A04254 Summary:

BILL NO    A04254 

SAME AS    No same as

SPONSOR    Brodsky (MS)

COSPNSR    

MLTSPNSR   Clark, Cook, Cymbrowitz, Galef, Gianaris, Glick, Gottfried, Jacobs,
           Millman, Nolan

Amd SS19-0107 & 19-0301, En Con L

Directs the department of environmental conservation to promulgate standards
for emission of regulated air contaminants from small electric generating
sources (defined within); specifies criteria therefor; provides for a
permitting requirement and an alternative permitting mechanism involving a
registration process.

A04254 Actions:

BILL NO    A04254 

02/02/2009 referred to environmental conservation
01/06/2010 referred to environmental conservation

A04254 Votes:

A04254 Memo:

 BILL NUMBER:  A4254

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to standards for emissions from small electric generating
sources

 PURPOSE OR GENERAL IDEA : To direct the Department of Environmental
Conservation ("DEC") to promulgate rules and regulations establishing
performance standards for the emissions of small stationary sources
that generate 10 kilowatts or more of electricity for which there are
no adequate emissions standards under existing state or federal law.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :  Adds a new
subdivision 2 to section 19-0301 and a new subdivision 25 to section
19-0107 to the Environmental Conservation Law ("ECL").

 SUMMARY OF SPECIFIC PROVISIONS :  Requires the DEC to promulgate
rules and regulations establishing performance standards emissions
from small electric generating sources that are the equivalent to new
dual cycle natural gas major source generators meeting best available
control technology. The bill requires a permitting system be
implemented by the department to accomplish a means to this end.

"Small electric generating source" is defined as any stationary source
that has the capacity or potential capacity to generate 10 kilowatts
or more of electricity, emits a regulated air contaminant and is not
defined as a major air contamination source pursuant to Article 19 of
the ECL or the Federal Clean Air Act.

The bill also allows an alternative permitting mechanism by allowing a
manufacturer to certify such equipment meets applicable requirements
when operated under likely conditions and in accordance with
manufacturer instructions. The manufacturer certification shall be of
a term not to exceed 5 years.

 JUSTIFICATION : Until recently, small electricity generators were
almost exclusively used during emergencies, i.e. during blackouts. But
as a result of deregulation and changes in price, availability, and
technology, small generators are increasingly used as a regular
supplemental power source. This trend is expected to continue, and
these small sources have the potential to play an important role in
providing electricity to New Yorkers. These sources, referred to as
distributed generation, can be very clean, including small wind
turbines, solar panels, natural gas microturbines that recover heat,
or fuel cells. They also can be very polluting, such as diesel fueled
internal combustion engines that emit more than 100 times the oxides
of nitrogen (pollutants that cause smog and acid rain) of a modern
natural gas central station power plant on a per-kilowatt basis.

Because these sources were historically not widely used, there are
generally no applicable standards for pollution emissions from these
sources. If this loophole is not closed, these sources will continue
to proliferate unregulated and progress on air quality will erode. In
order to promote clean distributed generation and discourage highly
polluting generators, the DEC should establish emission standards that
are at least as clean as a modern central station power plant. While
these sources should be required to obtain operating permits from DEC
that enforce these standards, the permitting process should be
streamlined for those sources that meet the strictest standards and
are so certified by their manufacturers. In this way, public policy
should encourage these very clean on-site generators while ensuring
proper regulation and oversight of all electricity generators.

 PRIOR LEGISLATIVE HISTORY : A.8911 (2001-02), a.7239 (2004), A.1805
(2005-06). A.1092 (2007-2008).

 FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS :  None noted.

 EFFECTIVE DATE : Immediately.