On August 4, 2011 municipal “Home Rule” was stripped away when the “Power NY Act” was signed into law. Also known as Article X, this swiftly passed law was prompted by separate bills in the Senate and Assembly. The combined bill passed with very little public input, late at night behind closed doors.
Coalition On Article X (COAX) was formed to preserve and regain our municipal “Home Rule” rights. New York State has always prided itself on the fact that it is a “Home Rule” State.
Article X allows the State to intercede on all energy production facilities of 25 mW or greater. This replaces local municipal laws and SEQRA. A committee appointed by the Public Service Commission will include five (5) Albany bureaucrats to determine the fate of all Statewide municipalities.
It is no secret that Governor Cuomo’s strong desire to close Indian Point Nuclear facility requires that other energy sources be developed and sited. He has criticized municipalities in moving slowly on several projects, slowing job development. He has placed considerable interest and State resources to allow renewable energy (wind and solar) and gas refining to be the job growth stimulator. However, looking at the bigger picture, gas refining and renewable energy have a greater cause – base load power replacement for the Indian Point nuclear facility.
The greater cause can only be realized if ‘fracking” is stimulated, while transmission line build out is debottlenecked. It should be considered no coincidence that Federal Energy Regulatory Commission (“FERC”) and the Department of Energy (“DOE”) have placed considerable interest in interstate and intrastate transmission line build out and smart grid.
“Fracking” will produce the much needed gas required to run newer gas turbine power plants. These power plants will be sited by New York State under Article X, and the required transmission lines will be developed under Federal auspices. As a by-product Governor Cuomo would be credited with job growth stimulus and tax revenue increases for gas drilling, power plant construction and transmission line erection, all while he merely checks off a campaign promise to close Indian Point Nuclear facility.
His Departments of Conservation and Environmental Protection have been stripped and remain powerless to persevere the lands of New York State. Governor Cuomo with the sharpest tool in his box (Article X) can now place steel tubes above ground (wind turbines) and below ground (fracking wells) throughout New York State.
The future of fracking and transmission line build out is dependent on Article X’s success. We ask all Anti-Fracking and Environmental Groups to join COAX’s cause to restore Home Rule – each of our fates are very much intertwined. Please join in soliciting your County and Town to officials pass Resolution that opposes Article X.
