Summary
This bill reauthorizes Article 10 of the Public Service Law that governs the siting of power plants and extends it until December 31, 2017. This bill also amends the Energy Law and re-establishes the State Energy Planning Board and authorizes the Board to engage in energy planning.

Explanation
The siting of major electric power generating facilities (greater than 30 megawatts capacity) has serious consequences for the environment, public health, and the state’s electric generating capacity. This bill establishes a siting process for generating facilities that is more open and accessible to the public and would require detailed analyses of potential environmental and public health impacts.

The bill would require any power plants of 30 megawatts “nameplate” capacity and higher to comply with the proposed siting provisions. The bill explicitly excludes nuclear power plants and waste to energy facilities from participating in an expedited siting process. The bill requires broad public participation and public notice. Intervenor funding is available to local governments and other interested parties to pay for expert consultants and administrative and legal fees in both the pre-application and application phases of the siting process.

The New York State Department of Environmental Conservation (DEC) would be responsible for conducting an analysis of environmental impacts, including the cumulative air quality impacts of existing and projected air emissions. This analysis would be conducted for an area extending in a five-mile radius around the proposed project site, as well as the host county and adjacent counties.

The analysis would also look at small particulate matter referred to as PM 2.5, mercury, and all other federal criteria pollutants and toxins. The bill would also authorize the DEC Commissioner to make a determination as to whether applications to site coal-fired plants uses suitable technology to control carbon dioxide emissions, given the state’s efforts to reduce greenhouse gas emissions. 

Environmental Advocates of New York strongly supports this bill.