senate Bill S1378

2011-2012 Legislative Session

Restricts operation of diesel powered electrical generators in areas failing to meet federal clean air standards for ozone

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 07, 2011 referred to environmental conservation

Co-Sponsors

S1378 - Bill Details

See Assembly Version of this Bill:
A1982
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง19-0311-a, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S5061B, A7424A

S1378 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S1378

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To restrict the use of diesel powered electric turbines to meet summer
electricity demand in areas of the state that already have severely
compromised air quality, because diesel turbines are very dirty
sources of air pollution. Diesel generated electricity will be
allowed in prescribed circumstances, including customary uses such as
emergency back-up during a power outage.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the environmental conservation law by adding a new
section 19-0311-a which prohibits the generation of electricity by
diesel combustion in any part of the State that is designated
pursuant to the federal Clean Air Act and EPA as being in
non-attainment of the national ambient air quality standards for
ozone unless:

*the generating capacity is less than 100 kilowatts;

*the diesel combustion facility complies with or exceeds emission
standards adopted for such facilities by the department for
particulate matter nitrogen oxides;

*the diesel combustion facility is being used as an emergency back-up
during a power outage;

*the diesel combustion facility uses cogeneration technology to
utilize the waste heat.

Section two sets out the effective date.

JUSTIFICATION:
Diesel generators are typically used as back-up systems during a power
outage and occasionally to generate electricity for temporary uses
such as by outdoor vendors. However, in order to mitigate anticipated
electric price spikes that occur from time to time during summer
months, the NY Independent system operator (ISO), the Long Island
power Authority (LIPA), and the New York State Energy Research &
Development Authority (NYSERDA) have instituted financial incentives
for diesel generators to
operate when prices are high. Both the ISO and LIPA will pay diesel
generators to operate during the summer in order to alleviate price
or reliability pressures. The ISO will pay diesel fueled installed

generating capacity if the owner commits to making it available on at
least 2 hours advance notice for a minimum of four hours. The ISO
program is statewide but the most lucrative payments will be made to
generators in downstate areas.

In the past, electricity prices spiked in New York City and Long
Island because the electric industry has not become a robustly
competitive industry.
Past price spikes were caused by instances of market abuse and the
inability of the NY Independent System Operator (ISO) to contain
them. These price spikes were not caused by low supplies, but rather
by market participants.
Quick and dirty fixes should not be part of New York State's energy
policy.
Rather, controls that prevent the abuse of market power by suppliers,
and policies that enhance competition with clean sources of electric
generation and that aggressively implement energy efficiencies would
set a judicious course. Diesel generators are so dirty that the
promotion of their use to meet the electric peak demands during
summer, when air pollution is at its worse, is very unwise public
policy.

Diesel-fired combustion facilities emit several orders of magnitude
more oxides of nitrogen (NOx) , sulfur dioxide (C02), carbon dioxide
(C02), and particulate matter per unit output than natural gas
combined cycle units.
They emit 300 times the emissions of that emitted by a state of the
art combined cycle natural gas power plant. NOx emissions are a key
factor in the formation of ground level ozone, or smog, which is most
prevalent in the summer. When inhaled, it can cause acute respiratory
problems, aggravate asthma, and inflame lung tissue. Both S02 and NOx
contribute to the acidification of forests and lakes and corrode
buildings. C02 is a major greenhouse gas responsible for global
climate change. Particulate matter is known to lodge deep within the
lungs where its chemical components permanently damage lung tissues.
Numerous medical studies link particulate pollution with premature
death, respiratory related hospital admissions, asthma, and decreased
lung function. PM emissions from a typical diesel emergency generator
operated only during peak demand can cause a significant increase in
cancer risk for nearby residents (within one city block) by 250 in a
million. On average, this represents a 50% increase in the cancer
risk due to exposure to diesel exhaust.

Restricting the use of diesel generation is well founded on public
health and environmental grounds. If diesel generation is increased,
many areas of the state will continue to have air quality that fails
to meet federal standards.

PRIOR LEGISLATIVE HISTORY:
2009-10: S.5061B - Referred to Environmental Conservation
2007-08: S.3172 - Referred to Environmental Conservation
2005-06: S.958 - Referred to Environmental Conservation

2003-04: S.2188 - Referred to Environmental Conservation
2001-02: S.5247 - Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1, 2014.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1378

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011
                               ___________

Introduced  by  Sens.  PERKINS, DUANE -- 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:

  Section 1. The environmental conservation law is amended by  adding  a
new section 19-0311-a to read as follows:
S 19-0311-A. RESTRICTED  OPERATION  OF DIESEL POWERED ELECTRICAL GENERA-
               TORS.
  THE GENERATION OF ELECTRICITY FOR PUBLIC OR PRIVATE USE  BY  MEANS  OF
DIESEL COMBUSTION GENERATION FACILITIES SHALL BE PROHIBITED IN ANY COUN-
TY  OR  PART  THEREOF  THAT  IS DESIGNATED NONATTAINMENT FOR OZONE UNDER
SECTION 7407 OF THE CLEAN AIR  ACT  ("ACT")  AND  CLASSIFIED  AS  SEVERE
NONATTAINMENT UNDER SECTION 7511 OF THE ACT; OR DESIGNATED AS NONATTAIN-
MENT  FOR PM2.5 UNDER SECTION 7407 OF THE ACT, OR HAS BEEN SO DESIGNATED
WITHIN THE PRIOR CALENDAR YEAR, UNLESS:
  1. THE DIESEL COMBUSTION FACILITY HAS A GENERATING  CAPACITY  OF  LESS
THAN ONE HUNDRED KILOWATTS;
  2.  THE  DIESEL  COMBUSTION FACILITY COMPLIES WITH OR EXCEEDS EMISSION
STANDARDS ADOPTED FOR SUCH FACILITIES BY THE DEPARTMENT FOR  PARTICULATE
MATTER AND NITROGEN OXIDES;
  3.  THE  DIESEL  COMBUSTION  FACILITY  IS  USED SOLELY AS AN EMERGENCY
BACK-UP SYSTEM DURING A POWER OUTAGE; OR
  4.  THE DIESEL COMBUSTION FACILITY  USES  COGENERATION  TECHNOLOGY  TO
UTILIZE THE WASTE HEAT.
  S 2. This act shall take effect January 1, 2014.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02256-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.