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A07768 Summary:

BILL NOA07768A
 
SAME ASSAME AS S07006-A
 
SPONSORKelles
 
COSPNSRThiele, Barron, Magnarelli, Clark, Barrett, Lupardo, Colton, Perry, Gottfried, Rosenthal L
 
MLTSPNSR
 
Add §174, Pub Serv L
 
Relates to certificate and permit conditions for dormant power generating facilities that are in layup or out of service.
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A07768 Actions:

BILL NOA07768A
 
05/21/2021referred to energy
05/25/2021reported referred to rules
06/02/2021reported
06/02/2021rules report cal.404
06/02/2021ordered to third reading rules cal.404
06/02/2021amended on third reading (t) 7768a
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A07768 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7768A
 
SPONSOR: Kelles
  TITLE OF BILL: An act to amend the public service law, in relation to certificate and permit conditions for dormant power generating facilities that are in layup or out of service   PURPOSE: To prevent automatic transferal of a certificate and air and water permits issued to a major electric generating facility by the Public Service Commission and Department of Environmental Conservation prior to 2012 before the Article 10 siting law and review process for major elec- tric generating facilities was enacted.   SUMMARY OF PROVISIONS: Section 1 amends public service law for any power generating facility that was permitted prior to 2012 and has provided notification of layup or is out of service. Any such facility shall not transfer a certificate issued by the Public Service Commission or air and water permits issued by the Department of Environmental Conservation prior to 2012 and shall not utilize a fossil fuel resource to produce electricity, or for any other industrial purpose, without issuance of a new certificate by the commission. Section 2 provides the effective date.   EXISTING LAW: Article 10 of the Public Service Law.   JUSTIFICATION: Fossil fuel power plants across the state are allowed to extend previ- ously-issued certificates, permits or authorizations if they restart power generation after a period of dormancy. Often, those certificates, permits or authorizations were granted decades ago for a power plant that was running at a high capacity. Today, these plants are typically re-activated to operate infrequently during periods of high electricity demand, yet can automatically extend certificates that allow for vast levels of air emissions, water usage and discharge, and other capacities that far outstrip the intended intermittent power generation usage. By extending existing authorizations, these facilities may be used for other industrial purposes that were not considered when originally certified. This bill will require a new certificate to be issued by the Public Service Commission for a re-activated facility to operate.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: On the one hundred eightieth day after it becomes a law.
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A07768 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7768--A
                                                                   R. R. 404
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 21, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  KELLES,  THIELE,  BARRON, MAGNARELLI, CLARK,
          BARRETT, LUPARDO -- read once and referred to the Committee on  Energy
          -- reported and referred to the Committee on Rules -- ordered to third
          reading,  amended  on  the  special  order  of  third reading, ordered
          reprinted as amended, retaining its place  on  the  special  order  of
          third reading
 
        AN  ACT  to amend the public service law, in relation to certificate and
          permit conditions for dormant power generating facilities that are  in
          layup or out of service
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The public service law is amended by adding a  new  section
     2  174 to read as follows:
     3    §  174.  Certificate  and permit conditions for dormant facilities. 1.
     4  Notwithstanding subdivision two of section one hundred sixty-two of this
     5  article, a certificate and any air  and  water  permits  issued  by  the
     6  department  of environmental conservation shall not be transferred for a
     7  major electric generating facility that was permitted prior to two thou-
     8  sand twelve and has provided notification that such facility is in layup
     9  or out of service.
    10    2. A major electric generating facility that was  permitted  prior  to
    11  two thousand twelve and that has provided notification that such facili-
    12  ty  is  in  layup  or  out  of  service  shall not utilize a fossil fuel
    13  resource to produce electricity, or for any  other  industrial  purpose,
    14  without  issuance of a new certificate by the commission and issuance of
    15  new air and water permits by the department of  environmental  conserva-
    16  tion.
    17    § 2. This act shall take effect on the one hundred eightieth day after
    18  it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11477-03-1
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