Power plant law will tighten up scrutiny of building plans.

Governor George E. Pataki announced that he has submitted new Article X legislation that will improve the review and siting process for electric generating facilities in the State and reauthorize a state-wide energy planning process to ensure an adequate, reliable and affordable supply of energy to meet New York's growing energy needs.

"This comprehensive legislation refines and improves the expired Article X law to ensure that proposed plants undergo a thorough review, with extensive public input, in a timely manner," said Pataki.

The legislation was drafted with input from the energy industry and environmental organizations, and presents a comprehensive solution to concerns raised by both the Senate and Assembly.

The bill provides a new review procedure for non-major power plants and re-powering projects with a net generating output of 50-80 megawatts (MW), including ample opportunities for public comment, intervenor funding, a public statement hearing and evidentiary hearings. The process would be completed within a six-month time frame.

Because the bill would set a limit of six months for the review of non-major facilities capable of meeting peak electric demands in the short term, there are no provisions for "emergency" exceptions. Consistent with the previous provisions of Article X, all new plants and re-powering projects with a net generating output greater than 80 megawatts would be subject to a 12-month review.

The legislation also would establish a new pre-application fee of $50,000 for major projects (80 MW or greater) to be available to intervenors, and a fee of $20,000 for non-major facilities or repowering projects that would increase the net generation by less than 80 MW. If a project application is amended in a manner requiring additional substantial public review and scrutiny, the New York State Board on Electric Generation Siting and the Environment (Siting Board), which oversees the Article X process, would be authorized to impose additional fees to defray intervenors' costs. Additional intervenor funding would be provided at $500 per new megawatt for non-major and re-powering projects and at $1,000 per new megawatt for major projects.

In addition, the Siting Board would be required to determine the environmental justice impacts of projects and conduct a detailed public health and safety review, including assessments of environmental and health impacts.

The cumulative air impacts of all operating power plant facilities, along with the addition of the proposed plant, would be considered by the Board, with emphasis on areas in non-attainment with federal air quality standards.