Crespo, Dinowitz, Englebright, Galef, Gottfried, Perry
 
Add §19-0311-a, En Con L
 
Restricts operation of diesel powered electrical generation systems in areas identified as not meeting certain federal air quality standards for ozone; provides limited exceptions for use.
STATE OF NEW YORK
________________________________________________________________________
1086
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL, GLICK, ORTIZ, JAFFEE, LUPARDO,
STECK, QUART -- Multi-Sponsored by -- M. of A. CRESPO, DINOWITZ,
ENGLEBRIGHT, GALEF, GOTTFRIED, PERRY -- read once and referred to the
Committee on Environmental Conservation
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.
LBD03338-01-9