NY State Senate Bill 2013-S4594

Archive: Last Bill Status - In Senate Committee Local Government 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to local government
Apr 12, 2013	referred to local government

2013-S4594 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2011-2012: S5698
2015-2016: S5232

2013-S4594 (ACTIVE) - Summary

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

2013-S4594 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4594

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 modem, efficient power source.

SUMMARY OF PROVISIONS:

Section 1. 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, 2018 and
would have to be placed in service no later than March 31, 2021.

Section 2. Sets forth the effective date.

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
resident's and businesses and allow for future growth in the area.

LEGISLATIVE HISTORY: 2011-12 S.5698A

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,
2021.

2013-S4594 (ACTIVE) - Bill Text download pdf

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

                                  4594

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 12, 2013
                               ___________

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.
                                                           LBD03509-01-3

S. 4594                             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, 2018; and,
  7.  will  place  in  service the new electric generating facilities no
later than March 31, 2021.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed on April 1, 2021.

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Senate Bill S4594

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Archive: Last Bill Status - In Senate Committee Local Government Committee

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2013-S4594 (ACTIVE) - Details

2013-S4594 (ACTIVE) - Summary

2013-S4594 (ACTIVE) - Sponsor Memo

2013-S4594 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2013-S4594 (ACTIVE) - Details

2013-S4594 (ACTIVE) - Summary

2013-S4594 (ACTIVE) - Sponsor Memo

2013-S4594 (ACTIVE) - Bill Text download pdf

Comments