S.8394 - Major Electric Generating Facilities Siting and Emissions Standards

• Establishes a New York State Board on Electric Generation Siting and the Environment with seven members to review and approve certificates for electric generating facilities with capacity of 20,000 kilowatts or more.

• Creates a pre-application and application process requiring applicants to file preliminary scoping statements and comprehensive applications, with public notice and participation opportunities in multiple languages.

• Establishes an intervenor account funded by application fees ($250-$1,000 per kilowatt) to provide expert witness, consultant, and legal funding for municipalities and affected parties participating in certification proceedings.

• Requires the Board to complete all proceedings within 12 months (extendable by 6 months) and make final decisions based on energy needs, environmental impacts, public health, alternatives analysis, and consistency with the State Energy Plan.

• Sets emissions performance standards for new major electric generating facilities: nitrogen oxide limits of 1.3 pounds per megawatt hour, sulfur dioxide limitations, mercury emissions caps of 2.5 pounds per megawatt hour, and a permanent statewide carbon dioxide emissions cap beginning at 64,310,805 short tons with 2.5% annual reductions starting January 1, 2015.

• Expires December 31, 2020.