What's happening
This bill restricts power plants from using secondary fuels except during emergencies or as specified in federal regulations.
Why it matters
Limits operational flexibility for power plants by preventing them from using secondary fuels during normal operations. , which could impact how facilities manage fuel supply disruptions or maintenance schedules.
Tightens the definition of emergencies to exclude situations caused by permitting or construction delays. , thereby holding plant operators more accountable for planning and compliance, and reducing potential loopholes.
Aligns state regulation with federal standards. (specifically referencing 40 CFR 60.4211), ensuring that exceptions for using secondary fuels are only allowed under federally recognized emergency circumstances, which could foster more consistent enforcement and environmental protection.
Could have implications for reliability and cost of electricity generation. , especially for plants that previously relied on secondary fuels as a backup, potentially incentivizing investment in cleaner and more reliable primary fuel sources.
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Who cares
Headline styles
Limit Backup Fuel Use
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
1 Co-sponsor
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 Power Plant Fuel Use
In Assembly Committee · Environmental Conservation · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1723
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
Gas and Electricity corporations shall not authorize the start-up of a facility with any fuel other than the primary fuel.
Summary of provisions
Section 1: Paragraph f of subdivision 3 of section 190311 of the envi- ronmental conservation law permitting process, as added by chapter 608 of the laws of 1993, to not authorize the startup of the a facility with any fuel other than the primary fuel.
Section 2: Section 19-0312 of the environmental conservation law by adding a new subdivision 4 to clarify secondary fuel source may not be used except during emergencies or as set forth in 40 CFR 60.4211.
Justification
Currently, electricity generating facilities must submit permit applica- tions that identify the primary fuel source of the facility, as well as any alternative operating scenarios that may arise. These alternative operations occur in the rare instances when the primary power source of a facility does not meet sufficient energy needs. A generating facility should not start up operations using an alternative fuel source that is only meant as a back-up supply. This is especially important because often the alternative fuel source is less environmentally-friendly than the primary fuel source.
Prior legislative history
Assembly:
01/05/18 - Referred to Environmental Conservation
03/16/18 - Amend (t) and recommit to Environmental Conservation
03/16/18 - Print number 8902a
Senate:
03/22/18 - Referred to Environmental Conservation
Fiscal implications
To be determined
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.