Authorizes eligibility for admission for certain applicants for the excelsior jobs program

2 Co-sponsors

• Kenneth P. LaValle
• Catharine Young

BILL NUMBER:S1340

Title of bill

An act to amend the public service law, the economic development law and the tax law, in relation to eligibility for admission to the excelsior jobs program

Purpose or general idea of bill

Allows proposed electric generating facilities which are certified under the repowering siting law, and those that have received regulatory approval prior to its enactment, to apply for the excelsior jobs program.

Summary of specific provisions

Section 1 amends section 165 of the Public Service law to allow applicants that have been granted a certificate for the construction or operation of a facility the option to apply for admission to the excelsior jobs program established by article seventeen of the Economic Development Law. Project that had received regulatory approval prior to the law's enactment would also be eligible.

Section 2 amends section 352 the economic development law to allow a major electric generating facility that has been granted a certificate or amendment thereof for the construction or operation of a facility to be eligible to apply for admission to the excelsior jobs program.

Section 3 amends section 353 of the economic development law to exempt a major electric generating facility that has been granted a certificate or amendment thereof for the construction or operation of a facility.

Sections 4 and 5 of the bill amend sections 31 and 187-q of the tax law in relation to the excelsior jobs program credit.

Section 6 sets the effective date.

Justification

The Power New York Act of 2011 reformed and reestablished the State Electric Generating Facility Siting Board, Under the new law, generators seeking to upgrade or replace their plants on existing sites can take advantage of a streamlined repowering review process. While a step in the right direction, the provision is not enough of an incentive to encourage the replacement of old, polluting facilities with newer, cleaner and more efficient power plants.

Aging power plants are significant contributors to air quality problems caused by carbon, mercury, nitrogen and sulfur oxide pollution. These emissions have resulted in the greater metropolitan region's designation as a non-attainment zone under the Federal Clean Air Act for particulate matter and ozone. Aside from the significant economic impact of complying air quality regulations, areas that have been disproportionately

burdened with clusters of generating facilities have demonstrated higher instances of lung disease and asthma leading to a strain on our public health system and higher health care costs.

This legislation will offer power producers that have received regulatory approval to repower the option to apply for incentives under the Excelsior Jobs Benefit Program in return for meeting - environmental, public health and economic benefit benchmarks. Investment in cleaner, more efficient generation is in the best interests of the environment, public health and the economy.

Prior legislative history

S.7743A of 2011-12; Passed Senate

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.