BILL NUMBER:  S506

 TITLE OF BILL :
An act to amend the public service law, in relation to electrical
generating facilities


 PURPOSE :
Requires a plan to cease operation of any electrical generating
facility located within the city of New York, that was constructed
between January 1, 2001 and December 31, 2001, and that is located
within 500 feet of a residence, by December 31, 2009.

 SUMMARY OF PROVISIONS :
This legislation amends §66 of the Public Service Law by adding a new
subdivision 29 (a) to require that any electrical generating facility
located within the city of New York, that was constructed in 2001 and
that lies within 500 feet of a residence shall not be permitted to
operate or generate electricity unless the demand for electrical
capacity exceeds the daily forecast for the city of New York as
determined by the independent commission the day before the day of
usage.

Paragraph (b) requires a plan to cease operation of any electrical
generating facility located within the city of New York, that was
constructed in 2001 and that is located within 500 feet of a
              

residence, by December 31, 2009.

 JUSTIFICATION :
In 2001, the NYS Power Authority proposed the immediate construction
of a number of small electric generators to prevent the same type of
blackouts that plagued California to occur in the City of New York The
Power Authority engaged in a an expedited siting process with only
minimal community input At least one of the facilities was constructed
across the street from a residential area of Rosebank in Staten
Island.

The residents of Staten Island were assured by the NYS Power Authority
that these facilities were only needed until larger Power plants could
be sited and built. That process was ongoing. The Rosebank generator
was to be used to facilitate the production of power in peak periods
of demand. Contrary to their original purpose, the generators are now
operating at all times of the year, regardless of demand.

This legislation would require those electrical generators that are
located within the City of New York and within 500 feet of a
residential area, to operate only during periods of peak demand, as
originally intended.

This legislation would also require these facilities to cease
operation at the end of the life of the current operating permit.

These facilities were intended as stopgap measures to meet the
immediate power need of the City of New York until larger facilities
could be built There is no reason to continue their operation once the
larger facilities can assume the demand.

Recent disclosures by the NYS Department of Environmental Conservation
have demonstrated an even greater toll being imposed by the facility
upon its residential neighbors. The DEC has revealed that when the
facility operates it continually discharges emissions in excess of its
operating permit affecting the air quality of the residents
surrounding it. The State cannot allow the electrical demands of New
York City to outweigh the health risks to the residents of Rosebank,
Staten Island. Since the facility is unable to operate within the
parameters of its license, it should be taken off line and shut down.
 LEGISLATIVE HISTORY :
2008:  S.5708 - Referred to Energy & Telecommunications/A.8841-
Referred to Energy
2007:  S.5708 - Reported to Rules/A.8841 - Referred to Energy
2006:  S.1688 - Referred to Energy & Telecommunications/A.3786 -
Referred to Energy
2005:  S.1688 - Referred to Energy & Telecommunications/A.3786 -
Referred to Energy
2004:  S.1624 - Referred to Energy & Telecommunications/A.5903
Referred to Energy 2003:  S.1624 - Referred to Energy &
Telecommunications/A.5903 - Referred to Energy
2002:  S.6786 - Referred to Energy and Telecommunications/A.10936
Referred to Energy

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law.