ENERGY COMMITTEE END OF SESSION LEGISLATIONStaff Contact: Ken Pokalsky
Below is a break down of a number of bills pertaining to Energy. This week is the last scheduled week of session however, many of the issue below may be taken up or passed by either the Assembly and/or Senate before the Legislature adjourns. If any members have specific concerns regarding these issue please contact Johnny Evers as soon as possible. Memos in support or opposition are posted on The Business Council's web site and the Energy Page at www.bcnys.org
Governor Pataki released his program bill for renewal of the Article X power plant siting law. In it he proposed retaining certain aspects of the expired law while making some key changes. Governor Pataki, the Senate, and the Assembly are each championing different approaches to replacing Article X of the state's Public Service Law, which governed how the state sites proposed new power plants until it expired last December. Because there are significant differences between these approaches, prospects for a resolution this year are uncertain at best. The Senate has supported a simple extension of the expired law (S.1353). The Assembly has proposed a bill (A.6248) with many features advocated by environmentalists, including: a 30-megawatt threshold, much higher requirements for intervener funding, and stringent new emission control technology.
Governor Pataki's bill would:
- Keep at 80 megawatts the threshold at or above which plants would be required to go through the plant-siting process. Environmental groups want to lower this threshold, which would further slow New York's already cumbersome plant-siting process.
- Raise, from $300,000 to approximately $550,000, the maximum costs that companies proposing plants could be forced to funnel to "interveners" -- community groups that want to weigh-in supporting or opposing the proposal.
- Retain the ability to fast-track plant siting in some cases-for example, when the project would have specified environmental benefits.
- Require detailed security plans for proposed new plants.
- Provide a new environmental justice process for reviewing implications for community groups that wish to argue for or against the proposed plant.
The Council supports a new plant-siting law with reforms to accelerate the process of siting and building plants New York needs to meet electricity needs, foster competition to drive prices down, and ensure continued reliability. As a stopgap, The Council issued a memo last fall supporting extending the previous law.
On June 16, the Senate released another Article X bill - S.5602 (Wright). S. 5602 is very similar to the Governor's bill except that it has omitted some provisions such as references to Environmental Justice, deletes the wind exemption, caps intervener funding at $300,000, maintains the $50,000 in upfront intervener funding but includes it in the cap, and makes reference to "environmental impacts" rather than "environmental and health" impacts. The bill also renews Article 6 of the State Energy Law governing the State Energy Plan (SEP).
Also, S. 5598 (Parker) was introduced last night. This Article X bill would extend the expired Article X siting law until 2005 and establish a legislative task force to examine the law.
Following is a list of bills that we are actively following as the legislative session comes into its last few weeks.
A.8951 (Tonko) / S.5497 (Wright) Establishes standards for certain appliances. Energy Efficiency Standards Act of 2003. Assembly Energy; Senate Rules.
S.406 (Velella) / A.7895 (John) "Utility Whislteblower"; Relating to Enacting the "Public Utility Truth in Reporting and Worker Protection Act" providing penalties for false statements or information to PSC and prohibits retaliation. Senate Rules; Assembly Codes.
S.4975-A (Marcellino) / A.5930-A (Brodsky) Provides for the phase-out over six months of the use of creosote as a wood preservative, prohibits its combustion, and regulates its disposal. Senate Third Reading; Assembly Rules.
A.6950-B (Grannis) / S.3003-B (Marcellino) Enacts the healthy, safe and energy efficient outdoor lighting act to reduce harmful outdoor lighting. Assembly Third Reading; Senate Rules.
A.200-A (Cahill) / S.2692-A (Libous) Relating to enacting the "Electric and Gas Customer Service Improvement Act of 2003" Assembly Ways & Means; Senate Energy.
A.3102 (Gianaris) / S.667 (Padavan) Relating to requiring the director of public security to create and implement security measures for power generating and transmitting facilities. Assembly Rules; Senate Energy.
A.1961 (Levy) / No Senate Companion. Relating to requiring the public service commission to review compensation paid to certain high level policy making employees of gas or electric corporations. Passed Assembly.
A.5933 (Brodsky) / No Senate Companion. Directs the dept. of environmental conservation to implement air pollution standards for power plants re: nitrogen oxide, sulfur dioxide, carbon dioxide and mercury. Passed Assembly.
S.3078 (Wright) / A.7201 (Galef) Designates certain security personnel or employees of nuclear powered electric generating facilities. Passed Senate; Assembly Codes.
S.4890 (Wright) / A.8429 (Englebright) "Wind Net Metering"; Provides for electric corporations to interconnect to residential wind electric generating equipment and net energy metering. Senate Third Reading; Assembly Energy.
S.3055 (Wright) / A.4245 (Englebright) "Wind Net Metering"; Includes wind and hybrid-wind-solar electric generating equipment within provisions relating to net metering for solar, wind and farm waste generating systems. Senate Energy; Passed Assembly.
S.2301 (DeFranscico) / A.2546 (Tonko) Requires response by gas and electric corporations to customer requests concerning safety within its gas and electric service. Senate Third Reading; Assembly Third Reading.
A.8852 (Tonko) Relating to liquefied natural petroleum; repealer. Assembly Codes.
A.8398 (Tonko) / S.4974 (Nozzolio) "Below Cost Sales"; Enacts the New York motor fuel marketing practices act. Assembly Rules; Senate Consumer Protection.
S.4428-A / A.8589 (Abbate) "Petroleum Retail Divorcement"; Establishes the minimum distance in which a refiner may operate a retail service station. Senate Third Reading; Assembly Rules.