Bill Summary: A11582

• Establishes a new Board on Electric Generation Siting and the Environment with seven members to review and certify major electric generating facilities of 20,000 kilowatts or more, with a certificate required before construction can commence.

• Creates pre-application and application procedures requiring detailed environmental and health impact studies, with applicant fees ($250/kilowatt for pre-application, max $100,000; $1,000/kilowatt for application, max $400,000) deposited into an Intervenor Account to fund municipal and community participation.

• Sets mandatory timelines for Board decisions (12 months from application compliance determination, extendable by up to 6 months), with judicial review limited to the Appellate Division and grounds restricted to constitutional compliance, substantial evidence support, and procedural adherence.

• Requires the Board to find that proposed facilities satisfy electric capacity needs, minimize environmental impacts, meet air and water quality standards, and do not disproportionately burden communities with existing pollution before granting certification.

• Establishes emissions performance standards for new major electric generating facilities: nitrogen oxide limits of 1.3 pounds per megawatt hour, sulfur dioxide restrictions, mercury emissions capped at 2.5 pounds per megawatt hour, and a permanent statewide carbon dioxide cap of 64,310,805 short tons (reduced 2.5% annually starting 2015).

• Expires December 31, 2020 unless extended.