Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman Briggs and Legislators Allen, Archer, Bartels, Litts, Maio and

Maloney), and The Energy and Environment Committee (Chairman Loughran and

Legislators Richard Parete, Rodriguez, Ronk and Wawro)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit

Committee, Thomas J. Briggs, and Deputy Chairman James F. Maloney offer the

following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Planning; and

WHEREAS, the closed landfill in the Town of Ulster (hereinafter the “Ulster

Landfill”) owned by the Ulster County Resource Recovery Agency (hereinafter

“UCRRA”) is an appropriate site for the location of a solar energy project as

determined by the United States Environmental Protection Agency (hereinafter the

“EPA”); and

WHEREAS, Solar City, a vendor for the installation of solar energy projects

has been awarded funding to subsidize the cost of solar energy to be sold to Ulster

County (hereinafter the “County”) from the New York State Energy Research

Development Agency (hereinafter “NYSERDA”) for a solar energy project to be

located on the Ulster Landfill; and

WHEREAS, it is necessary for the County, working with UCRRA, to obtain

an appropriate property interest in the portion of the Ulster Landfill on which the

solar facility is proposed to be sited; and

WHEREAS, the approvals needed to obtain such property interests, as well as

those needed to construct the solar facility, are actions as defined under NYCRR Part

617.2(b) [SEQRA], and the County is desirous of establishing itself as a lead agency

and conducting a coordinated review as provided for in NYCRR Part 617.6; now,

therefore be it

RESOLVED, that pursuant to 6 NYCRR Part 617.6(b) (3) of the Regulations

pertaining to Article 8 of the Environmental Conservation Law of New York State

(SEQRA), the Ulster County Legislature hereby declares its intent to serve as Lead

Agency for the above recited project; and, be it further 

RESOLVED, that the Ulster County Legislature has determined, after review

of the criteria contained in 6 NYCRR Parts 617.4 and 617.5, that the project is an

Unlisted Action; and, be it further

RESOLVED, that the Ulster County Legislature will conduct a coordinated

review and circulate its Notice of Intent to serve as Lead Agency, together with the

EAF and accompanying documentation to all interested and involved agencies

pursuant to 6 NYCRR Part 617.6(b) (2) (i) and 6 NYCRR Part 617.6(b) (3); and, be

it further

RESOLVED, that pursuant to 6 NYCRR Part 617.6(b) (3), at the conclusion

of an otherwise unchallenged thirty (30) day period following the date of transmittal

of the Notice of Intent, the EAF and documentation aforesaid to the interested

agencies, the Legislature shall become the Lead Agency under SEQRA for this

project,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 23 NOES: 0

Passed Committee: Economic Development, Tourism, Housing, Planning and

Transit on December 1, 2015

Passed Committee: Energy and Environment on December 9, 2015

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 15th Day of December in the year Two Thousand

and Fifteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 16th Day of

December in the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

16th Day of December, 2015. 22

nd Day of December, 2015.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature