Siting Board Meets Regarding Major Wind Farm Project

ALBANY - The New York State Board on Electric Generation Siting and the Environment (Siting Board) today approved a settlement regarding a road usage dispute between Alle-Catt Wind Energy LLC, developer of a 340-MW wind farm in Allegany, Cattaraugus, and Wyoming counties, and Cattaraugus County. The project, along with other wind and solar projects currently under development, is vital to meet the Climate Leadership and Community Protection Act's (Climate Act) aggressive carbon reduction and clean energy targets.

"In keeping with Governor Kathy Hochul's ambitious goals for carbon reduction and for a clean energy economy, we must continue to develop the clean energy resources in New York State needed to help all New Yorkers," said Siting Board Chair Rory M. Christian. "Once operational, Alle-Catt Wind will help reduce our dependence on fossil fuels and demonstrates that renewable energy works in New York and helps move us toward a clean energy future."

On June 3, 2020, the Siting Board approved the construction of the Alle-Catt wind farm. The decision allowed the developer to build and operate a utility-scale wind farm in the Town of Arcade, Wyoming County; the towns of Centerville and Rushford, Allegany County; and the towns of Farmersville and Freedom, Cattaraugus County. In its original decision, the Siting Board delegated to Cattaraugus County the authority to require Alle-Catt to enter into a road-use agreement (RUA).

In June 2021, Alle-Catt filed a petition seeking relief from that requirement, arguing that the County had unreasonably withheld its approval of an RUA. In a November 28, 2023 order, the Siting Board agreed with Alle-Catt and withdrew the RUA authority that it had previously delegated to the County. The Siting Board subsequently denied rehearing on March 26, 2024.

The County then sought judicial review in New York State Supreme Court's Appellate Division, Fourth Department. During the pendency of that litigation, however, Alle-Catt and the County renewed negotiations and agreed to an RUA. In light of this RUA, Alle-Catt and the County jointly petitioned the Siting Board for an order acknowledging that the issues raised in Alle-Catt's June 2021 petition have become moot and that the resulting orders should accordingly be vacated.

In its decision today, the Siting Board agrees with Alle-Catt and the County that the issues raised in Alle-Catt's petition are now moot. Additionally, approval of the terms of the consent order agreement is consistent with the Siting Board's discretionary delegation of road use authority in this Article 10 proceeding. These delegations can promote collaboration and cooperation between developers and affected local governments. Approving the terms of the consent order agreement, under which Alle-Catt and the County have reached a mutually acceptable RUA, is consistent with that discretionary delegation.

Considering the foregoing and the unique facts presented here, the Siting Board determined that the issues raised in Alle-Catt's Petition are now moot, adopted the terms of the Consent Order Agreement, and vacated the relevant orders. Under the agreement, Cattaraugus County will now permanently discontinue its litigation.

The Alle-Catt wind farm is targeted to begin construction in 2024 and be fully operational by 2025. Alle-Catt Wind will boost the local economies of Allegany, Cattaraugus and Wyoming Counties and create jobs, all while generating clean energy to meet New York's growing electricity needs. It will provide $9.1 million in annual community revenue, according to the developer.

New York State's Nation-Leading Climate Plan

New York State's climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation's most aggressive climate and clean energy initiatives, New York is advancing a suite of efforts - including the New York Cap-and-Invest program (NYCI) and other complementary policies - to reduce greenhouse gas emissions by 40 percent by 2030 and 85 percent by 2050 from 1990 levels. New York is also on a path toward a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030 and economy-wide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $28 billion in 61 large-scale renewable and transmission projects across the State, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, nearly $3 billion for clean transportation initiatives and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 170,000 jobs in New York's clean energy sector as of 2022 and over 3,000-percent growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York's climate action with more than 400 registered and more than 130 certified Climate Smart Communities, over 500 Clean Energy Communities, and the State's largest community air monitoring initiative in 10 disadvantaged communities across the State to help target air pollution and combat climate change.

Today's decision may be obtained by going to the Siting Board's Documents section of the at www.dps.ny.gov and entering Case Number 17-F-0282 in the input box labeled "Search for Case/Matter Number". Many libraries offer free Internet access. Documents may also be obtained from the Siting Board's Files Office, 14th floor, Three Empire State Plaza, Albany, NY 12223 (518-474-2500). If you have difficulty understanding English, please call us at 1-800-342-3377 for free language assistance services regarding this press release.

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