Bill Text: NY S08809 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes a heightened review of new permits for the operation of certain electric generation facilities to ensure consistency with state public interest standards and consistency with the state's ability to meet targets and goals in the climate leadership and community protection act.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2020-07-23 - referred to environmental conservation [S08809 Detail]

Download: New_York-2019-S08809-Introduced.html

                STATE OF NEW YORK


                    IN SENATE

                                      July 20, 2020

        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to establish a heightened review of new permits for the operation
          of certain electric generation facilities to ensure  consistency  with
          state  public interest standards; and providing for the repeal of such
          provisions upon the expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. It is the intent of this legislature to
     2  further  the  protection  of  the  Hudson Valley region from the adverse
     3  effects of electric generation from fossil fuels in the Town of Wawayan-
     4  da. Such adverse effects include emissions of carbon  dioxide,  methane,
     5  and other pollutants that contribute to climate change, noise pollution,
     6  and  damaging impacts on health, agriculture, tourism, viewshed, and the
     7  character of the surrounding community. Orange county  is  home  to  the
     8  "Black Dirt Region," an agriculturally significant region famous for its
     9  production  of  onions, among other products, and is also home to impor-
    10  tant recreational and tourist attractions, and ongoing review of facili-
    11  ty operations should take into account whether the  electric  generating
    12  facility's operation is in the public interest.
    13    §  2.  Notwithstanding  any  law to the contrary, for any permit deci-
    14  sions, excluding renewals, issued after the effective date of this  act,
    15  the  department  of  environmental  conservation shall not issue any new
    16  permits for the operation of an electric generating station  powered  by
    17  natural  gas  or any other carbon fuel unless such facility demonstrates
    18  that the station can operate in the  public  interest  by  demonstrating
    19  that its operation is consistent with the state's climate goals and does
    20  not  negatively  affect  public health or safety, agriculture, viewshed,
    21  tourism and recreational  opportunities,  or  community  character.  The
    22  department  of environmental conservation shall issue a written determi-
    23  nation on whether the facility is in the public interest  only  after  a
    24  public hearing and comment period.
    25    §  3.  This  act shall take effect immediately and shall expire and be
    26  deemed repealed on and after December 31, 2020.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.