S T A T E O F N E W Y O R K
________________________________________________________________________
5698
2011-2012 Regular Sessions
I N S E N A T E
June 10, 2011
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT in relation to a proposed electric generating facility in the
county of Suffolk; and providing for the repeal of such provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Notwithstanding any other section of law or regulation, an
2 electric generating facility proposed to be constructed on a site at all
3 or a portion of tax map plots 206/007-01-001.1, 206/007-01-001.3, and
4 206/007-01-001.2 in the village of Port Jefferson in the county of
5 Suffolk to which a certificate of completion has been issued pursuant to
6 section 27-1419 of the environmental conservation law shall be deemed to
7 be a site used primarily for manufacturing as that term is delimited in
8 subparagraph (A) of paragraph (3-a) of subdivision (a) of section 21 of
9 the tax law, and such site shall be considered in an environmental zone
10 as described in subparagraph (A) of paragraph (6) of subdivision (b) of
11 section 21 of the tax law and subparagraph (A) of paragraph (5) of
12 subdivision (a) of section 22 of the tax law if such electric generating
13 facility:
14 1. is designed and intended to operate at an electricity production
15 efficiency level of at least forty-eight percent;
16 2. will be capable of producing at least 600 MW of electric generating
17 capacity running at least 7000 hours per year;
18 3. will be able to achieve a 2 parts per million limit for nitrous
19 oxide emissions using Lowest Achievable Emission Rate technologies;
20 4. will utilize Lowest Achievable Emission Rate technologies if feasi-
21 ble, or, at a minimum, Best Available Control Technologies for carbon
22 monoxide and sulfur dioxide emission levels;
23 5. will safely demolish and remove from the site the existing two
24 operating 175 MW generators currently operating on the site and the two
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13076-01-1
S. 5698 2
1 40 megawatt generators that are decommissioned at the site, and the two
2 79 megawatt peaking units on the site must either be safely demolished
3 and removed from the site or will only be operated under conditions
4 determined to meet the criteria of an energy emergency as declared by
5 the New York independent system operator;
6 6. will have been issued such certificate of completion no later than
7 March 31, 2015; and,
8 7. will place in service the new electric generating facilities no
9 later than March 31, 2018.
10 S 2. This act shall take effect immediately and shall expire and be
11 deemed repealed on April 1, 2018.