Bill Text: NY A00800 | 2023-2024 | General Assembly | Introduced

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Bill Title: Directs the department of environmental conservation to promulgate standards for emission of regulated air contaminants from small electric generating sources (defined within); specifies criteria therefor; provides for a permitting requirement and an alternative permitting mechanism involving a registration process.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A00800 Detail]

Download: New_York-2023-A00800-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           800

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Environmental Conservation

        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    § 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 twenty-five, 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.
                                                                   LBD00857-01-3
        A. 800                              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    § 3. This act shall take effect immediately.