S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4254

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 2, 2009
                                      ___________

       Introduced  by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. CLARK,
         COOK, CYMBROWITZ, GALEF, GIANARIS, GLICK, GOTTFRIED, JACOBS,  MILLMAN,
         NOLAN  --  read  once  and  referred to the Committee on Environmental
         Conservation

       AN ACT to amend the environmental conservation law, in relation to stan-
         dards for emissions from small electric generating sources

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Section  19-0107 of the environmental conservation law is
    2  amended by adding a new subdivision 25 to read as follows:
    3    25. "SMALL ELECTRIC GENERATING SOURCE" MEANS ANY STATIONARY SOURCE  OR
    4  COMBINATION  OF  STATIONARY  SOURCES  THAT HAS THE CAPACITY OR POTENTIAL
    5  CAPACITY TO GENERATE TEN OR MORE KILOWATTS OF ELECTRICITY, EMITS A REGU-
    6  LATED AIR CONTAMINANT, AND IS NOT DEFINED AS A MAJOR  AIR  CONTAMINATION
    7  SOURCE  PURSUANT TO THIS ARTICLE OR THE FEDERAL CLEAN AIR ACT (42 U.S.C.
    8  SECTION 7401 ET SEQ.).
    9    S 2. Subdivision 2 of section 19-0301 of the  environmental  conserva-
   10  tion law is amended by adding a new paragraph f to read as follows:
   11    F.  BY  JANUARY FIRST, TWO THOUSAND ELEVEN, PROMULGATE RULES AND REGU-
   12  LATIONS ESTABLISHING PERFORMANCE STANDARDS FOR THE EMISSION OF REGULATED
   13  AIR CONTAMINANTS FROM SMALL ELECTRIC GENERATING SOURCES.  SUCH  EMISSION
   14  STANDARDS SHALL BE EQUIVALENT WITH THE PERFORMANCE (ON THE BASIS OF UNIT
   15  OF POLLUTANT EMITTED PER UNIT OF ENERGY OUTPUT) OF NEW NATURAL GAS MAJOR
   16  SOURCE  GENERATORS MEETING BEST AVAILABLE CONTROL TECHNOLOGY PURSUANT TO
   17  THIS ARTICLE AND THE FEDERAL CLEAN AIR ACT (42 U.S.C.  SECTION  7401  ET
   18  SEQ.).
   19    (1) PERFORMANCE OF SMALL ELECTRIC GENERATING SOURCES SHALL BE MEASURED
   20  IN  POUNDS  OF  POLLUTION  PER MEGAWATT-HOUR USEFUL ENERGY OUTPUT, WHERE
   21  USEFUL ENERGY OUTPUT INCLUDES HEAT GENERATED  BY  SYSTEMS  SOLD  BY  THE
   22  ORIGINAL  EQUIPMENT  MANUFACTURER  AS  A  COMBINED  HEAT AND ELECTRICITY
   23  GENERATOR.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07337-01-9
       A. 4254                             2

    1    (2) RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS  ARTICLE  SHALL
    2  INCLUDE  A  PERMITTING  REQUIREMENT  FOR  ALL  SMALL ELECTRIC GENERATING
    3  SOURCES IN ORDER TO ENFORCE THE PERFORMANCE STANDARDS.
    4    (3)  THE DEPARTMENT SHALL ALSO DEVELOP AN ALTERNATIVE PERMITTING MECH-
    5  ANISM AND MAKE THIS MECHANISM AVAILABLE TO COVER ONLY THOSE SMALL  ELEC-
    6  TRIC GENERATING SOURCES THAT HAVE BEEN CERTIFIED BY THE MANUFACTURER AND
    7  VERIFIED BY A THIRD-PARTY, WHICH IS DULY AUTHORIZED BY THE DEPARTMENT TO
    8  VERIFY  SUCH  COMPLIANCE,  TO MEET APPLICABLE PERFORMANCE STANDARDS WHEN
    9  OPERATED UNDER LIKELY CONDITIONS AND  IN  ACCORDANCE  WITH  MANUFACTURER
   10  INSTRUCTIONS.  SMALL  ELECTRIC  GENERATING SOURCES ELIGIBLE FOR COVERAGE
   11  UNDER  THIS  ALTERNATIVE  PERMITTING  MECHANISM  SHALL  OBTAIN  COVERAGE
   12  THROUGH A REGISTRATION PROCESS, RATHER THAN THROUGH AN INDIVIDUAL APPLI-
   13  CATION  PROCESS.  THE  MANUFACTURER CERTIFICATION SHALL ALSO ENSURE THAT
   14  THE SMALL ELECTRIC GENERATING SOURCE WILL CONTINUE TO MEET THE  PERFORM-
   15  ANCE STANDARDS FOR THE LIFE OF THE ALTERNATIVE PERMITTING MECHANISM, THE
   16  TERM OF WHICH SHALL NOT EXCEED FIVE YEARS.
   17    S 3. This act shall take effect immediately.