S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    800
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Section  19-0107 of the environmental conservation law is
 amended by adding a new subdivision 25 to read as follows:
   25. "SMALL ELECTRIC GENERATING SOURCE" MEANS ANY STATIONARY SOURCE  OR
 COMBINATION  OF  STATIONARY  SOURCES  THAT HAS THE CAPACITY OR POTENTIAL
 CAPACITY TO GENERATE TEN OR MORE KILOWATTS OF ELECTRICITY, EMITS A REGU-
 LATED AIR CONTAMINANT, AND IS NOT DEFINED AS A MAJOR  AIR  CONTAMINATION
 SOURCE  PURSUANT TO THIS ARTICLE OR THE FEDERAL CLEAN AIR ACT (42 U.S.C.
 SECTION 7401 ET SEQ.).
   § 2. Subdivision 2 of section 19-0301 of the  environmental  conserva-
 tion law is amended by adding a new paragraph f to read as follows:
   F.  BY  JANUARY  FIRST, TWO THOUSAND TWENTY-FIVE, PROMULGATE RULES AND
 REGULATIONS ESTABLISHING PERFORMANCE STANDARDS FOR THE EMISSION OF REGU-
 LATED AIR CONTAMINANTS FROM  SMALL  ELECTRIC  GENERATING  SOURCES.  SUCH
 EMISSION  STANDARDS  SHALL  BE  EQUIVALENT  WITH THE PERFORMANCE (ON THE
 BASIS OF UNIT OF POLLUTANT EMITTED PER UNIT OF  ENERGY  OUTPUT)  OF  NEW
 NATURAL GAS MAJOR SOURCE GENERATORS MEETING BEST AVAILABLE CONTROL TECH-
 NOLOGY PURSUANT TO THIS ARTICLE AND THE FEDERAL CLEAN AIR ACT (42 U.S.C.
 SECTION 7401 ET SEQ.).
   (1) PERFORMANCE OF SMALL ELECTRIC GENERATING SOURCES SHALL BE MEASURED
 IN  POUNDS  OF  POLLUTION  PER MEGAWATT-HOUR USEFUL ENERGY OUTPUT, WHERE
 USEFUL ENERGY OUTPUT INCLUDES HEAT GENERATED  BY  SYSTEMS  SOLD  BY  THE
 ORIGINAL  EQUIPMENT  MANUFACTURER  AS  A  COMBINED  HEAT AND ELECTRICITY
 GENERATOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00857-01-3
 A. 800                              2
 
              

   (2) RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS  ARTICLE  SHALL
 INCLUDE  A  PERMITTING  REQUIREMENT  FOR  ALL  SMALL ELECTRIC GENERATING
 SOURCES IN ORDER TO ENFORCE THE PERFORMANCE STANDARDS.
   (3)  THE DEPARTMENT SHALL ALSO DEVELOP AN ALTERNATIVE PERMITTING MECH-
 ANISM AND MAKE THIS MECHANISM AVAILABLE TO COVER ONLY THOSE SMALL  ELEC-
 TRIC GENERATING SOURCES THAT HAVE BEEN CERTIFIED BY THE MANUFACTURER AND
 VERIFIED BY A THIRD-PARTY, WHICH IS DULY AUTHORIZED BY THE DEPARTMENT TO
 VERIFY  SUCH  COMPLIANCE,  TO MEET APPLICABLE PERFORMANCE STANDARDS WHEN
 OPERATED UNDER LIKELY CONDITIONS AND  IN  ACCORDANCE  WITH  MANUFACTURER
 INSTRUCTIONS.  SMALL  ELECTRIC  GENERATING SOURCES ELIGIBLE FOR COVERAGE
 UNDER  THIS  ALTERNATIVE  PERMITTING  MECHANISM  SHALL  OBTAIN  COVERAGE
 THROUGH A REGISTRATION PROCESS, RATHER THAN THROUGH AN INDIVIDUAL APPLI-
 CATION  PROCESS.  THE  MANUFACTURER CERTIFICATION SHALL ALSO ENSURE THAT
 THE SMALL ELECTRIC GENERATING SOURCE WILL CONTINUE TO MEET THE  PERFORM-
 ANCE STANDARDS FOR THE LIFE OF THE ALTERNATIVE PERMITTING MECHANISM, THE
 TERM OF WHICH SHALL NOT EXCEED FIVE YEARS.
   § 3. This act shall take effect immediately.