While Thursday mornings are often not the best time to conduct a public meeting, roughly 30 constituents took time out of their day to see and hear from their rookie state representatives, Assemblyman Sean Hanna and Sen. Patrick Gallivan, in an hour-long town hall -style meeting in Springwater last week.

“Are windmills an issue here?” He asked next.

Wind turbines caused an upheaval in Springwater a few years ago, as well as more recently in neighboring Cohocton. Gallivan spoke about how turbines have divided communities across the state, and that Article 10 legislation was passed to effect power projects more than 25 megawatts, the equivalent of about 17 turbines.

“The negative is the loss of 100-percent local control. The positive is that more people can have a say in what takes place.”

According to the legislation, Gallivan said that residents in a neighboring town could have a say in the placement of the turbines if they are potentially effected.

The floor was then opened to comment and questions. James Hall of Cohocton, was the first to speak.

Hall was a vocal opponnent of the wind turbine construction in Cohocton, and said that he is now part of a new organization called, Coalition On Article X (COAXNY).

He said the Article 10 legislation is “a direct assault on home rule,” and that across the state, municipalities will lose control of land use.

“This is about usurping the ability of towns like Springwater to have a say,” he said.

Gallivan said he did state there is a down side to Articl 10, and said he would be happy to meet with Hall to hear more on the issue.

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ALBANY — It can be a tricky political contortion to sponsor a program, and then stand with a group that vows to dismantle its financial underpinnings.

But state Sen. George Maziarz, R-Newfane, will try to pull it off Tuesday, when he’ll appear with representatives of the political action group Americans for Prosperity at a news conference calling for the demise of the Regional Greenhouse Gas Initiative.

RGGI is the nation’s first state-level greenhouse gas cap-and-trade program, in which power plants must buy enough state-issued permits to cover emissions of carbon dioxide, which an international scientific consensus blames as the cause of man-made climate change.

New York helped launch the multi-state program three years ago. The AFP plans to blast it as “destructive” and a “job-killer,” especially for the AES Somerset coal-fired power plant.

Americans for Prosperity has financial ties to conservative Kansas petrochemical billionaires David and Charles Koch, who fund campaigns to deny man-made climate change.

The presence of Maziarz at the rally is slightly more surprising, considering that he was a sponsor and strong supporter of last year’s Green Jobs/Green NY bill, which relies on RGGI proceeds to help homeowners make residences more energy-efficient.

On his official Senate website, Maziarz touts Green Jobs as the key to creating as many as 60,000 new jobs in the state. In December, the senator told his constituents that the RGGI-supported program was “designed to reduce the energy bills of hundreds of thousands of moderate income homeowners, limit greenhouse gas emissions and revitalize struggling communities.”

Maziarz chairs the Senate’s Energy and Telecommunications committee. In a statement, his spokesman said the senator’s presence was merely a reflection of concerns over “the long-term fiscal health of AES Somerset, the largest taxpayer not only in the town, but in Niagara County.”

“Sen. Maziarz will add some critical context to New York’s participation in RGGI. He’ll also be there to give the grievances a fair hearing, as these are his constituents,” the statement said in part.

“RGGI has been a reality in New York thanks to executive, not legislative action,” said Adam Tabelski, the lawmaker’s spokesman, in an e-mail Monday.

“As a legislator, Sen. Maziarz has tried to make sure that RGGI monies are used to create jobs in our communities. If jobs in some sectors are threatened to by participation in RGGI, that has to be evaluated, too,” Tabelski said.

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By: Mark Lebel

The New York City Department of Environmental Protection (“NYCDEP”) recently released a report discussing the economic and environmental effects of a hypothetical retirement of Indian Point Energy Center (“Indian Point”), which comprises two large nuclear generation units in Cortlandt, New York in the Lower Hudson Valley. The report discusses some of the negative implications of shutting down such a major generator of electricity. Nuclear power results in no air pollution and has low marginal costs to generate electricity. As a result, the report concludes that most potential replacements for Indian Point would result in higher electricity prices and more air pollution. The report estimates that retiring Indian Point could increase costs to consumers across New York State by up to 10%, or over $1 billion dollars per year, starting in 2016. The report also found that retiring Indian Point could result in substantial increases in local air pollutants and greenhouse gases.

In order to continue operating over the long term, Indian Point needs to be re-licensed by the U.S. Nuclear Regulatory Commission and needs a new water quality certificate from the New York State Department of Environment Conservation. New York Governor Andrew Cuomo’s longstanding position is that Indian Point should be shut down because of the risks that it may pose to nearby populations, including those in New York City.

Gov. Cuomo recently signed legislation that reinstates Article X of the Public Service Law. Article X centralizes and streamlines the siting approval process for new power plants in New York. Part of the justification for this legislation was that streamlining siting approval would make it easier to replace Indian Point.

Entergy, the owner of Indian Point, continues its campaign to re-license the plant; notable public relations efforts include maintaining a dedicated twitter feed and reportedly attempting to hire former Mayor Rudolph Giuliani to be a spokesman for the safety of the plant.

Sive, Paget & Riesel represents the Town of Cortlandt in the ongoing state and federal proceedings relating to Indian Point’s proposed relicensing.

Mark Lebel is a Summer Associate at Sive, Paget & Riesel

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