S T A T E O F N E W Y O R K
________________________________________________________________________
4098
2021-2022 Regular Sessions
I N S E N A T E
February 2, 2021
___________
Introduced by Sens. PARKER, BAILEY, SKOUFIS -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications
AN ACT to establish a heightened review of new permits for the operation
of certain electric generation facilities to ensure consistency with
state public interest standards; and providing for the repeal of such
provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. It is the intent of this legislature to
further the protection of the Hudson Valley region from the adverse
effects of electric generation from fossil fuels in the Town of Wawayan-
da. Such adverse effects include emissions of carbon dioxide, methane,
and other pollutants that contribute to climate change, noise pollution,
and damaging impacts on health, agriculture, tourism, viewshed, and the
character of the surrounding community. Orange county is home to the
"Black Dirt Region," an agriculturally significant region famous for its
production of onions, among other products, and is also home to impor-
tant recreational and tourist attractions, and ongoing review of facili-
ty operations should take into account whether the electric generating
facility's operation is in the public interest.
§ 2. Notwithstanding any law to the contrary, for any permit decisions
issued after the effective date of this act, the department of environ-
mental conservation shall not issue any new permits, or any permit
renewal for a facility subject to this act that is located in a county
with a population of not less than three hundred fifty thousand and not
more than four hundred thousand as determined by the most recent United
States census, for the operation of an electric generating facility
powered by natural gas or any other carbon fuel unless such facility
demonstrates that it can operate in the public interest by demonstrating
that its operation (i) is consistent with and will not substantially
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08333-01-1
S. 4098 2
impede or interfere with the state's ability to meet the targets and
goals in the climate leadership and protection act and (ii) does not
negatively affect public health or safety, agriculture, viewshed, noise
pollution, tourism and recreational opportunities, community character
or environmental justice communities. The department of environmental
conservation shall issue a written determination on whether the facility
is in the public interest only after a public hearing and comment peri-
od.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed on and after April 1, 2022.