Directs the power authority to conduct an analysis of the economic viability of load producing electric generating facilities for the purpose of determining the feasibility of entering into power purchasing agreements with such facilities.
STATE OF NEW YORK
________________________________________________________________________
7767
IN SENATE
June 18, 2012
___________
Introduced by Sens. YOUNG, MAZIARZ, NOZZOLIO -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
AN ACT to require the power authority of the state of New York to
conduct an analysis of the economic viability of certain electric
generating facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. (a) Within 90 days of the effective date of this act, the
2 power authority of the state of New York shall conduct an analysis of
3 the current economic viability of load producing electric generating
4 facilities, and as deemed feasible and advisable by the board of trus-
5 tees of such authority, taking full consideration of the requirements
6 and viability of the entire power generating system needs of the state
7 of New York, with special consideration of the ratepayers and taxpayers
8 of the state, shall recommend entering into a purchase power agreement
9 with the owners and operators of such facilities, if such owners and
10 operators meet and agree upon the conditions in subdivision (b) of this
11 section. Such power purchase agreements shall be effective upon the
12 conclusion of such 90 day period and be designed to maintain said facil-
13 ities' power production capacities at a rate sufficient to ensure at
14 least three years worth of no less than a level of operating income
15 necessary to allow said facilities to remain open and functioning reli-
16 ably and safely and fully staffed at at least ninety percent of current
17 employment levels, payrolls and local community benefits. For the
18 purposes of this subdivision, operating income shall include all
19 expenses of eligible facilities excluding debt service costs, except for
20 verifiable debt service payments related to capital improvements
21 designed to substantially reduce the emission of toxic air pollutants
22 emanating from generators operating at said facility.
23 (b) The power purchase agreement permitted under subdivision (a) of
24 this section shall only apply to power generating units that currently
25 meet or exceed the minimum standards established in the final rule of
26 the proposed National Emission Standards for Hazardous Air Pollutants.
27 In addition, such owner and/or operator of a generating unit otherwise
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16060-01-2
S. 7767 2
1 eligible for benefits under this section must agree to repower such
2 facility and construct new or retrofit existing generators that:
3 1. are designed and intended to operate at an electricity production
4 efficiency level of at least forty-eight percent;
5 2. will be capable of producing at least 600 megawatts of electric
6 generating capacity running at least 7,000 hours per year;
7 3. will be able to achieve a 2 parts per million limit for nitrous
8 oxide emissions using Lowest Achievable Emission Rate technologies;
9 4. will utilize Lowest Achievable Emission Rate technologies if feasi-
10 ble, or, at a minimum, Best Available Control Technologies for carbon
11 monoxide and sulfur dioxide emission levels;
12 5. will safely demolish or decommission the existing generators at an
13 eligible facility; and,
14 6. will place in service the new electric generating facilities no
15 later than March 31, 2017.
16 § 2. Notwithstanding any limitations or conditions contained in para-
17 graph 8 of subdivision (a) and paragraph 7 of subdivision (c) of section
18 188-a of the economic development law, any power purchased by the power
19 authority of the state of New York pursuant to section one of this act
20 shall be considered Recharge New York power, and shall be utilized to
21 augment Recharge New York power allocations for eligible businesses as
22 defined in paragraph 5 or 7 of subdivision (a) of section 188-a of the
23 economic development law that are recommended for a Recharge New York
24 power allocation pursuant to part CC of chapter 60 of the laws of 2011.
25 § 3. This act shall take effect immediately.
