Provides for siting major electric generating facilities

Section two adds this Article 10 to a section of Environmental Conservation Law that requires actions subject to the provisions requiring a Certificate of Environmental Compatibility and Public Need.

Section three provides that, nothing within this new Article 10, PSL, limits the authority of the Department of Health and the Department of Environmental Conservation to monitor the environmental and health impacts resulting from the operation of a major electric generating facility certified under this Article, and to enforce applicable provisions of the Public Health Law.

Sections four, five, six, seven and eight make technical changes to various laws in order to comply with the provisions of this Article 10, Public Service Law.

Section 9 establishes an intervenor account in the joint custody of the State Comptroller and the Commissioner of Taxation and Finance, consisting of all revenues received from siting application fees, and allows for appropriation of such funds by the Legislature.

Section 10 is the separability clause.

Section 11 is the effective date.

Existing law

Article 10 of the Public Service Law - Siting of Major Electric Generating Facilities, expired on January 1, 2003.

Justification

The energy industry, electricity in particular, is at a turning point. Many forces, including the expiration of the original Article X siting law and the clear need for a new electric capacity in the near future - have come together and provided the State with the opportunity to enhance its siting processes to more adequately reflect the concerns and questions raised during the initial 10 year life-span of the original Article X law.

This enhanced Article X reestablishes a one-stop forum for the siting of major electric generating facilities. The provisions included herein would apply to both steam and non-steam facilities with a generating capacity of 50 megawatts or more.

The legislation provides that applications for siting electric generating facilities that operate at a total net generating output to the electric system of 49,99 megawatts or less, including interconnection electric transmission lines and fuel gas transmission lines that are not subject to review under Article 7, PSL, receive a positive declaration from the Commissioner of the Department of Environmental Conservation and be subject to full review under Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act). Applications for facilities proposed under this legislation would have to present information on the need for the facility, site-specific environmental impacts of the proposed facility (and mitigation efforts to the extent practicable) and information on reasonable and available alternate locations for such facilities, In addition to provisions included herein from the expired Article X law, the applicant would have to provide health impact analyses, cumulative impact analyses, and analyze potential impacts of particulate matter of 2.5 microns and greater on the geographic area in which the facility is proposed. The application would be required to determine whether the proposed facility is to be located in a potential environmental justice area, as defined by the Department of Environmental Conservation's Environmental Justice Policy Directive CP-29 Environmental Justice and Permitting.

When the proposed facility is to be located in a potential environmental justice area, an environmental justice specialist will be designated by the Department of Environmental Conservation prior to the date set for commencement of the required public hearings, The environmental justice specialist will attend all hearings as scheduled by the presiding and associate examiner and will assist the presiding and associate examiners in inquiring into and calling for testimony concerning relevant and material matters.

The intervenor account established under this legislation will allow for its use, by affected communities, for legal fees.

The legislation provides that for projects proposed to be sited in New York City, one of the ad hoc public members of the Siting Board will be appointed by the Governor in consultation with the Borough President of the Borough in which the facility is proposed to be located, and be a resident of that Borough.

Legislative history

This is a bill that follows the general outline of the original Article X of the Public Service Law, expired on January 1, 2003 (and changes made to that law since its origin), with changes to reflect current conditions and concerns expressed by communities and legislators.

2007-2008: S.4529

Fiscal implications

Costs incurred by State agencies participating in the reenacted siting process would be recovered, as in the past, through Section 18-a of the Public Service Law, and thus would not affect the State's fiscal plan of revenues and expenditures.

Local fiscal implications

None.

Effective date

This act shall take effect immediately, provided that nothing in this act shall be construed to limit any administrative authority, with respect to matters included in this act, which existed prior to the effective date of this act.