Bill S5698A-2011

Relates to a proposed electric generating facility in the county of Suffolk

Relates to a proposed electric generating facility in the county of Suffolk.



  • Mar 2, 2012: PRINT NUMBER 5698A
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 20, 2011: referred to energy
  • Jun 20, 2011: PASSED SENATE
  • Jun 20, 2011: ORDERED TO THIRD READING CAL.1403


VOTE: COMMITTEE VOTE: - Local Government - May 23, 2012
Ayes (6): Martins, Ball, Little, McDonald, Ritchie, Klein
Ayes W/R (1): Stewart-Cousins
Nays (1): Oppenheimer



TITLE OF BILL: An act in relation to a proposed electric generating facility in the county of Suffolk; and providing for the repeal of such provisions upon expiration thereof

PURPOSE: This bill would encourage the development of a new or repowering electric generation project in the Village of Port Jefferson to replace existing, outdate and inefficient power facilities on a potentially contaminated property that would be restored with a modern, efficient power source.

SUMMARY OF PROVISIONS: Section 1 of the bill describes the tax plots on which an electric generation project could be sited. In addition, if such a site and proposed project meeting stated criteria qualifies as a qualified site pursuant to the State's Brownfield cleanup Project, such project would be deemed to be a manufacturing facility and would be placed in an environmental zone. For such a project to qualify as a manufacturing facility and be eligible for environmental zone designation, it would have to demonstrate an efficiency rating of at least forty-eight percent, be capable of producing at least 600 MW of power running at least 7,000 hours a year, achieve markedly improved emission controls compared to the site's existing generation facilities and the developer would have to safely remediate the site to State registry standards and remove the existing structures. In addition, the site would have to qualify for tax credits no later than March 31, 2016 and would have to be placed in service no later than March 31, 2019.

Section 2 would have the act take effect immediately and the act would be repealed on April 1, 2019.

JUSTIFICATION: This will would provide an incentive for the remediation of a Port Jefferson Brownfield and would also incent the development of a new, close to state of the art facility on the site to drastically improve the availability, cost and reliability of electric power for the businesses and residents in the surrounding areas of Suffolk County. The bill would provide an investor in the new facility a minimum of millions in refundable development credits, cover at least 25% of cleanup and infrastructure expenses and provide up to a full property tax or PILOT rebate from the State for 10 years, depending on how many full time positions were employed at the site. These taxes, generated from multiple times more valuable plants, would provide a significantly larger and more stable revenue base for the affected school district, village, town and county. A new facility would be significantly cleaner and more reliable and would provide much more power at cheaper production costs to the region for residents and businesses and allow for future growth in the area.


FISCAL IMPLICATIONS: Millions in State remediation and redevelopment tax credits over a five year period under current law, more than offset by a significant regional boost in State Personal Income, corporation, franchise, sales and energy specific taxes and other revenues.

LOCAL FISCAL IMPLICATIONS: Provide a stable base for local, village, county and school district revenues.

EFFECTIVE DATE: Immediately with a repeal of the act on April 1, 2019.


STATE OF NEW YORK ________________________________________________________________________ 5698--A 2011-2012 Regular Sessions IN SENATE June 10, 2011 ___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recom- mitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to a proposed electric generating facility in the county of Suffolk; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any other section of law or regulation, an electric generating facility proposed to be constructed on a site at all or a portion of tax map plots 206/007-01-001.1, 206/007-01-001.3, and 206/007-01-001.2 in the village of Port Jefferson in the county of Suffolk to which a certificate of completion has been issued pursuant to section 27-1419 of the environmental conservation law shall be deemed to be a site used primarily for manufacturing as that term is delimited in subparagraph (A) of paragraph (3-a) of subdivision (a) of section 21 of the tax law, and such site shall be considered in an environmental zone as described in subparagraph (A) of paragraph (6) of subdivision (b) of section 21 of the tax law and subparagraph (A) of paragraph (5) of subdivision (a) of section 22 of the tax law if such electric generating facility: 1. is designed and intended to operate at an electricity production efficiency level of at least forty-eight percent; 2. will be capable of producing at least 600 MW of electric generating capacity running at least 7000 hours per year; 3. will be able to achieve a 2 parts per million limit for nitrous oxide emissions using Lowest Achievable Emission Rate technologies;
4. will utilize Lowest Achievable Emission Rate technologies if feasi- ble, or, at a minimum, Best Available Control Technologies for carbon monoxide and sulfur dioxide emission levels; 5. will safely demolish and remove from the site the existing two operating 175 MW generators currently operating on the site and the two 40 megawatt generators that are decommissioned at the site, and the two 79 megawatt peaking units on the site must either be safely demolished and removed from the site or will only be operated under conditions determined to meet the criteria of an energy emergency as declared by the New York independent system operator; 6. will have been issued such certificate of completion no later than March 31, 2016; and, 7. will place in service the new electric generating facilities no later than March 31, 2019. S 2. This act shall take effect immediately and shall expire and be deemed repealed on April 1, 2019.


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