NY State Senate Bill 2023-S2857

Senate Bill S2857

2023-2024 Legislative Session

Relates to the operating permit program from sources subject to the federal Clean Air Act and power plant emissions and performance standards

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Jan 25, 2023	referred to environmental conservation

2023-S2857 (ACTIVE) - Details

See Assembly Version of this Bill:: A8198
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§19-0311 & 19-0312, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8043, A8902
2019-2020: S1723, A6248
2021-2022: S1818, A6499
2025-2026: S4038

2023-S2857 (ACTIVE) - Summary

Relates to the operating permit program from sources subject to the federal Clean Air Act and power plant emissions and performance standards.

2023-S2857 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2857

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
operating permit program from sources subject to the federal Clean Air
Act and power plant emissions and performance standards

 
PURPOSE:

Gas and Electricity corporations shall not authorize the start-up of a
facility with any fuel other than the primary fuel.

 
SUMMARY OF PROVISIONS:

Section 1: Paragraph f of subdivision 3 of section 190311 of the envi-
ronmental conservation law permitting process, as added by chapter 608
of the laws of 1993, to not authorize the startup of the a facility with
any fuel other than the primary fuel.

Section 2: Section 19-0312 of the environmental conservation law by

adding a new subdivision 4 to clarify secondary fuel source may not be
used except during emergencies or as set forth in 40 CFR 60.4211.

Section 3: Sets effective date.

 
JUSTIFICATION:

Currently, electricity generating facilities must submit permit applica-
tions that identify the primary fuel source of the facility, as well as
any alternative operating scenarios that may arise. These alternative
operations occur in the rare instances when the primary power source of
a facility does not meet sufficient energy needs. A generating facility
should not start up operations using an alternative fuel source that is
only meant as a back-up supply. This is especially important because
often the alternative fuel source is less environmentally-friendly than
the primary fuel source.

 
LEGISLATIVE HISTORY:

Senate

2018 - S9043, Referred to Environmental Conservation

2020 - S1723, Referred to Environmental Conservation

2021-2022- S1818, Referred to Environmental Conservation

Assembly

2018 - A8902A, Amend and Recommit to Environmental Conservation

2020 - A6248, Referred to Environmental Conservation

2021-2022- A6499, Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2857 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2857
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   operating permit program from sources subject to the federal Clean Air
   Act and power plant emissions and performance standards

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs f and g of subdivision 3 of section  19-0311  of
 the  environmental conservation law, as added by chapter 608 of the laws
 of 1993, are amended to read as follows:
   f. provisions for alternative operating scenarios where a source iden-
 tifies such scenarios in its permit application for department approval,
 and where such scenarios  are  approved  by  the  department;  PROVIDED,
 HOWEVER, SUCH SCENARIOS SHALL NOT AUTHORIZE THE START UP OF THE FACILITY
 WITH ANY FUEL OTHER THAN THE PRIMARY FUEL;
   g.  provisions  for  emergencies  beyond  the  control  of the source;
 notwithstanding section 71-2109 of this chapter,  an  "emergency"  shall
 mean  any  situation  arising  from  sudden and reasonably unforeseeable
 events beyond the control of the source, which situation requires  imme-
 diate corrective action to restore normal operation and which causes the
 source  to  exceed  a  technology-based  emission  limitation  under the
 permit, due to unavoidable increases in emissions  attributable  to  the
 emergency.  An  emergency  shall not include noncompliance to the extent
 caused by improperly designed equipment, lack  of  preventative  mainte-
 nance,  careless  or  improper  operation,  or operator error, OR DELAYS
 CAUSED BY PERMITTING OR CONSTRUCTION;
   § 2. Section 19-0312 of the environmental conservation law is  amended
 by adding a new subdivision 4 to read as follows:
   4.  NO ELECTRIC GENERATING FACILITY SHALL UTILIZE THEIR SECONDARY FUEL
 SOURCE OR EMERGENCY STATIONARY INTERNAL COMBUSTION ENGINE EXCEPT  DURING
 EMERGENCIES OR AS SET FORTH IN 40 CFR 60.4211.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05791-01-3

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