North Country Gazette



AG Establishes Wind Industry Ethics Code

Posted on Thursday, 30 of October , 2008 at 7:50 pm

ALBANY—A new Wind Industry Ethics Code that establishes guidelines to facilitate the development of alternative energy in New York while assuring the public the wind power industry is acting properly and within the law has been announced by the state Attorney General’s office.

 

The Code calls for new oversight through a multi-agency task force and establishes unprecedented transparency that will deter any improper relationships between wind development companies and local government officials.

 

The first companies to sign the Attorney General’s Wind Industry Ethics Code are Essex, Conn.-based Noble Environmental Power, LLC and Newton, Mass.-based First Wind (formerly known as UPC Wind). Both companies currently operate wind farms in New York and have several others in development.

 

The Wind Industry Ethics Code is a result of the Attorney General’s investigation into, among other things, whether companies developing wind farms improperly sought land-use agreements with citizens and public officials, and whether improper benefits were given to public officials to influence their official actions relating to wind farm development.  Both Noble and First Wind fully cooperated in the inquiry and their assistance was instrumental in developing the Code of Conduct that has been announced.

 

The Attorney General’s Wind Industry Ethics Code prohibits conflicts of interest between municipal officials and wind companies and establishes vast new public disclosure requirements. The Code:

 

  • Bans wind companies from hiring municipal employees or their relatives, giving gifts of more than $10 during a one-year period, or providing any other form of compensation that is contingent on any action before a municipal agency
  • Prevents wind companies from soliciting, using, or knowingly receiving confidential information acquired by a municipal officer in the course of his or her officials duties
  • Requires wind companies to establish and maintain a public Web site to disclose the names of all municipal officers or their relatives who have a financial stake in wind farm development
  • Requires wind companies to submit in writing to the municipal clerk for public inspection and to publish in the local newspaper the nature and scope of the municipal officer’s financial interest
  • Mandates that all wind easements and leases be in writing and filed with the County Clerk
  • Dictates that within 30 days of signing the Wind Industry Ethics Code, companies must conduct a seminar for employees about identifying and preventing conflicts of interest when working with municipal employees

 

The AG’s office  is also establishing a new task force that will monitor wind companies to ensure they are in compliance with the Code of Conduct. Members of the task force will include a representative from the Attorney General’s office, Franklin County District Attorney Derek P. Champagne, Monroe County District Attorney Michael C. Green, Wyoming County District Attorney Gerald Stout, Executive Director of the New York State Association of Counties Stephen Acquario, Executive Director of the New York State Association of Towns G. Jeffrey Haber, and New York Public Interest Research Group Legislative Director Blair Horner.  

 

The New York State Energy Research Development Authority (NYSERDA) estimates that wind power has the potential to provide 20 percent of the state’s electricity demand and a 2005 report by the state Comptroller’s Office estimates the alternative energy industry could add 43,000 jobs in New York by 2013.

 

Noble Environmental Power, LLC, has three active wind farms in New York; the Noble Clinton Windpark and Noble Ellenberg Windpark in Clinton County, and the Noble Bliss Windpark in Wyoming County. Other possible future locations include Allegany, Chautauqua, Clinton, Franklin, and Wyoming Counties.

 

Any complaints about wind development companies should be sent to the newly created Task Force by e-mailing them to WindTaskForce@oag.state.ny.us.

 

Complaints about other industries or local officials should be made to the Office of the Attorney General by e-mailing them to public.integrity@oag.state.ny.us or by calling 1-800-428-9072.  10-30-08

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