What's happening
This bill restricts power plants from using secondary fuels except during emergencies, and clarifies rules for alternative operating scenarios and emergencies.
Why it matters
Limits use of secondary fuels at power plants. , which means facilities must rely almost exclusively on their primary (often cleaner) fuel source, potentially reducing emissions from dirtier backup fuels.
Narrows the definition of what counts as an “emergency”. for regulatory exceptions, excluding issues like poor equipment design, maintenance lapses, operator error, or project delays—making it harder for plants to claim emergencies as a loophole.
Requires alternative operating scenarios in permits to use only primary fuel for startup. , preventing facilities from starting up with secondary (potentially more polluting) fuels and tightening pollution control at critical operational moments.
Aligns state standards with specific federal regulations (40 CFR 60.4211) regarding emergency engine use. , promoting consistency and clarity for facility operators and regulators in interpreting when and how backup systems can be used.
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Who cares
Headline styles
Limit Power Plant Fuel Use
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit Backup Fuel Use
In Senate Committee · Environmental Conservation · Sponsor James Skoufis
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6248
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the operating permit program from sources subject to the federal Clean Air Act and power plant emissions and performance standards
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs f and g of subdivision 3 of section 19-0311 of the environmental conservation law, as added by chapter 608 of the laws of 1993, are amended to read as follows:
f. provisions for alternative operating scenarios where a source identifies such scenarios in its permit application for department approval, and where such scenarios are approved by the department; provided, however, such scenarios shall not authorize the start up of the facility with any fuel other than the primary fuel;
g. provisions for emergencies beyond the control of the source; notwithstanding section 71-2109 of this chapter, an "emergency" shall mean any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, which situation requires immediate corrective action to restore normal operation and which causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error, or delays caused by permitting or construction;
§ 2. Section 19-0312 of the environmental conservation law is amended by adding a new subdivision 4 to read as follows:
4. No electric generating facility shall utilize their secondary fuel source or emergency stationary internal combustion engine except during emergencies or as set forth in 40 CFR 60.4211.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07328-01-9
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.