Bill Text: NY A00410 | 2015-2016 | General Assembly | Introduced

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Bill Title: Restricts operation of diesel powered electrical generation systems in areas identified as not meeting certain federal air quality standards for ozone; provides limited exceptions for use.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A00410 Detail]

Download: New_York-2015-A00410-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          410
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. ROSENTHAL, GLICK, ORTIZ, JAFFEE, LUPARDO, STECK,
         QUART -- Multi-Sponsored by -- M. of A. BRENNAN, BROOK-KRASNY,  CLARK,
         CRESPO,  DINOWITZ,  ENGLEBRIGHT,  GALEF, GOTTFRIED, PERRY -- read once
         and referred to the Committee on Economic Development
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         restricting  the  operation  of  diesel  powered electrical generation
         systems in areas identified as not meeting certain federal air quality
         standards for ozone
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 19-0311-a to read as follows:
    3  S 19-0311-A. RESTRICTED OPERATION OF DIESEL POWERED  ELECTRICAL  GENERA-
    4                 TORS.
    5    THE  GENERATION  OF  ELECTRICITY FOR PUBLIC OR PRIVATE USE BY MEANS OF
    6  DIESEL COMBUSTION GENERATION FACILITIES SHALL BE PROHIBITED IN ANY COUN-
    7  TY OR PART THEREOF THAT IS  DESIGNATED  NONATTAINMENT  FOR  OZONE  UNDER
    8  SECTION  7407  OF  THE  CLEAN  AIR  ACT ("ACT") AND CLASSIFIED AS SEVERE
    9  NONATTAINMENT UNDER SECTION 7511 OF THE ACT; OR DESIGNATED AS NONATTAIN-
   10  MENT FOR PM2.5 UNDER SECTION 7407 OF THE ACT, OR HAS BEEN SO  DESIGNATED
   11  WITHIN THE PRIOR CALENDAR YEAR, UNLESS:
   12    1.  THE  DIESEL  COMBUSTION FACILITY HAS A GENERATING CAPACITY OF LESS
   13  THAN ONE HUNDRED KILOWATTS;
   14    2. THE DIESEL COMBUSTION FACILITY COMPLIES WITH  OR  EXCEEDS  EMISSION
   15  STANDARDS  ADOPTED FOR SUCH FACILITIES BY THE DEPARTMENT FOR PARTICULATE
   16  MATTER AND NITROGEN OXIDES;
   17    3. THE DIESEL COMBUSTION FACILITY  IS  USED  SOLELY  AS  AN  EMERGENCY
   18  BACK-UP SYSTEM DURING A POWER OUTAGE; OR
   19    4.    THE  DIESEL  COMBUSTION FACILITY USES COGENERATION TECHNOLOGY TO
   20  UTILIZE THE WASTE HEAT.
   21    S 2. This act shall take effect twenty-four months after it shall have
   22  become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04059-01-5