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.
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
