[HISTORY: Adopted by the Suffolk County Legislature 6-26-2001 by L.L. No.
11-2001 (Ch. 235 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
A.
This Legislature hereby finds and determines that the growing economy
and the use of new electrical devices by Suffolk County customers
has dramatically driven up demand for electricity, potentially beyond
the availability of our current power supply; that, without comparable
increases in power generation to meet the demand or increased emphasis
on energy conservation, the County will face brownouts and blackouts
as well as price spikes; and that energy experts have recommended
several measures to address the potential power crisis, including
the construction of new generating plants.
B.
This Legislature further finds and determines that these concerns
are occurring while the utility industry is being deregulated, e.g.,
in April 1996, the Federal Energy Regulatory Commission (FERC) ordered
utilities that own, control or operate facilities used for transmitting
electric power to let other companies buy and sell power over their
distribution systems, and in May 1996, the New York State Public Service
Commission (PSC) issued an initial restructuring plan that permitted
competition for the production and sale of electricity to begin in
1998, except in Suffolk County. As a result, the production and sale
of electricity is beginning to open to competition so that customers
can decide from which company they will purchase electricity.
C.
This Legislature further determines that deregulation of the industry
and the high market demand for electricity by County consumers has
resulted in a surge of entities applying for permits to build new
generating plants within the County or to expand the output of existing
ones, the proposed construction of which raises environmental concerns.
D.
This Legislature also determines that many of the applicants seeking
to run the proposed plants will continue to operate older, less efficient,
less environmentally sound plants in tandem with newer, more efficient,
less polluting plants; that the cumulative impact of emissions from
the clustering of plants is unknown; and that the amount of harmful
emissions which new power plants will emit, in particular, the impact
of emissions such as carbon dioxide (CO2),
responsible for such environmental hazards as global warming is of
concern.
E.
This Legislature finds that companies proposing the construction
of new power plants or increased generation make numerous assurances
that new technologies will be utilized for new power plants, which
will not only increase overall efficiency but will also reduce harmful
emissions, even though many of these companies intend to continue
to utilize older, less efficient polluting facilities.
F.
This Legislature also determines that the need for expanding energy
sources requires the implementation of a strategy that takes into
account the protection of the environment as well as energy needs.
G.
This Legislature finds that over time, CO2 emission rates will decrease, as more efficient power plants are
installed and older power plants incorporate more efficient processes
for generating greater levels of electricity without increasing the
use of fossil fuels, the end result of which will be a cleaner, healthier
environment for the County's citizens, without a sacrifice in
energy demands.
H.
Therefore, the purpose of this chapter is to encourage owners of
existing power plants and steam-generating facilities, as well as
newcomers to the Suffolk County electric- and steam-generating power
industry, to maximize efficiency by incorporating technological advances
in energy production that increase electricity generation but do not
require an increase in fossil fuel consumption, and, thus, do not
increase carbon dioxide emissions, through the establishment of a
rate of allowable carbon dioxide emissions per megawatt-hour, or equivalent
megawatt-hour of generated electricity, for all power plants and steam-generating
units located in the County to protect the health, safety and well-being
of Suffolk County residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Any fossil-fuel-fired combustion unit or a combination of
units at a single facility located in the County of Suffolk with a
single or aggregate nameplate capacity of more than 25 megawatts that
serves as a generator which produces electricity for use or sale.
Any fossil-fuel-fired combustion unit or a combination of
units at a single facility located in the County of Suffolk that produces
steam for sale.
A.
The provisions of this section shall apply to every electric-generating
unit and steam-generating unit located within the County of Suffolk.
B.
Notwithstanding any other provision of law, the County Department
of Health Services, Division of Environmental Quality (Division),
shall develop standards for reductions in emissions of carbon dioxide
by electric-generating units and steam-generating units in accordance
with the provisions of this section. The Division shall promulgate
rules, including, but not limited to, a quarterly reporting requirement,
no later than October 1, 2001, in relation to reducing such emissions
of carbon dioxide. The Division shall require all electric-generating
units and steam-generating units to comply with an emission standard
expressed in pounds of carbon dioxide emitted per megawatt-hour of
electricity generated as follows:
(1)
No later than March 1, 2002, the Division shall set an emissions
rate for carbon dioxide emissions for all electric-generating units
and steam-generating units at a level that is no greater than 1,800
pounds of carbon dioxide per gross megawatt-hour (MWh) or equivalent
MWh of electricity generated. "Equivalent MWh" is defined as 100%
of the gross electrical energy produced by a unit plus 1/2 the gross
useful thermal output energy of the unit converted to MWh according
to the following equation: total gross MWh + (0.5) * (gross thermal
output mmBtu)/(3.413 mmBtu/MWh) = equivalent MWh. On March
1, 2002, and every March 1 thereafter, the allowable Countywide emissions
rate for carbon dioxide shall be reduced by 1% for every 100 megawatts
of electric-generating capacity installed within the County of Suffolk
during the previous year until such time as the allowable emissions
rate for carbon dioxide has been reduced by 20%. Any new capacity
above the baseline emission rate shall be excluded for the purpose
of setting a lower emission rate. However, all new electric-generating
capacity shall be required to meet the lower emission rate. Generating
facilities that could normally comply through a strategy of burning
natural gas fuel shall not be subject to noncompliance enforcement
for MWh's produced when they are compelled by established electric
system reliability rules to burn fuel oil. Such enforcement relief
shall not exceed 5% of the total gross MWh's generated by the
facilities located in Suffolk County.
(2)
The Division shall establish a carbon dioxide emissions credit trading
mechanism to be approved by the Suffolk County Legislature and allow
the operators of all electric-generating units and steam-generating
units subject to this chapter to achieve compliance through the purchase
of carbon dioxide emission credits through established national carbon
dioxide trading markets or by acquiring the equivalent value of such
carbon dioxide credits by investments it, or the electric distribution
company to which it sells energy, makes in energy conservation, energy
efficiency or research and development of alternative energy sources,
including, but not limited to, solar, wind, fuel cells and other strategies
that reduce carbon dioxide emissions. In addition, after approval
by the Suffolk County Legislature via duly enacted resolution of the
County of Suffolk, the Division may allow the operators of electric-generating
units and steam-generating units (or the electric distribution company
to which it sells energy) subject to this section to achieve compliance
through donation of penalties to community environmental organizations
for implementation of strategies that reduce carbon dioxide emissions
in Suffolk County. Credit shall be allowed for equivalent energy reductions
made through investments since 2000.
(3)
The emission standards for carbon dioxide required by this section
shall not be construed to supersede more stringent emission standards,
limitations and/or practices that are applicable to electric-generating
units on the effective date of this chapter or which may become applicable
after such effective date.
A.
Operators of electric-generating units or steam-generating units who fail to meet the obligations and requirements of § 357-3 of this chapter shall be subject to civil fines after a due process hearing conducted in accordance with §§ 760-202 through 760-223 of the Suffolk County Sanitary Code as follows:
(1)
An amount equal to $2 for each ton of carbon dioxide emissions in
the first year above the requirements set forth in this chapter.
(2)
An additional $1 for each ton of carbon dioxide emissions above the
requirements set forth in this chapter shall be imposed for each consecutive
year thereafter that the electric-generating unit or steam-generating
unit fails to meet its obligations pursuant to the requirements of
this chapter.
B.
Such amounts shall be collected by the appropriate agency designated
by the Division.
C.
The Division shall submit an annual report (March 31 of each year)
to the County Executive, the County Legislature and the County Comptroller
regarding the amount of fines collected pursuant to this section.
This chapter shall apply to actions occurring on or after the effective date in accordance with the phased-in schedule set forth in § 357-3 of this chapter.
This chapter shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating national or
statewide carbon dioxide mitigation goals for generating facilities,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Suffolk. The County Legislature may determine via mere resolution
whether or not federal or statewide legislation or rules or regulations
have been enacted for the purposes of triggering the provisions of
this section.
