senate Bill S7743A

2011-2012 Legislative Session

Authorizes eligibility for admission for certain applicants for the excelsior jobs program

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 referred to economic development
delivered to assembly
passed senate
ordered to third reading cal.1520
Jun 18, 2012 print number 7743a
amend and recommit to rules
Jun 16, 2012 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7743 - Bill Details

See Assembly Version of this Bill:
A10682A
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §165, Pub Serv L; amd §§352 & 353, Ec Dev L

S7743 - Bill Texts

view summary

Authorizes eligibility for admission for certain applicants for the excelsior jobs program.

view sponsor memo
BILL NUMBER:S7743

TITLE OF BILL:
An act
to amend the public service law and the economic development law, in
relation to eligibility for admission to the excelsior jobs program

PURPOSE OR GENERAL IDEA OF BILL:
Allows proposed electric generating
facilities which are certified under the repowering siting law, and
those that have received regulatory approval prior to its enactment,
to apply for the excelsior jobs program.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 165 of the Public Service law to allow
applicants that have been granted a certificate for the construction
or operation of a facility the option to apply for admission to the
excelsior jobs program established by article seventeen of the
Economic Development Law. Project that had received regulatory
approval prior to the law's enactment would also be eligible.

Section 2 amends section 352 the economic development law to allow a
major electric generating facility that has been granted a
certificate or amendment thereof for the construction or operation of
a facility to be eligible to apply for admission to the excelsior
jobs program.

Section 3 amends section 353 of the economic development law to exempt
a major electric generating facility that has been granted a
certificate or amendment thereof for the construction or operation of
a facility.

Section 4 sets the effective date.

JUSTIFICATION:
The Power New York Act of 2011 reformed and
reestablished the State Electric Generating Facility Siting Board,
Under the new law, generators seeking to upgrade or replace their
plants on existing sites can take advantage of a streamlined
repowering review process. While a step in the right direction, the
provision is not enough of an incentive to encourage the replacement
of old, polluting facilities with newer, cleaner and more efficient
power plants.

Aging power plants are significant contributors to air quality
problems caused by carbon, mercury, nitrogen and sulfur oxide
pollution. These emissions have resulted in the greater metropolitan
region's designation as a non-attainment zone under the Federal Clean
Air Act for particulate matter and ozone. Aside from the significant
economic impact of complying air quality regulations, areas that have
been disproportionately
burdened with clusters of generating facilities have demonstrated
higher instances of lung disease and asthma leading to a strain on
our public health system and higher health care costs.


This legislation will offer power producers that have received
regulatory approval to repower the option to apply for incentives
under the Excelsior Jobs Benefit Program in return for meeting ·
environmental, public health and economic benefit benchmarks.
Investment in cleaner, more efficient generation is in the best
interests of the environment, public health and the economy.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  7743

                            I N  S E N A T E

                              June 16, 2012
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the public service law and the economic development law,
  in relation to eligibility for admission to the excelsior jobs program

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

  Section  1. The closing paragraph of paragraph (b) of subdivision 4 of
section 165 of the public service law, as added by chapter  388  of  the
laws of 2011, is amended to read as follows:
  The applicant shall supply the details of the analysis in the applica-
tion  and  such supporting information, as may be requested by the board
or, in the exercise of federally  delegated  or  approved  environmental
permitting  authority,  the  department  of  environmental conservation,
necessary to show compliance with the requirements of subparagraphs  (i)
through  (iv)  of  this  paragraph. The board may extend the deadline in
extraordinary circumstances by no more than three  months  in  order  to
give  consideration  to specific issues necessary to develop an adequate
record. The board shall render a final decision on  the  application  by
the  aforementioned  deadlines  unless  such deadlines are waived by the
applicant. If, at any time subsequent to the commencement of  the  hear-
ing,  there  is a material and substantial amendment to the application,
the deadlines may be extended by no more than three months, unless  such
deadline is waived by the applicant, to consider such amendment.  SHOULD
THE  BOARD GRANT A CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION
OR OPERATION OF A FACILITY OR IF THERE IS A PROPOSED FACILITY  THAT  HAD
BEEN GRANTED CERTIFICATION OR OTHER APPROVAL PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION, THE APPLICANT OR PROPOSED FACILITY SHALL BE ELIGIBLE TO
APPLY  FOR  ADMISSION TO THE EXCELSIOR JOBS PROGRAM ESTABLISHED PURSUANT
TO ARTICLE SEVENTEEN OF THE ECONOMIC DEVELOPMENT LAW.
  S 2. Subdivision 14 of section 352 of the economic development law, as
added by section 1 of part MM of chapter 59 of  the  laws  of  2010,  is
amended to read as follows:
  14. "Regionally significant project" means (a) a manufacturer creating
at  least fifty net new jobs in the state and making significant capital

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15138-02-2

S. 7743                             2

investment in the state; (b) a business creating at least twenty net new
jobs in agriculture in the state and making significant capital  invest-
ment  in  the state, (c) a financial services firm, distribution center,
or back office operation creating at least three hundred net new jobs in
the  state  and making significant capital investment in the state, [or]
(d) a scientific research and development firm creating at least  twenty
net  new jobs in the state, and making significant capital investment in
the state, OR (E) A MAJOR ELECTRIC GENERATING  FACILITY  AS  DEFINED  IN
SECTION ONE HUNDRED SIXTY OF THE PUBLIC SERVICE LAW THAT HAS BEEN GRANT-
ED  A CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR OPERATION
OF A FACILITY PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  ONE  HUNDRED
SIXTY-FIVE  OF THE PUBLIC SERVICE LAW OR IF THERE IS A PROPOSED FACILITY
THAT HAD BEEN GRANTED CERTIFICATION  OR  OTHER  APPROVAL  PRIOR  TO  THE
EFFECTIVE DATE OF THIS SECTION.  Other businesses creating three hundred
or more net new jobs in the state and making significant capital invest-
ment in the state may be considered eligible as a regionally significant
project  by  the commissioner as well. The commissioner shall promulgate
regulations pursuant to section three hundred fifty-six of this  article
to determine what constitutes significant capital investment for each of
the project categories indicated in this subdivision and what additional
criteria a business must meet to be eligible as a regionally significant
project,  including,  but  not  limited to, whether a business exports a
substantial portion of its products or services outside of the state  or
outside of a metropolitan statistical area or county within the state.
  S  3. Subdivision 5 of section 353 of the economic development law, as
amended by section 2 of part G of chapter 61 of the  laws  of  2011,  is
amended to read as follows:
  5.  A  not-for-profit business entity, a business entity whose primary
function is the provision of services including personal services, busi-
ness services, or the provision of  utilities,  and  a  business  entity
engaged  predominantly  in  the  retail or entertainment industry, and a
company engaged in the generation or distribution  of  electricity,  the
distribution  of natural gas, or the production of steam associated with
the generation of electricity, EXCEPT A MAJOR ELECTRIC GENERATING FACIL-
ITY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THE  PUBLIC  SERVICE  LAW
THAT  HAS  BEEN  GRANTED  A  CERTIFICATE  OR  AMENDMENT  THEREOF FOR THE
CONSTRUCTION OR OPERATION OF A FACILITY PURSUANT TO SUBDIVISION FOUR  OF
SECTION  ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW OR IF THERE IS
A PROPOSED  FACILITY  THAT  HAD  BEEN  GRANTED  CERTIFICATION  OR  OTHER
APPROVAL  PRIOR  TO THE EFFECTIVE DATE OF THIS SECTION, are not eligible
to receive the tax credit described in this article.
  S 4. This act shall take effect immediately.

Co-Sponsors

S7743A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10682A
Current Committee:
Law Section:
Public Service Law
Laws Affected:
Amd §165, Pub Serv L; amd §§352 & 353, Ec Dev L

S7743A (ACTIVE) - Bill Texts

view summary

Authorizes eligibility for admission for certain applicants for the excelsior jobs program.

view sponsor memo
BILL NUMBER:S7743A

TITLE OF BILL:
An act to amend the public service law and the economic development
law, in relation to eligibility for admission to the excelsior jobs
program

PURPOSE OR GENERAL IDEA OF BILL:
Allows proposed electric generating facilities which are certified
under the repowering siting law, and those that have received
regulatory approval prior to its enactment, to apply for the excelsior
jobs program.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 165 of the Public Service law to allow
applicants that have been granted a certificate for the construction
or operation of a facility the option to apply for admission to the
excelsior jobs program established by article seventeen of the
Economic Development Law. Project that had received regulatory
approval prior to the law's enactment would also be eligible.

Section 2 amends section 352 the economic development law to allow a
major electric generating facility that has been granted a certificate
or amendment thereof for the construction or operation of a facility
to be eligible to apply for admission to the excelsior jobs program.

Section 3 amends section 353 of the economic development law to exempt
a major electric generating facility that has been granted a
certificate or amendment thereof for the construction or operation of
a facility.

Section 4 sets the effective date.

JUSTIFICATION:
The Power New York Act of 2011 reformed and reestablished the State
Electric Generating Facility Siting Board, Under the new law,
generators seeking to upgrade or replace their plants on existing
sites can take advantage of a streamlined repowering review process.
While a step in the right direction, the provision is not enough of an
incentive to encourage the replacement of old, polluting facilities
with newer, cleaner and more efficient power plants.

Aging power plants are significant contributors to air quality
problems caused by carbon, mercury, nitrogen and sulfur oxide
pollution. These emissions have resulted in the greater metropolitan
region's designation as a non-attainment zone under the Federal Clean
Air Act for particulate matter and ozone. Aside from the significant
economic impact of complying air quality regulations, areas that have
been disproportionately burdened with clusters of generating
facilities have demonstrated higher instances of lung disease and
asthma leading to a strain on our public health system and higher
health care costs.

This legislation will offer power producers that have received
regulatory approval to repower the option to apply for incentives
under the Excelsior Jobs Benefit Program in return for meeting
environmental, public health and economic benefit benchmarks.


Investment in cleaner, more efficient generation is in the best
interests of the environment, public health and the economy.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 7743--A

                            I N  S E N A T E

                              June 16, 2012
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public service law and the economic development law,
  in relation to eligibility for admission to the excelsior jobs program

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

  Section 1. The closing paragraph of paragraph (b) of subdivision 4  of
section  165  of  the public service law, as added by chapter 388 of the
laws of 2011, is amended to read as follows:
  The applicant shall supply the details of the analysis in the applica-
tion and such supporting information, as may be requested by  the  board
or,  in  the  exercise  of federally delegated or approved environmental
permitting authority,  the  department  of  environmental  conservation,
necessary  to show compliance with the requirements of subparagraphs (i)
through (iv) of this paragraph. The board may  extend  the  deadline  in
extraordinary  circumstances  by  no  more than three months in order to
give consideration to specific issues necessary to develop  an  adequate
record.  The  board  shall render a final decision on the application by
the aforementioned deadlines unless such deadlines  are  waived  by  the
applicant.  If,  at any time subsequent to the commencement of the hear-
ing, there is a material and substantial amendment to  the  application,
the  deadlines may be extended by no more than three months, unless such
deadline is waived by the applicant, to consider such amendment.  SHOULD
THE BOARD GRANT A CERTIFICATE OR AMENDMENT THEREOF FOR THE  CONSTRUCTION
OR  OPERATION  OF A FACILITY OR IF THERE IS A PROPOSED FACILITY THAT HAD
BEEN GRANTED CERTIFICATION OR OTHER APPROVAL UNDER ANOTHER PROVISION  OF
LAW  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS SECTION, THE APPLICANT OR
PROPOSED FACILITY SHALL BE  ELIGIBLE  TO  APPLY  FOR  ADMISSION  TO  THE
EXCELSIOR  JOBS PROGRAM ESTABLISHED PURSUANT TO ARTICLE SEVENTEEN OF THE
ECONOMIC DEVELOPMENT LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15138-04-2

S. 7743--A                          2

  S 2. Subdivision 14 of section 352 of the economic development law, as
added by section 1 of part MM of chapter 59 of  the  laws  of  2010,  is
amended to read as follows:
  14. "Regionally significant project" means (a) a manufacturer creating
at  least fifty net new jobs in the state and making significant capital
investment in the state; (b) a business creating at least twenty net new
jobs in agriculture in the state and making significant capital  invest-
ment  in  the state, (c) a financial services firm, distribution center,
or back office operation creating at least three hundred net new jobs in
the state and making significant capital investment in the  state,  [or]
(d)  a scientific research and development firm creating at least twenty
net new jobs in the state, and making significant capital investment  in
the  state,  OR  (E)  A MAJOR ELECTRIC GENERATING FACILITY AS DEFINED IN
SECTION ONE HUNDRED SIXTY OF THE PUBLIC SERVICE LAW THAT HAS BEEN GRANT-
ED A CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR  OPERATION
OF  A  FACILITY  PURSUANT  TO  SUBDIVISION  FOUR  OF SECTION ONE HUNDRED
SIXTY-FIVE OF THE PUBLIC SERVICE LAW OR IF THERE IS A PROPOSED  FACILITY
THAT  HAD  BEEN  GRANTED  CERTIFICATION  OR OTHER APPROVAL UNDER ANOTHER
PROVISION OF LAW PRIOR TO THE EFFECTIVE DATE OF  THIS  SECTION.    Other
businesses  creating three hundred or more net new jobs in the state and
making significant capital investment in the  state  may  be  considered
eligible  as  a  regionally  significant  project by the commissioner as
well. The commissioner shall promulgate regulations pursuant to  section
three  hundred  fifty-six  of this article to determine what constitutes
significant capital investment for each of the project categories  indi-
cated  in  this subdivision and what additional criteria a business must
meet to be eligible as a regionally significant project, including,  but
not  limited to, whether a business exports a substantial portion of its
products or services outside of the state or outside of  a  metropolitan
statistical area or county within the state.
  S  3. Subdivision 5 of section 353 of the economic development law, as
amended by section 2 of part G of chapter 61 of the  laws  of  2011,  is
amended to read as follows:
  5.  A  not-for-profit business entity, a business entity whose primary
function is the provision of services including personal services, busi-
ness services, or the provision of  utilities,  and  a  business  entity
engaged  predominantly  in  the  retail or entertainment industry, and a
company engaged in the generation or distribution  of  electricity,  the
distribution  of natural gas, or the production of steam associated with
the generation of electricity, EXCEPT A MAJOR ELECTRIC GENERATING FACIL-
ITY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THE  PUBLIC  SERVICE  LAW
THAT  HAS  BEEN  GRANTED  A  CERTIFICATE  OR  AMENDMENT  THEREOF FOR THE
CONSTRUCTION OR OPERATION OF A FACILITY PURSUANT TO SUBDIVISION FOUR  OF
SECTION  ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW OR IF THERE IS
A PROPOSED  FACILITY  THAT  HAD  BEEN  GRANTED  CERTIFICATION  OR  OTHER
APPROVAL  UNDER  ANOTHER PROVISION OF LAW PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, are not eligible to receive the tax  credit  described  in
this article.
  S 4. This act shall take effect immediately.

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