East Greenbush Resolution Against E37

96-2019 A Resolution Opposing the E37 Pipeline

WHEREAS, Niagara Mohawk Power Corporation d/b/a National Grid is proposing via the Pipeline E37 Reliability and Resiliency Project to install approximately 7.3 miles of new 16- inch diameter natural gas transmission pipeline with a maximum allowable operating pressure of 300 pounds per square inch within the Town of Bethlehem in Albany County, under the Hudson River, and through the Town of East Greenbush into the Town of North Greenbush; and

WHEREAS, National Grid has applied to the New York State Public Service Commission (PSC) for a Certificate of Environmental Compatibility and Public Need (Certificate or CECPN) under Section 121-a of the New York State Public Service Law; and

WHEREAS, the Project is subject to subdivision three of PSL Section 121-a of Article VII because it will be a gas transmission facility of greater than 125 pounds per square inch (PSI), will be less than 10 miles long, and will have a diameter greater than 6 inches; and

WHEREAS, the Article VII process allows local land use regulation in East Greenbush to be preempted, including the preemption of the Town of East Greenbush Zoning code; and

WHEREAS, the proposed pipeline route in East Greenbush would require horizontal drilling under the Hudson River; and WHEREAS, the proposed pipeline has the capability to carry natural gas extracted through a process that includes hydraulic fracturing, or “fracking,” and this process has been found to contaminate clean water resources, create toxic air emissions and radioactive waste, and release large quantities of methane gas into the atmosphere; and

WHEREAS, the Pipeline would carry a large volume of natural gas through the Town of East Greenbush, which would place residents in harm’s way should an explosion or leak occur; and

WHEREAS, the representatives from National Grid were unable to specify the length of pipeline within the Town of East Greenbush, and were unable to provide a definitive percentage of the proposed E37 Pipeline that would be outside of their existing Right of Way; and 20

WHEREAS, the representatives from National Grid stated that the E37 Pipeline will not result in any additional residential or commercial service within the Town of East Greenbush; and

WHEREAS, the representatives from National Grid stated that that there have been no service disruptions within the Town of East Greenbush; and WHEREAS, the representatives from National Grid stated that construction and operation of the E37 Pipeline will result in no additional source of financial support to the Town of East Greenbush; and

WHEREAS, the E37 Pipeline proposal includes installation of 10 surface valve site facilities designed to provide blowdown, or a release of pressurized natural gas in the Town of East Greenbush; and

WHEREAS, any rupture or compromise of the pipeline, even without an explosion or fire, would require extraordinary cleanup efforts, could force residents from their homes, and place a large number of residents in close proximity to hazardous materials; and

WHEREAS, East Greenbush residents depend on ground water and public community water systems for potable water supplies, the integrity and safety of which may be jeopardized by construction and operation of the pipeline; and

WHEREAS, the Mid-Hudson Regional Sustainability Plan calls for becoming less energy and fossil fuel intensive while strengthening the regional economy, expanding renewable energy generation exponentially across the Region, and improving the resilience of the energy delivery system; and

WHEREAS, construction of the E37 Pipeline to support and expand markets for fossil fuels is directly contrary to these regional and statewide clean energy plans and goals; and

WHEREAS, the East Greenbush Town Board’s responsibility is to provide a safe environment for its residents, and this pipeline raises serious safety concerns as described above; and

WHEREAS, the proposed E37 Pipeline potentially threatens the environment, health, safety, and welfare of the community; negatively impact the cultivated fields near the route; decrease the values of homes located along its route and in surrounding neighborhoods; and negatively impact potential future development in East Greenbush; and

WHEREAS, National Grid has failed to present a reliability and resiliency need for the E37 Pipeline project; now, therefore, be it

RESOLVED that the Town Board of the Town of East Greenbush:

1. Opposes the proposed E37 Pipeline Project; and
2. Urges Governor Cuomo to reject construction of the E37 Pipeline Project as inconsistent with the ambitious clean energy goals he has set for the State; and
3. Urges the Rensselaer County Legislature to state their opposition to construction of the E37 Pipeline Project via Resolution; and
4. Directs the Town Clerk to forward copies of this resolution to Diane Burman, Commissioner of the New York State Public Service Commission, NYS DEC Commissioner Basil Seggos, Governor Andrew Cuomo, U.S. Senators Charles Schumer and Kirsten Gillibrand, and U.S. Congressman Paul Tonko, State Senator Daphne Jordan, Member of NYS Assembly Jake Ashby, and Rensselaer County Executive Steven McLaughlin.