BILL NUMBER: S7006A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the public service law, in relation to certificate and
permit conditions for dormant power generating facilities that are in
layup or out of service

 
PURPOSE:

To prevent automatic transferal of a certificate issued to a major elec-
tric generating facility by the Public Service Commission prior to 2012
before the Article 10 siting law and review process for major electric
generating facilities was enacted.

 
SUMMARY OF PROVISIONS:

Section 1 amends public service law for any power generating facility
that was permitted prior to enactment of Article 10 siting law in 2012
and has provided notification of layup or is out of service. Any such
              

facility shall not transfer a certificate issued by the Public Service
Commission prior to 2012 and shall not utilize a fossil fuel resource to
produce electricity, or for any other industrial purpose, without issu-
ance of a new certificate by the commission.

** Amendments to the bill are the addition of any air and water permits
issued by DEC which may not be transferred under provisions set forth.

Section 2 provides the effective date.

 
EXISTING LAW:

Article 10 of the Public Service Law.

 
JUSTIFICATION:

Fossil fuel power plants across the state are allowed to extend previ-
ously-issued certificates, permits or authorizations if they restart
power generation after a period of dormancy. Often, those certificates,
permits or authorizations were granted decades ago for a power plant
that was running at a high capacity. Today, these plants are typically
re-activated to operate infrequently during periods of high electricity
demand, yet can automatically extend certificates that allow for vast
levels of air emissions, water usage and discharge, and other capacities
that far outstrip the intended intermittent power generation usage. By
extending existing authorizations, these facilities may be used for
other industrial purposes that were not considered when originally
certified. This bill will require a new certificate to be issued by the
Public Service Commission for a re-activated facility to operate.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
180 days after enactment