S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          349
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced by M. of A. ROSENTHAL -- Multi-Sponsored by -- M. of A. CRES-
         PO -- read once and referred to the Committee on Economic Development
       AN ACT to amend the environmental conservation law, in relation to stan-
         dards for emissions from small electric generating sources
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 19-0107 of the environmental  conservation  law  is
    2  amended by adding a new subdivision 25 to read as follows:
    3    25.  "SMALL ELECTRIC GENERATING SOURCE" MEANS ANY STATIONARY SOURCE OR
    4  COMBINATION OF STATIONARY SOURCES THAT HAS  THE  CAPACITY  OR  POTENTIAL
    5  CAPACITY TO GENERATE TEN OR MORE KILOWATTS OF ELECTRICITY, EMITS A REGU-
    6  LATED  AIR  CONTAMINANT, AND IS NOT DEFINED AS A MAJOR AIR CONTAMINATION
    7  SOURCE PURSUANT TO THIS ARTICLE OR THE FEDERAL CLEAN AIR ACT (42  U.S.C.
    8  SECTION 7401 ET SEQ.).
    9    S  2.  Subdivision 2 of section 19-0301 of the environmental conserva-
   10  tion law is amended by adding a new paragraph f to read as follows:
   11    F. BY JANUARY FIRST, TWO  THOUSAND  SEVENTEEN,  PROMULGATE  RULES  AND
   12  REGULATIONS ESTABLISHING PERFORMANCE STANDARDS FOR THE EMISSION OF REGU-
   13  LATED  AIR  CONTAMINANTS  FROM  SMALL  ELECTRIC GENERATING SOURCES. SUCH
   14  EMISSION STANDARDS SHALL BE EQUIVALENT  WITH  THE  PERFORMANCE  (ON  THE
   15  BASIS  OF  UNIT  OF  POLLUTANT EMITTED PER UNIT OF ENERGY OUTPUT) OF NEW
   16  NATURAL GAS MAJOR SOURCE GENERATORS MEETING BEST AVAILABLE CONTROL TECH-
   17  NOLOGY PURSUANT TO THIS ARTICLE AND THE FEDERAL CLEAN AIR ACT (42 U.S.C.
   18  SECTION 7401 ET SEQ.).
   19    (1) PERFORMANCE OF SMALL ELECTRIC GENERATING SOURCES SHALL BE MEASURED
   20  IN POUNDS OF POLLUTION PER MEGAWATT-HOUR  USEFUL  ENERGY  OUTPUT,  WHERE
   21  USEFUL  ENERGY  OUTPUT  INCLUDES  HEAT  GENERATED BY SYSTEMS SOLD BY THE
   22  ORIGINAL EQUIPMENT MANUFACTURER  AS  A  COMBINED  HEAT  AND  ELECTRICITY
   23  GENERATOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03923-01-5
       A. 349                              2
    1    (2)  RULES  AND REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE SHALL
    2  INCLUDE A PERMITTING  REQUIREMENT  FOR  ALL  SMALL  ELECTRIC  GENERATING
    3  SOURCES IN ORDER TO ENFORCE THE PERFORMANCE STANDARDS.
    4    (3)  THE DEPARTMENT SHALL ALSO DEVELOP AN ALTERNATIVE PERMITTING MECH-
    5  ANISM AND MAKE THIS MECHANISM AVAILABLE TO COVER ONLY THOSE SMALL  ELEC-
    6  TRIC GENERATING SOURCES THAT HAVE BEEN CERTIFIED BY THE MANUFACTURER AND
    7  VERIFIED BY A THIRD-PARTY, WHICH IS DULY AUTHORIZED BY THE DEPARTMENT TO
    8  VERIFY  SUCH  COMPLIANCE,  TO MEET APPLICABLE PERFORMANCE STANDARDS WHEN
    9  OPERATED UNDER LIKELY CONDITIONS AND  IN  ACCORDANCE  WITH  MANUFACTURER
   10  INSTRUCTIONS.  SMALL  ELECTRIC  GENERATING SOURCES ELIGIBLE FOR COVERAGE
   11  UNDER  THIS  ALTERNATIVE  PERMITTING  MECHANISM  SHALL  OBTAIN  COVERAGE
   12  THROUGH A REGISTRATION PROCESS, RATHER THAN THROUGH AN INDIVIDUAL APPLI-
   13  CATION  PROCESS.  THE  MANUFACTURER CERTIFICATION SHALL ALSO ENSURE THAT
   14  THE SMALL ELECTRIC GENERATING SOURCE WILL CONTINUE TO MEET THE  PERFORM-
   15  ANCE STANDARDS FOR THE LIFE OF THE ALTERNATIVE PERMITTING MECHANISM, THE
   16  TERM OF WHICH SHALL NOT EXCEED FIVE YEARS.
   17    S 3. This act shall take effect immediately.