Relates to the siting of major electric generating facilities

Summary of provisions

The bill would reauthorize the expired Article X process for siting power plants, which may become necessary to ensure that new electric generation is built to meet the energy and reliability needs of the state's energy consumers. The amendments would provide for enhanced community input to siting decisions and provide additional studies on health impacts, relieve the burden on applicants for certain environmental and health related studies, and place such responsibility on the appropriate state agencies. These amendments are designed to collect more information while maintaining the 12-month application review period under current law. These amendments include provisions for:

* Protecting the health of families in the local community by requiring analyses of health impacts, cumulative impacts of emissions in the affected area and requiring environmental justice to be taken into account by the siting board in its decision-making.

* Improving local community representation on each siting board by requiring that local appointees be named by locally elected officials, instead of simply being, chosen by the governor as in current law.

* Strengthening the community outreach process by requiring the use of multiple languages as appropriate as well as the use of community newspapers for notice requirements.

* Provides for intervenor funding of up to 5650,000, making 25% to be available for pre-application process and allowing intervenor funds to be available for legal fees. For facilities that will require

storage of fuel waste byproduct an additional fee $500 for each kilowatt of capacity, not to exceed $200.000, will be required.

* Lowering the "threshold" for the size of power plants for which Article X applies, to 20 megawatts rather than 80 megawatts as in the expired law, and for applying such threshold in cases where multiple plants are separately located but are proposed within the same community.

* Exempting generating sources that began another process for agency permit approval prior to re-enactment of this article.

* Requiring the applicant, in its description of and application for a project, to provide a profile of air and water emissions, including micro particulates (of "2.5 microns or smaller") which are shown to cause and/or aggravate respiratory ailments.

* Requiring the Department of Environmental Conservation to conduct an examination of cumulative impacts of emissions from existing and potential sources in the community, to both human health and the environment, as well as, with the participation of the Department of Health, an environmental justice analysis.

* Requiring Energy Research and Development Authority to conduct a cost analysis of the proposed facility, in comparison to alternative sources of energy including renewable and energy efficiency measures, and how such proposed facility fits into the current energy plan.

* Requiring the Department of State to conduct an analysis of the proposal in light of state coastal zone management laws and policies and requiring the Office of Parks, Recreation and Historic Preservation to conduct an analysis of impacts on parks and open lands.

* Requiring the submission of a security plan, to be done in consultation with the state Emergency Management Office.

* Prohibiting the Power Authority of the State of New York and the Long Island Power Authority from assuming the lead role in assessing the environmental and health impacts of facilities they either build themselves, or cause to be built.

* Provides for four pollutant standards in the Environmental Conservation Law, with respect to power plant emissions and performance standards; proposed facilities would be required to meet enhanced emission reduction requirements.

Statement of support

The current statutes that provide for the siting of major electric generating facilities under Article X of the Public Service Law. The amendments to the Article X process are necessary to address and improve the siting process. The amendments are also needed to improve community participation in the process, alleviate

some of the burden on power plant applicants, and to develop a holistic approach to agency decision-making with respect to power plants.

Prior legislative history

2009: A.8696 (Cahill) - Passed Assembly; Died in Senate 2006: A.10371-C (Tonko) - Passed Assembly; Died in Senate 2005: A.5865-A (Tonko) - Advanced to Third Reading Cal. 642 2004: A.6248-B (Tonko) - Passed Assembly; Died in Senate 2003: A.6248-A (Tonko) - Passed Assembly; Died in Senate 2002: A.11755-A (Tonko) - Passed Assembly; Died in Senate

Fiscal implications

None to State.

Effective date

Immediate; expires December 31, 2020.