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
________________________________________________________________________
721
2009-2010 Regular Sessions
IN SENATE
January 14, 2009
___________
Introduced by Sens. C. JOHNSON, DIAZ, DUANE, ONORATO -- read twice and
ordered printed, and when printed to be committed 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, pursuant to section 7511 of the
8 Act, as being in nonattainment of the national ambient air quality stan-
9 dard for ozone, or has been so designated within the prior calendar
10 year, unless:
11 1. the diesel combustion facility has a generating capacity of less
12 than one hundred kilowatts;
13 2. the diesel combustion facility emits no more than 0.03 pounds of
14 particulate matter per megawatt hour and no more than 0.03 pounds of
15 nitrogen oxides per megawatt hour; or
16 3. the diesel combustion facility is used as an emergency back-up
17 system during a power outage.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05829-01-9