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

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-Amended.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  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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 decisions
    14  issued after the effective date of this act, the department of  environ-
    15  mental  conservation  shall  not  issue  any  new permits, or any permit
    16  renewal for a facility subject to this act that is located in  a  county
    17  with  a population of not less than three hundred fifty thousand and not
    18  more than four hundred thousand as determined by the most recent  United
    19  States  census,  for  the  operation  of an electric generating facility
    20  powered by natural gas or any other carbon  fuel  unless  such  facility
    21  demonstrates that it can operate in the public interest by demonstrating
    22  that  its  operation  (i)  is consistent with and will not substantially
    23  impede or interfere with the state's ability to  meet  the  targets  and
    24  goals  in  the  climate  leadership and protection act and (ii) does not

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

        S. 8809--A                          2

     1  negatively affect public health or safety, agriculture, viewshed,  noise
     2  pollution,  tourism  and recreational opportunities, community character
     3  or environmental justice communities.  The department  of  environmental
     4  conservation shall issue a written determination on whether the facility
     5  is  in the public interest only after a public hearing and comment peri-
     6  od.
     7    § 3. This act shall take effect immediately and shall  expire  and  be
     8  deemed repealed on and after April 1, 2021.