• New York State Department of Environmental Conservation Proposes Article X Regulations
  • February 14, 2012 | Authors: Danielle Mettler; Thomas Paul
  • Law Firms: Hiscock & Barclay, LLP - Rochester Office ; Hiscock & Barclay, LLP - Syracuse Office
  • On January 15, 2012, the New York State Department of Environmental Conservation (“NYSDEC” ) proposed two new regulations for implementation of Article X of the New York Public Service Law, which was renewed, revised and signed into law on June 23, 2011 and governs the siting of Major Electric Generating Facilities (see Hiscock & Barclay Legal Alert “New York State Power Plant Siting Bill Renewed,” June 2011). Article X requires NYSDEC to develop an environmental justice analysis rule and a carbon dioxide emissions performance standard by June 23, 2012. As such, NYSDEC proposed the following rules: (1) Part 251, CO2 Performance Standards for Major Electric Generating Facilities; and (2) Part 487, Analyzing Environmental Justice Issues in Siting of Major Electric Generating Facilities Pursuant to Public Service Law Article 10.