senate Bill S5698A

Relates to a proposed electric generating facility in the county of Suffolk

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jun / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 20 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1403
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO ENERGY
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 02 / Mar / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 02 / Mar / 2012
    • PRINT NUMBER 5698A
  • 23 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to a proposed electric generating facility in the county of Suffolk.

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Bill Details

Versions:
S5698
S5698A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Suffolk County

Votes

6
1
6
Aye
1
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S5698A

TITLE OF BILL:
An act
in relation to a proposed electric generating facility in the county of
Suffolk; and providing for the repeal of such provisions upon expiration
thereof

PURPOSE:
This bill would encourage the development of a new or repowering
electric generation project in the Village of Port Jefferson to
replace existing, outdate and inefficient power facilities on a
potentially contaminated property that would be restored with a
modern, efficient power source.

SUMMARY OF PROVISIONS:
Section 1 of the bill describes the tax plots on which an electric
generation project could be sited.
In addition, if such a site and proposed project meeting stated
criteria qualifies as a qualified site pursuant to the State's
Brownfield cleanup Project, such project would be deemed to be a
manufacturing facility and would be placed in an environmental zone.
For such a project to qualify as a manufacturing facility and be
eligible for environmental zone designation, it would have to
demonstrate an efficiency rating of at least forty-eight percent, be
capable of producing at least 600 MW of power running at least 7,000
hours a year, achieve markedly improved emission controls compared to
the site's existing generation facilities and the developer would
have to safely remediate the site to State registry standards and
remove the existing structures.
In addition, the site would have to qualify for tax credits no later
than March 31, 2016 and would have to be placed in service no later
than March 31, 2019.

Section 2 would have the act take effect immediately and the act would
be repealed on April 1, 2019.

JUSTIFICATION:
This will would provide an incentive for the remediation of a Port
Jefferson Brownfield and would also incent the development of a new,
close to state of the art facility on the site to drastically improve
the availability, cost and reliability of electric power for the
businesses and residents in the surrounding areas of Suffolk County.
The bill would provide an investor in the new facility a minimum of
millions in refundable development credits, cover at least 25% of
cleanup and infrastructure expenses and provide up to a full property
tax or PILOT rebate from
the State for 10 years, depending on how many full time positions were
employed at the site.
These taxes, generated from multiple times more valuable plants, would
provide a significantly larger and more stable revenue base for the
affected school district, village, town and county. A new facility
would be significantly cleaner and more reliable and would provide
much more power at cheaper production costs to the region for
residents and businesses and allow for future growth in the area.


LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
Millions in State remediation and redevelopment tax credits over a
five year period under current law, more than offset by a significant
regional boost in State Personal Income, corporation, franchise,
sales and energy specific taxes and other revenues.

LOCAL FISCAL IMPLICATIONS:
Provide a stable base for local, village, county and school
district revenues.

EFFECTIVE DATE:
Immediately with a repeal of the act on April 1, 2019.

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

                                 5698--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT in relation to a proposed electric  generating  facility  in  the
  county  of  Suffolk;  and  providing for the repeal of such provisions
  upon expiration thereof

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

  Section  1. Notwithstanding any other section of law or regulation, an
electric generating facility proposed to be constructed on a site at all
or a portion of tax map plots  206/007-01-001.1,  206/007-01-001.3,  and
206/007-01-001.2  in  the  village  of  Port  Jefferson in the county of
Suffolk to which a certificate of completion has been issued pursuant to
section 27-1419 of the environmental conservation law shall be deemed to
be a site used primarily for manufacturing as that term is delimited  in
subparagraph  (A) of paragraph (3-a) of subdivision (a) of section 21 of
the tax law, and such site shall be considered in an environmental  zone
as  described in subparagraph (A) of paragraph (6) of subdivision (b) of
section 21 of the tax law and  subparagraph  (A)  of  paragraph  (5)  of
subdivision (a) of section 22 of the tax law if such electric generating
facility:
  1.  is  designed  and intended to operate at an electricity production
efficiency level of at least forty-eight percent;
  2. will be capable of producing at least 600 MW of electric generating
capacity running at least 7000 hours per year;
  3. will be able to achieve a 2 parts per  million  limit  for  nitrous
oxide emissions using Lowest Achievable Emission Rate technologies;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13076-02-2

S. 5698--A                          2

  4. will utilize Lowest Achievable Emission Rate technologies if feasi-
ble,  or,  at  a minimum, Best Available Control Technologies for carbon
monoxide and sulfur dioxide emission levels;
  5.  will  safely  demolish  and  remove from the site the existing two
operating 175 MW generators currently operating on the site and the  two
40  megawatt generators that are decommissioned at the site, and the two
79 megawatt peaking units on the site must either be  safely  demolished
and  removed  from  the  site  or will only be operated under conditions
determined to meet the criteria of an energy emergency  as  declared  by
the New York independent system operator;
  6.  will have been issued such certificate of completion no later than
March 31, 2016; and,
  7. will place in service the new  electric  generating  facilities  no
later than March 31, 2019.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on April 1, 2019.

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