Warwick objects to potential state overreach via letter-writing campaign

The town of Warwick has authorized Supervisor Jesse Dwyer to send letters to the state legislator voicing the town’s opposition to a state bill that the town alleges would strengthen the powers of the Office of Renewable Energy Siting (ORES) by enabling this agency to mandate that large stand-alone lithium ion storage facilities be built over a town’s objections and limit said town’s zoning authority in regards to battery energy storage systems facilities.

The state bill referenced in the motion, S7834, was first introduced in 2023 by State Senator Pete Harckham. According to the New York State Senate website, there was a motion to recommit the bill with a stricken clause, and it is currently in committee at the State Senate.

“While the town board reviews and strengthens our laws to serve the needs of Warwick, there is a bill in the Senate right now that would essentially take away the zoning powers of the local municipalities and give it to a bureaucratic state agency. The town board is fully opposed to this removal of local authority,” said Dwyer. “We understand the state is pushing this technology, but we will only allow the siting of these facilities under strict and direct review of our planning and zoning boards.”

However, the bill in question does not actually change local zoning authority as alleged by the town. The only action the bill takes is to change the definition of what the ORES considers a “major renewable energy facility,” from the current standard of 25,000 kilowatts to 5,000 kilowatts, as long as they are not co-located with major renewable energy facilities. The bill does not mention any other changes to current law.

Supervisor Dwyer told the Advertiser he had received a correspondence from a concerned citizen of another New York State town, who claimed the proposed legislation “is part of [Governor Kathy Hochul’s] agenda to increase the construction of BESS lithium-ion battery storage facilities.” In the letter, the citizen claimed that the bill would enable the ORES to mandate the siting of such facilities even if the local government voted against it. Although the bill does not mandate those actions, ORES already has the authority to do as the letter writer claimed. ORES was established in 2020.

ORES authority

While the board’s motion may wrongly attribute ORES’ siting authority to Senate Bill S7834, it is worth noting that the Town’s concerns about the agency’s overreach are not unfounded. According to the text of Executive Law 94C, the ORES may only issue a final siting permit if the proposed project complies with applicable laws and regulations and may make this determination by applying, in whole or in part, any local law or ordinance. However, the ORES has the authority to waive “unreasonably burdensome” local laws that would undermine the state’s climate goals. And ORES has the authority to determine what is overly burdensome. This waiver was upheld by the New York State Appellate Court in May 2023 when it affirmed the State of New York Supreme Court, Appellate Division Third Judicial Department’s dismissal of “Town of Copake vs. New York State Office of Renewable Energy Siting.” In the decision, the Appellate Court noted that the waiver provision was not unconstitutional under the state constitution’s home rule provision.

At the New York State Executive Budget Hearing on February 7, ORES Executive Director Houtan Moaveni stated, “ORES’ record of decisions confirm that local governments and community stakeholders have fairly and meaningfully participated in the permitting proceedings and their concerns have been incorporated into the final decisions.”

ORES does require an applicant to inform a local government and residents of its plans before even applying to the agency for a permit, and the applicant must provide the ORES with all local public and municipal correspondences and grievances, but the applicant can also request the ORES waive any so-called burdensome local laws.

The town currently has a moratorium on renewable energy technology business applications, a move taken after two battery storage facilities within the town experienced fires last year. It is unclear whether the ORES would consider that moratorium a burdensome local law.

Greenwood Lake damage

Supervisor Dwyer addressed the devastating impact of a recent severe storm system on the town of Warwick, particularly the village of Greenwood Lake. He reported that he has been working with the superintendent of the Greenwood Lake School Union Free School District, Sarah Hadden, to aid families that were impacted by the storm. The Supervisor shared that the town board has agreed to open cabins at Mountain Lake Park to serve as temporary housing for any displaced families. Dwyer thanked neighboring towns and villages as well as county and state departments for their support in helping the town of Warwick recover from the storm.

“I would like to thank everyone involved in the immediate aftermath of the storm and the ongoing efforts to clean up and respond to the disaster,” said Dwyer.

Other business

Dwyer provided an update on Warwick’s efforts to upgrade the Wickham Sewer District, noting that town continues to follow through with the necessary steps toward the $16 million grant for the project. In addition, the Supervisor reported that, after the district received a violation from the Department of Environmental Conservation, he and the town sewer department have been in contact with the DEC and have implemented a short-term solution that will satisfy their requirements until longer-term financing is available to support the plant.

Warwick adopted the state-mandated cardiac arrest management plan for the town. Dwyer noted that this plan will serve as a model for all sports teams town-wide so that they may be able to comply with the state mandate. The Supervisor thanked town of Warwick Recreation Director Samantha Walter for her hard work in bringing this plan to fruition.