What's happening
This bill requires New York to set emissions standards and permitting requirements for small electric generating sources to reduce air pollution.
Why it matters
Targets smaller pollution sources often overlooked. By defining "small electric generating sources" (10 kW or greater, but not "major sources"), the bill aims to regulate a significant number of distributed generators—like backup generators and small power systems—that collectively emit notable air pollution but are not covered by stricter federal rules.
Promotes cleaner technology adoption. Emissions standards for these sources must match the performance of new natural gas generators using the best available control technology, incentivizing manufacturers and operators to upgrade to cleaner, more efficient systems.
Creates a streamlined, enforceable permitting system. The new permitting requirement ensures all small generators are tracked and compliant, while an alternative registration-based permit process rewards manufacturers whose equipment consistently meets standards, easing regulatory burdens for proven clean technology.
Expands regulatory oversight and public health protection. By closing a regulatory gap, the bill directly addresses localized air pollution that can disproportionately affect communities near clusters of small generators—potentially improving air quality and health outcomes in urban and industrial areas.
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Who cares
Headline styles
Limit Pollution From Small Generators
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1246
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. CRES- PO -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to standards for emissions from small electric generating sources
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 19-0107 of the environmental conservation law is amended by adding a new subdivision 25 to read as follows:
25. "Small electric generating source" means any stationary source or combination of stationary sources that has the capacity or potential capacity to generate ten or more kilowatts of electricity, emits a regulated air contaminant, and is not defined as a major air contamination source pursuant to this article or the Federal Clean Air Act (42 U.S.C. section 7401 et seq.).
§ 2. Subdivision 2 of section 19-0301 of the environmental conservation law is amended by adding a new paragraph f to read as follows:
f. By January first, two thousand nineteen, promulgate rules and regulations establishing performance standards for the emission of regulated air contaminants from small electric generating sources. Such emission standards shall be equivalent with the performance (on the basis of unit of pollutant emitted per unit of energy output) of new natural gas major source generators meeting best available control technology pursuant to this article and the Federal Clean Air Act (42 U.S.C. section 7401 et seq.).
(1) Performance of small electric generating sources shall be measured in pounds of pollution per megawatt-hour useful energy output, where useful energy output includes heat generated by systems sold by the original equipment manufacturer as a combined heat and electricity generator.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04951-01-7
A. 1246 2
(2) Rules and regulations promulgated pursuant to this article shall include a permitting requirement for all small electric generating sources in order to enforce the performance standards.
(3) The department shall also develop an alternative permitting mechanism and make this mechanism available to cover only those small electric generating sources that have been certified by the manufacturer and verified by a third-party, which is duly authorized by the department to verify such compliance, to meet applicable performance standards when operated under likely conditions and in accordance with manufacturer instructions. Small electric generating sources eligible for coverage under this alternative permitting mechanism shall obtain coverage through a registration process, rather than through an individual application process. The manufacturer certification shall also ensure that the small electric generating source will continue to meet the performance standards for the life of the alternative permitting mechanism, the term of which shall not exceed five years.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.