lawrence River and the world-famous 1000 Islands, North America’s most beautiful archipelago
- Is located less than five miles from the Watertown International Airport
- Is located less than eight miles from Fort Drum, threatening the region’s largest economic driver
Horse Creek would destroy the beauty, culture, environment, economy, and health of this incomparably scenic, unique, and world-famous region.
Photo: Ian Coristine © All rights reserved
The project is overwhelmingly opposed by a majority of residents and stakeholders, including local and county governments. Since 2006, with widespread resident opposition to the project, developers have continuously failed to earn a Social License from the 1000 Islands community.
Nevertheless, Iberdrola is persisting in their goal to transform this tourist-dependent region into an unwanted and wholly inappropriate mechanical landscape.
Nevertheless, Iberdrola is persisting in their goal to transform this tourist-dependent region into an unwanted and wholly inappropriate mechanical landscape.
Our World ...
Photos top left, top right and bottom center: Ian Coristine © All rights reserved
Photos top middle, bottom right, bottom left: Lee Ellsworth © All rights reserved
Photos top middle, bottom right, bottom left: Lee Ellsworth © All rights reserved
Does Not Fit with Industrial Wind
Photos: National Wind Watch © All rights reserved
Risks to Jefferson County and the 1000 Islands are severe.
Horse Creek would:
Horse Creek would:
- Threaten the physical health and well-being of residents
- Destroy the incredible viewshed that is the foundation of the region's economic model and tourism-based economy
- Reduce home and property values by up to 20% or more
- Cause serious environmental damage, including risks from groundwater contamination
- Kill thousands of birds and bats – including legal permission to kill our federally-protected Bald Eagle
- Damage or destroy cultural resources, including important Native American Sacred Sites and Landscapes that are ancestral to Sovereign Tribal Nations
- Interfere with radar systems and flight operations at the nearby Watertown International Airport
- Interfere with radar systems and flight operations at the Fort Drum Wheeler-Sack military airfield, jeopardizing the stability and continued growth of the region's largest employer
- No local electricity cost savings or service improvements
- The turbines would sit idle at least 70% of time
- Electricity would be shipped 250 miles downstate for the near-exclusive benefit of New York City
So we ask the question:
Why jeopardize all this for the poorly sited Horse Creek project?
River RATs kindly invites you to become an active participant in the ongoing struggle to save our community, landscape, environment and culture.
On the following pages you will find further information:
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Project Description
Local Voices Lack of Social License Property Devaluation History and Article 10 Aviation and Fort Drum Risks Economic and Tourism Risks Cultural Resources Risks Environmental Risks |
Health Risks
Bird and Bat Risks Conservation Risks Renewable Energy About Us Additional Resources Frequently Asked Questions Support River RATs |
Help Us Stop Horse Creek!
New York has replaced the traditional right of Home Rule wherein local citizens and towns make their own decisions with Article 10, a new approval process for industrial wind projects with political decision-making out of Albany.
It is critical that you actively participate in this process and add your voice against this improperly-sited project. The easiest way to make your voice heard is to click the link below and register your comments in the PSC Case File for the Horse Creek Wind Project.
It is critical that you actively participate in this process and add your voice against this improperly-sited project. The easiest way to make your voice heard is to click the link below and register your comments in the PSC Case File for the Horse Creek Wind Project.
Latest Project News
2019
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March
18 |
River RATs publishes Embracing the New Paradigm, a whitepaper offering critical perspectives and recommendations on amending Article 10.
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2018
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Oct.
10 |
PSC Director of Policy and Implementation, Sara Osgood, introduces the concept of making Article 10 "frictionless" at the ACE NY Fall Conference.
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July
28 |
The Depauville Free Library dedicates a Native Pathway historic marker celebrating our region's historic and present connection with Native People.
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June
24 |
The Tug Hill Commission identifies how additional regional wind turbine construction would further degrade the Montague WSR-88D Radar.
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May
9 |
Iberdrola's permit to construct Meteorological Towers in Clayton, which was obtained as part of a legal settlement after employing bullying tactics, expires after 18 months with no on-site activity. This is excellent news for River RATs, as Iberdrola's decision to not build these "met towers" prevents the company from gathering "bankable" wind speed data that is very important to institutional investors that finance wind projects.
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March
27 |
Assemblywoman Addie Jenne's bill to block subsidies for wind projects built near Fort Drum passes the NY Assembly Energy Committee 11-4.
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Feb.
5 |
Horse Creek is identified by Politico NY as a location of significant local opposition to industrial wind.
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2017
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Dec.
6 |
River RATs participates in a work session with the Great Lakes Action Agenda, stressing the importance of protecting the project area's rare alvar terrain.
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Nov.
20 |
River RATs submits comments to the Fort Drum Joint Land Use Study (JLUS) Draft Report.
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Oct.
19 |
Local land trust Ontario Bays Initiative submits a formal letter of opposition to Horse Creek to the PSC.
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Oct.
11 |
River RATs supporters attend the Fort Drum Joint Land Use Study (JLUS) Public Meeting.
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Oct.
4 |
While visiting Watertown, Governor Andrew Cuomo comments on wind turbine projects near Fort Drum, saying "I see the potential danger, and it's something I take very seriously" and "the opinion of Fort Drum and the people of Watertown matters most."
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Oct.
3 |
The Jefferson County Board of Legislators passes a resolution opposing current wind projects near Fort Drum, including Horse Creek.
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Oct.
2 |
The Watertown City Council passes a resolution opposing current wind projects near Fort Drum, including Horse Creek.
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Oct.
5 |
More than 500 comments opposing Horse Creek are filed with the Public Service Commission.
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Sept.
12 |
US Congressional Representative Elise Stefanik (R-NY-21) sends a letter of concern to U.S. Army Chief of Staff General Mark Milley (a former Fort Drum Commander) about industrial wind development near Fort Drum, including the Horse Creek Wind Project. Read Rep. Stefanik's letter here.
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Sept.
12 |
The Fort Drum Regional Liaison Organization (FDRLO) releases a formal position statement strongly opposing eight development-stage industrial wind projects near Fort Drum, including Horse Creek, citing concerns that they “will greatly reduce the installation’s training capability.” Read the story and statement here.
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Sept.
8 |
NY Assemblywoman Addie Jenne (D-NY-116) is exploring legislation that would prevent wind projects around Fort Drum, such as Horse Creek, from receiving state subsidies. Watch Assemblywoman Jenne address this important issue.
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Sept.
8 |
Horse Creek Wind Project has been added to the internationally-renowned Atlas of Environmental Justice (EJ Atlas). Horse Creek is first industrial wind project to be listed in New York and is the first-ever Iberdrola project to be listed in North America. On a global scale, Horse Creek is the fourth Iberdrola-backed wind project listed on the EJ Atlas, joining other controversial projects in Mexico, Brazil and Greece. View the Case File here.
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August
27 |
Iberdrola withdraws Horse Creek from the NYISO Interconnection Queue due to lack of grid capacity for the proposed project. Read the story here.
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August
24 |
NY Department of Environmental Conservation chooses the 1000 Islands, "the Garden of the Great Spirit", as the cover story for their August issue of the Conservationist. Read the story here.
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August
3 |
Audubon New York formally expresses concerns about the Horse Creek Wind Project to the Public Service Commission in Albany, citing the project's location within the Perch Lake Important Bird Area. Read the letter here.
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July
8 |
Opposition to Horse Creek continues to grow! More than 450 public comments opposing the project have now been filed with the Public Service Commission. Add your comment today!
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May
15 |
Thousand Islands Life Magazine publishes an article about Horse Creek and River RATs in their latest issue. Read the story here.
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May
1 |
Community opposition to Horse Creek is taking off! More than 400 public comments opposing the project have now been filed with the Public Service Commission.
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April
4 |
Boldt Castle (pictured above) located just miles from the Horse Creek Wind Project, is voted the " I Love NY" #1 state tourist attraction! What will it take for Iberdrola to understand that the 1000 Islands Region is the wrong place for industrial wind? Read the story here.
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March 30
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More than 20 Horse Creek opponents joined other local citizens and attended the Fort Drum Joint Land Use Study (JLUS) Public Hearing in Evans Mills, contributing concerns about how wind turbines will interfere with military flight operations and the future economic stability and growth of Fort Drum. Read the story here.
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Past Events
August 15th, 2017
Horse Creek Wind Project Information Session
Clayton Municipal Building, Clayton, NY
Clayton Municipal Building, Clayton, NY
River RATs invited the local community to the Clayton Municipal Building in the Village of Clayton, NY to learn about the proposed Horse Creek Wind Project. River Residents Against Turbines made a presentation and answered audience questions.
Watch the WWNYTV Television Report
Watch the WWNYTV Television Report
July 26th, 2017
Horse Creek Wind Project Information Session
The Tabernacle, Thousand Island Park, NY
The Tabernacle, Thousand Island Park, NY
River RATs invited the local community to the Tabernacle at Thousand Island Park, NY to learnabout the proposed Horse Creek Wind Project. River Residents Against Turbines made a presentation and answered audience questions.
River RATs anticipates that Iberdrola will soon take the next step in the Article 10 process by filing a Preliminary Scoping Statement (PSS) with the Public Service Commission. We will keep you informed.
