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.