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
