Bill Text: NY S07767 | 2011-2012 | General Assembly | Introduced

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Bill Title: Directs the power authority to conduct an analysis of the economic viability of load producing electric generating facilities for the purpose of determining the feasibility of entering into power purchasing agreements with such facilities.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2012-06-21 - referred to corporations, authorities and commissions [S07767 Detail]

Download: New_York-2011-S07767-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7767
                                   I N  S E N A T E
                                     June 18, 2012
                                      ___________
       Introduced  by  Sens. YOUNG, MAZIARZ, NOZZOLIO -- read twice and ordered
         printed, and when printed to be committed to the Committee on Rules
       AN ACT to require the power authority  of  the  state  of  New  York  to
         conduct  an  analysis  of  the  economic viability of certain electric
         generating facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  (a) Within 90 days of the effective date of this act, the
    2  power authority of the state of New York shall conduct  an  analysis  of
    3  the  current  economic  viability  of load producing electric generating
    4  facilities, and as deemed feasible and advisable by the board  of  trus-
    5  tees  of  such  authority, taking full consideration of the requirements
    6  and viability of the entire power generating system needs of  the  state
    7  of  New York, with special consideration of the ratepayers and taxpayers
    8  of the state, shall recommend entering into a purchase  power  agreement
    9  with  the  owners  and  operators of such facilities, if such owners and
   10  operators meet and agree upon the conditions in subdivision (b) of  this
   11  section.    Such  power  purchase agreements shall be effective upon the
   12  conclusion of such 90 day period and be designed to maintain said facil-
   13  ities' power production capacities at a rate  sufficient  to  ensure  at
   14  least  three  years  worth  of  no less than a level of operating income
   15  necessary to allow said facilities to remain open and functioning  reli-
   16  ably  and safely and fully staffed at at least ninety percent of current
   17  employment levels,  payrolls  and  local  community  benefits.  For  the
   18  purposes  of  this  subdivision,  operating  income  shall  include  all
   19  expenses of eligible facilities excluding debt service costs, except for
   20  verifiable  debt  service  payments  related  to  capital   improvements
   21  designed  to  substantially  reduce the emission of toxic air pollutants
   22  emanating from generators operating at said facility.
   23    (b) The power purchase agreement permitted under  subdivision  (a)  of
   24  this  section  shall only apply to power generating units that currently
   25  meet or exceed the minimum standards established in the  final  rule  of
   26  the  proposed  National Emission Standards for Hazardous Air Pollutants.
   27  In addition, such owner and/or operator of a generating  unit  otherwise
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16060-01-2
       S. 7767                             2
    1  eligible  for  benefits  under  this  section must agree to repower such
    2  facility and construct new or retrofit existing generators that:
    3    1.  are  designed and intended to operate at an electricity production
    4  efficiency level of at least forty-eight percent;
    5    2. will be capable of producing at least  600  megawatts  of  electric
    6  generating capacity running at least 7,000 hours per year;
    7    3.  will  be  able  to achieve a 2 parts per million limit for nitrous
    8  oxide emissions using Lowest Achievable Emission Rate technologies;
    9    4. will utilize Lowest Achievable Emission Rate technologies if feasi-
   10  ble, or, at a minimum, Best Available Control  Technologies  for  carbon
   11  monoxide and sulfur dioxide emission levels;
   12    5.  will safely demolish or decommission the existing generators at an
   13  eligible facility; and,
   14    6. will place in service the new  electric  generating  facilities  no
   15  later than March 31, 2017.
   16    S  2. Notwithstanding any limitations or conditions contained in para-
   17  graph 8 of subdivision (a) and paragraph 7 of subdivision (c) of section
   18  188-a of the economic development law, any power purchased by the  power
   19  authority  of  the state of New York pursuant to section one of this act
   20  shall be considered Recharge New York power, and shall  be  utilized  to
   21  augment  Recharge  New York power allocations for eligible businesses as
   22  defined in paragraph 5 or 7 of subdivision (a) of section 188-a  of  the
   23  economic  development  law  that are recommended for a Recharge New York
   24  power allocation pursuant to part CC of chapter 60 of the laws of 2011.
   25    S 3. This act shall take effect immediately.