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

                                   349

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. CRES-
  PO -- read once and referred to the Committee on Environmental Conser-
  vation

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  SEVENTEEN,  PROMULGATE  RULES  AND
REGULATIONS ESTABLISHING PERFORMANCE STANDARDS FOR THE EMISSION OF REGU-
LATED  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 TECH-
NOLOGY 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.
              

A                                                          LBD03923-01-5

A. 349                              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.