December 16, 2002

For More Information, Contact:
Christine Vanderlan: 518-462-5526, ext. 240
Anne Reynolds, 518-462-5526 ext. 238 or 518-229-1539 (cell)
Jeff Jones, 518-462-5526 ext 233 or 518-265-0719 (cell)

Environmentalists Oppose Article X Extension Without Reform

New Yorkers Need Protections in Power Plant Siting Process
Assembly-passed reforms address environmental, health concerns

(Albany, NY) -With the Senate returning for a special session this week, there has been a push for an extension without reform of Article X, the law that governs the siting of new power plants. Article X of the Public Service Law expires on December 31, 2002. Environmental Advocates of New York strongly opposes extending Article X without reform. In June, the Assembly passed legislation (A.11755-A Tonko, et al.) that included significant reforms. EANY is today releasing an analysis of A.11755-A to remind lawmakers and the public of what the Assembly has already done to increase the voice of localities in the review of proposed new power plants and to improve environmental reviews.

Major electric generating facilities are large sources of pollution and should, therefore, be sited carefully and fairly. Power plant pollution causes acid rain, smog and global warming, exacerbates asthma and puts public health at risk. Experience over the last three years has demonstrated that public opinion can be steamrolled in the siting process: poor and minority communities will be targeted for more than their fair share of proposed polluting projects; plants can be sited without adequate information about soot (small particles) pollution or the likely impacts of a number of proposals in a small geographic area or neighborhood; and the process can frequently be totally avoided because of a serious loophole in the law that excludes all plants less than 80 megawatts.

"The Legislature should reform Article X to adequately reflect that these facilities are major new pollution sources and require significant environmental scrutiny," said Christine Vanderlan, energy program associate with Environmental Advocates of New York. "Decisions about new power plants are choices that New Yorkers will live with for more than a generation. The Assembly bill is a step toward allowing municipalities and community groups to participate in the siting process with adequate time and resources for technical and legal support."

Assembly Bill A.11755-A:

• lowers the applicability of the Article X threshold to 30 megawatts;

• creates a public information coordinator position;

• requires that two ad hoc members of the siting board be local residents of the community or county appointed by local officials;

• makes intervenor funds available to municipalities and community groups during the pre-application phase and allows the funds to be used for legal fees;

• requires applicants to submit a study of back-up fuel storage, an environmental justice analysis, a study regarding anticipated emissions of fine particulates (PM2.5), a summary of water withdrawals and discharges, and a security plan; and

• requires utility companies to utilize a mix of energy resources, including energy efficiency and renewable fuel sources, to meet customer electricity demand.

The Assembly bill shifts the applicants' responsibility to examine both the need for the proposed plant and other feasible alternatives to the Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA). DEC must examine the cumulative impact of several plants within a specified geographical area. NYSERDA must assess, (1) the impact of the new plant on wholesale electricity markets, (2) the consistency of the proposed plant with the most recent state energy plan, and (3) the comparative advantages and disadvantages of alternative locations. The bill contains an exemption for the temporary operation of small portable electricity generators with a determination of emergency by the Governor.

A.11755-A includes provisions based on the actual experience with the sunsetting law. The bill includes clear language allowing for a shorter siting process for repowering projects, strengthening the similar provisions in current law, but maintains a more comprehensive review process for other new facilities.

"Simply extending the existing Article X law solves nobody's problems," Vanderlan said. "The Senate should pass the Assembly version of Article X reform, thereby recognizing the needs of everyone involved in the power plant siting process, including residents of the communities where the plants will be built."