Bill Text: NY S05232 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to a proposed electric generating facility in the county of Suffolk.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-16 - PRINT NUMBER 5232A [S05232 Detail]

Download: New_York-2015-S05232-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5232
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 8, 2015
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed to the Committee on Local Government
       AN ACT in relation to a proposed electric  generating  facility  in  the
         county  of  Suffolk;  and  providing for the repeal of such provisions
         upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Notwithstanding any other section of law or regulation, an
    2  electric generating facility proposed to be constructed on a site at all
    3  or a portion of tax map plots  206/007-01-001.1,  206/007-01-001.3,  and
    4  206/007-01-001.2  in  the  village  of  Port  Jefferson in the county of
    5  Suffolk to which a certificate of completion has been issued pursuant to
    6  section 27-1419 of the environmental conservation law shall be deemed to
    7  be a site used primarily for manufacturing as that term is delimited  in
    8  subparagraph  (A) of paragraph (3-a) of subdivision (a) of section 21 of
    9  the tax law, and such site shall be considered in an environmental  zone
   10  as  described in subparagraph (A) of paragraph (6) of subdivision (b) of
   11  section 21 of the tax law and  subparagraph  (A)  of  paragraph  (5)  of
   12  subdivision (a) of section 22 of the tax law if such electric generating
   13  facility:
   14    1.  is  designed  and intended to operate at an electricity production
   15  efficiency level of at least forty-eight percent;
   16    2. will be capable of producing at least 600 MW of electric generating
   17  capacity running at least 7000 hours per year;
   18    3. will be able to achieve a 2 parts per  million  limit  for  nitrous
   19  oxide emissions using Lowest Achievable Emission Rate technologies;
   20    4. will utilize Lowest Achievable Emission Rate technologies if feasi-
   21  ble,  or,  at  a minimum, Best Available Control Technologies for carbon
   22  monoxide and sulfur dioxide emission levels;
   23    5. will safely demolish and remove from  the  site  the  existing  two
   24  operating  175 MW generators currently operating on the site and the two
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03158-01-5
       S. 5232                             2
    1  40 megawatt generators that are decommissioned at the site, and the  two
    2  79  megawatt  peaking units on the site must either be safely demolished
    3  and removed from the site or will  only  be  operated  under  conditions
    4  determined  to  meet  the criteria of an energy emergency as declared by
    5  the New York independent system operator;
    6    6. will have been issued such certificate of completion no later  than
    7  March 31, 2020; and,
    8    7.  will  place  in  service the new electric generating facilities no
    9  later than March 31, 2023.
   10    S 2. This act shall take effect immediately and shall  expire  and  be
   11  deemed repealed on April 1, 2023.