S T A T E   O F   N E W   Y O R K
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                                  1662

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to stan-
  dards for emissions from small electric generating sources

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

  Section  1.  Section  19-0107 of the environmental conservation law is
amended by adding a new subdivision 25 to read as follows:
  25. "SMALL ELECTRIC GENERATING SOURCE" MEANS ANY STATIONARY SOURCE  OR
COMBINATION  OF  STATIONARY  SOURCES  THAT HAS THE CAPACITY OR POTENTIAL
CAPACITY TO GENERATE TEN OR MORE KILOWATTS OF ELECTRICITY, EMITS A REGU-
LATED AIR CONTAMINANT, AND IS NOT DEFINED AS A MAJOR  AIR  CONTAMINATION
SOURCE  PURSUANT TO THIS ARTICLE OR THE FEDERAL CLEAN AIR ACT (42 U.S.C.
SECTION 7401 ET SEQ.).
  S 2. Subdivision 2 of section 19-0301 of the  environmental  conserva-
tion law is amended by adding a new paragraph f to read as follows:
  F. BY JANUARY FIRST, TWO THOUSAND THIRTEEN, PROMULGATE RULES AND REGU-
LATIONS ESTABLISHING PERFORMANCE STANDARDS FOR THE EMISSION OF REGULATED
AIR  CONTAMINANTS  FROM SMALL ELECTRIC GENERATING SOURCES. SUCH EMISSION
STANDARDS SHALL BE EQUIVALENT WITH THE PERFORMANCE (ON THE BASIS OF UNIT
OF POLLUTANT EMITTED PER UNIT OF ENERGY OUTPUT) OF NEW NATURAL GAS MAJOR
SOURCE GENERATORS MEETING BEST AVAILABLE CONTROL TECHNOLOGY PURSUANT  TO
THIS  ARTICLE  AND  THE FEDERAL CLEAN AIR ACT (42 U.S.C. SECTION 7401 ET
SEQ.).
  (1) PERFORMANCE OF SMALL ELECTRIC GENERATING SOURCES SHALL BE MEASURED
IN POUNDS OF POLLUTION PER MEGAWATT-HOUR  USEFUL  ENERGY  OUTPUT,  WHERE
USEFUL  ENERGY  OUTPUT  INCLUDES  HEAT  GENERATED BY SYSTEMS SOLD BY THE
ORIGINAL EQUIPMENT MANUFACTURER  AS  A  COMBINED  HEAT  AND  ELECTRICITY
GENERATOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04579-01-1

A. 1662                             2
              

  (2)  RULES  AND REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE SHALL
INCLUDE A PERMITTING  REQUIREMENT  FOR  ALL  SMALL  ELECTRIC  GENERATING
SOURCES IN ORDER TO ENFORCE THE PERFORMANCE STANDARDS.
  (3)  THE DEPARTMENT SHALL ALSO DEVELOP AN ALTERNATIVE PERMITTING MECH-
ANISM AND MAKE THIS MECHANISM AVAILABLE TO COVER ONLY THOSE SMALL  ELEC-
TRIC GENERATING SOURCES THAT HAVE BEEN CERTIFIED BY THE MANUFACTURER AND
VERIFIED BY A THIRD-PARTY, WHICH IS DULY AUTHORIZED BY THE DEPARTMENT TO
VERIFY  SUCH  COMPLIANCE,  TO MEET APPLICABLE PERFORMANCE STANDARDS WHEN
OPERATED UNDER LIKELY CONDITIONS AND  IN  ACCORDANCE  WITH  MANUFACTURER
INSTRUCTIONS.  SMALL  ELECTRIC  GENERATING SOURCES ELIGIBLE FOR COVERAGE
UNDER  THIS  ALTERNATIVE  PERMITTING  MECHANISM  SHALL  OBTAIN  COVERAGE
THROUGH A REGISTRATION PROCESS, RATHER THAN THROUGH AN INDIVIDUAL APPLI-
CATION  PROCESS.  THE  MANUFACTURER CERTIFICATION SHALL ALSO ENSURE THAT
THE SMALL ELECTRIC GENERATING SOURCE WILL CONTINUE TO MEET THE  PERFORM-
ANCE STANDARDS FOR THE LIFE OF THE ALTERNATIVE PERMITTING MECHANISM, THE
TERM OF WHICH SHALL NOT EXCEED FIVE YEARS.
  S 3. This act shall take effect immediately.