S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1246
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 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.).
   §  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 NINETEEN, PROMULGATE RULES AND REGU-
 LATIONS ESTABLISHING PERFORMANCE STANDARDS FOR THE EMISSION OF REGULATED
 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 TECHNOLOGY 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.
                                                            LBD04951-01-7
              

 A. 1246                             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.
   § 3. This act shall take effect immediately.