Senate Bill S6833A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6833--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   permit modifications, suspensions, revocations, renewals,  reissuances
   and recertifications under the air quality control program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 70-0115 of the environmental  conservation  law  is
 amended by adding two new subdivisions 3 and 4 to read as follows:
   3.  THE FOLLOWING PROVISIONS SHALL APPLY TO ANY PERMIT REQUIRED BY THE
 STATE AIR QUALITY CONTROL PROGRAM PURSUANT TO TITLE  THREE  OR  FIVE  OF
 ARTICLE  NINETEEN  OF  THIS  CHAPTER  RELATING  TO AIR POLLUTION AND AIR
 CONTAMINATION AND ANY RELATED ENFORCEMENT ACTIVITIES. THE PROVISIONS  OF
 THIS SUBDIVISION SHALL NOT APPLY TO ANY REGISTRATION ISSUED TO A FACILI-
 TY  UNDER  ARTICLE  NINETEEN  OF THIS CHAPTER PURSUANT TO REGULATIONS BY
 REASON OF (I) HAVING ANNUAL EMISSIONS THAT ARE LESS  THAN  HALF  OF  THE
 LEVEL  THAT WOULD SUBJECT IT TO PERMITTING UNDER SECTION 19-0311 OF THIS
 CHAPTER, (II) NOT REQUIRING THE USE OF PERMIT CONDITIONS TO LIMIT  EMIS-
 SIONS BELOW THE THRESHOLDS THAT WOULD OTHERWISE MAKE IT SUBJECT TO STATE
 OR  FEDERAL  STANDARDS AS DETERMINED BY THE DEPARTMENT PURSUANT TO REGU-
 LATION, AND (III) HAVING EMISSIONS OF  HIGH  TOXICITY  AIR  CONTAMINANTS
 THAT  DO NOT EQUAL OR EXCEED THE APPLICABLE THRESHOLDS FOR PERMITTING AS
 SET FORTH IN REGULATIONS BY THE DEPARTMENT:
   (A) ANY PERMIT WHICH DOES NOT EXPIRE PURSUANT TO ITS TERMS  AND  WHICH
 HAS  BEEN  IN  EFFECT  FOR MORE THAN FIVE YEARS SHALL EXPIRE ON THE DATE
 WHICH IS TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, AND ANY
 RENEWAL THEREOF SHALL INCLUDE AN EXPIRATION DATE WHICH IS NO LATER  THAN
 FIVE YEARS AFTER THE EXPIRATION CONTEMPLATED BY THIS SUBDIVISION, UNLESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11307-02-5
 S. 6833--A                          2
              

 
 ANOTHER  PERIOD  FOR EXPIRATION OF TEN YEARS OR LESS IS APPLICABLE UNDER
 THIS CHAPTER.
   (B)  THE  PROVISIONS OF THIS PARAGRAPH SHALL APPLY ONLY TO PERMITS FOR
 AIR POLLUTION SOURCES SUBJECT TO TITLE V OF THE FEDERAL  CLEAN  AIR  ACT
 REGULATED  UNDER  SECTION  19-0311  OF  THIS  CHAPTER. WITH RESPECT TO A
 PERMIT THAT HAS BEEN EXTENDED PURSUANT TO  SUBDIVISION  TWO  OF  SECTION
 FOUR  HUNDRED ONE OF THE STATE ADMINISTRATIVE PROCEDURE ACT BY REASON OF
 THE APPLICANT MAKING A TIMELY AND SUFFICIENT APPLICATION:
   (I) IF THE DEPARTMENT DOES NOT MAKE  A  FINAL  DETERMINATION  ON  SUCH
 APPLICATION WITHIN TWENTY-FOUR MONTHS OF THE LATER OF THE EFFECTIVE DATE
 OF  THIS SUBDIVISION OR THE DATE THE APPLICATION IS RECEIVED, THE PERMIT
 HOLDER SHALL, WITHIN NINETY DAYS OF SUCH DATE, PAY AN  AMOUNT  EQUAL  TO
 THE  ANNUAL  FEES OWED BY SUCH PERMIT HOLDER PURSUANT TO SECTION 72-0303
 OF THIS CHAPTER TO THE AIR QUALITY IMPROVEMENT FUND  AS  ESTABLISHED  IN
 SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW; PROVIDED, HOWEVER, THAT
 NOTWITHSTANDING  ANY PROVISION OF SUCH SECTION TO THE CONTRARY, EXPENDI-
 TURES FROM SUCH FUND FOR SUCH AMOUNT SHALL BE LIMITED TO  SPENDING  THAT
 DIRECTLY  BENEFITS  COMMUNITIES  WHICH  ARE  DIRECTLY  AFFECTED  BY  AIR
 POLLUTION FROM THE FACILITY.
   (II) IF THE DEPARTMENT HAS NOT MADE  A  FINAL  DETERMINATION  ON  SUCH
 APPLICATION  WITHIN THIRTY-SIX MONTHS OF THE LATER OF THE EFFECTIVE DATE
 OF THIS SUBDIVISION OR THE DATE THE APPLICATION IS RECEIVED, SUCH PERMIT
 SHALL AUTOMATICALLY BE SUSPENDED AND THE APPLICATION SHALL AUTOMATICALLY
 BE DENIED.
   (III) A SUSPENSION PURSUANT TO SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH
 SHALL NOT TAKE EFFECT FOR A PERIOD OF TWO YEARS IF (A) THERE IS A DETER-
 MINATION  BY  THE  FEDERALLY  DESIGNATED BULK SYSTEM OPERATOR, THE LOCAL
 TRANSMISSION/DISTRIBUTION OWNER, OR THE NEW YORK  STATE  PUBLIC  SERVICE
 COMMISSION  THAT SUCH SUSPENSION WOULD COMPROMISE ENERGY RELIABILITY AND
 (B) A  PERMANENT SOLUTION TO RESOLVE THE ENERGY  RELIABILITY  CONSTRAINT
 HAS   BEEN   SELECTED BY  THE FEDERALLY DESIGNATED BULK SYSTEM OPERATOR,
 THE TRANSMISSION/DISTRIBUTION OWNER, OR THE NEW  YORK    STATE    PUBLIC
 SERVICE COMMISSION, AND  THAT  SOLUTION  IS IN THE PROCESS OF PERMITTING
 OR CONSTRUCTION BUT NOT YET ONLINE.
   (IV)  THE  TWO-YEAR PERIOD OF DELAY SPECIFIED BY SUBPARAGRAPH (III) OF
 THIS PARAGRAPH SHALL TERMINATE AND THE  PERMIT  SHALL  BE  AUTOMATICALLY
 SUSPENDED  PURSUANT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH IF EITHER (A)
 THE DETERMINATION MADE PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH  (III)  OF
 THIS  PARAGRAPH  IS RESCINDED OR (B) A PERMANENT SOLUTION TO SUCH ENERGY
 RELIABILITY CONSTRAINT HAS BEEN IDENTIFIED BY THE  FEDERALLY  DESIGNATED
 BULK  SYSTEM OPERATOR, THE LOCAL TRANSMISSION/DISTRIBUTION OWNER, OR THE
 NEW YORK STATE PUBLIC SERVICE COMMISSION, AND  SUCH  SOLUTION  HAS  BEEN
 PLACED ONLINE.
   (C)  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF SECTION FOUR
 HUNDRED ONE OF THE STATE ADMINISTRATIVE PROCEDURE ACT, A PERMIT THAT  IS
 DENIED  OR  THE  TERMS OF WHICH ARE LIMITED BY THE DEPARTMENT AS CONTEM-
 PLATED BY SUCH SUBDIVISION SHALL AUTOMATICALLY BE SUSPENDED ON THE  DATE
 WHICH IS TWO YEARS FROM THE DATE ON WHICH THE DEPARTMENT MADE THE DETER-
 MINATION  REGARDING  DENIAL  OR  LIMITATION;  PROVIDED,  HOWEVER, THAT A
 PERMIT THAT WAS DENIED OR LIMITED AS CONTEMPLATED  BY  SUCH  SUBDIVISION
 PRIOR  TO  THE  EFFECTIVENESS OF THIS SUBDIVISION SHALL NOT BE SUSPENDED
 PURSUANT TO THIS SUBDIVISION UNTIL THE DATE WHICH IS TWO YEARS AFTER THE
 EFFECTIVE DATE OF THIS SUBDIVISION.
   4. NO LATER THAN JANUARY  THIRTY-FIRST  OF  EACH  YEAR  FOLLOWING  THE
 EFFECTIVE  DATE  OF  THIS  SUBDIVISION THE DEPARTMENT SHALL PUBLISH ON A
 DEDICATED WEBPAGE ON ITS WEBSITE A LIST OF THE PERMITS  SUBJECT  TO  THE
 S. 6833--A                          3
 
 PROVISIONS  OF  PARAGRAPHS  (B)  AND  (C)  OF  SUBDIVISION THREE OF THIS
 SECTION.  INFORMATION PUBLISHED SHALL INCLUDE THE  NAME  OF  THE  PERMIT
 HOLDER,  THE NAME OF THE FACILITY, THE FACILITY'S ADDRESS, THE TYPES AND
 AMOUNTS  OF  AIR POLLUTION EMITTED BY THE FACILITY, THE INITIAL ISSUANCE
 DATE OF THE PERMIT, THE EXPIRATION DATE OF THE PERMIT, THE  REASONS  WHY
 THE FACILITY IS NOT OPERATING ON A CURRENT PERMIT, AND THE STATUS OF THE
 PERMIT APPLICATION.
   §  2. This act shall take effect sixty days after it shall have become
 a law.