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A00410 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     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,
          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  § 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 back-
    18  up system during a power outage; or
    19    4.  the diesel combustion facility  uses  cogeneration  technology  to
    20  utilize the waste heat.
    21    § 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.
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