NY State Senate Bill 2011-S5698

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2012	reported and committed to finance
Mar 02, 2012	print number 5698a
Mar 02, 2012	amend and recommit to local government
Jan 04, 2012	referred to local government returned to senate died in assembly
Jun 20, 2011	referred to energy delivered to assembly passed senate ordered to third reading cal.1403 committee discharged and committed to rules
Jun 10, 2011	referred to local government

Votes

- Jun 20, 2011 - Floor Vote
  S5698
  
  43
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2011
      
      aye (43)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Ball
      
      Bonacic
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Johnson
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Seward
      
      Skelos
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (19)
      
      Avella
      
      Breslin
      
      Duane
      
      Espaillat
      
      Gianaris
      
      Hassell-Thompson
      
      Huntley
      
      Krueger
      
      Kruger
      
      Montgomery
      
      Oppenheimer
      
      Peralta
      
      Perkins
      
      Rivera
      
      Serrano
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
  Jun 20, 2011 - Rules Committee Vote
  S5698
  
  19
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2011
      
      aye (19)
      
      Alesi
      
      Dilan
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      nay (2)
      
      Duane
      
      Krueger
      
      aye wr (3)
      
      Breslin
      
      Perkins
      
      Stewart-Cousins
  May 23, 2012 - Local Government Committee Vote
  S5698
  
  6
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Local Government Committee Vote: May 23, 2012
      
      aye (6)
      
      Ball
      
      Klein
      
      Little
      
      Martins
      
      McDonald
      
      Ritchie
      
      nay (1)
      
      Oppenheimer
      
      aye wr (1)
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2011-S5698 - Details

Current Committee:: Senate Finance
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4594
2015-2016: S5232

2011-S5698 - Summary

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

2011-S5698 - Sponsor Memo

                                BILL NUMBER:S5698

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, 2015 and would have to be placed in service no later
than March 31, 2018.

Section 2 would have the act take effect immediately and the act would
be repealed on April 1, 2018.

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. 2018.

2011-S5698 - Bill Text download pdf

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

                                  5698

                       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

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;
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13076-01-1

S. 5698                             2

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, 2015; and,
  7.  will  place  in  service the new electric generating facilities no
later than March 31, 2018.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed on April 1, 2018.

2011-S5698A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4594
2015-2016: S5232

2011-S5698A (ACTIVE) - Summary

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

2011-S5698A (ACTIVE) - 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.

2011-S5698A (ACTIVE) - Bill Text download pdf

                            
                    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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Senate Bill S5698

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Jun 20, 2011 - Floor Vote

Floor Vote: Jun 20, 2011

Jun 20, 2011 - Rules Committee Vote

Rules Committee Vote: Jun 20, 2011

May 23, 2012 - Local Government Committee Vote

Local Government Committee Vote: May 23, 2012

Bill Amendments

2011-S5698 - Details

2011-S5698 - Summary

2011-S5698 - Sponsor Memo

2011-S5698 - Bill Text download pdf

2011-S5698A (ACTIVE) - Details

2011-S5698A (ACTIVE) - Summary

2011-S5698A (ACTIVE) - Sponsor Memo

2011-S5698A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5698

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2011-S5698 - Details

2011-S5698 - Summary

2011-S5698 - Sponsor Memo

2011-S5698 - Bill Text download pdf

2011-S5698A (ACTIVE) - Details

2011-S5698A (ACTIVE) - Summary

2011-S5698A (ACTIVE) - Sponsor Memo

2011-S5698A (ACTIVE) - Bill Text download pdf

Comments