A8553 — Relates to modifications, suspensions, revocations, and renewals of permits under the air quality control program

Summary

Enacts provisions relating to modifications, suspensions, revocations, and renewals under the air quality control program; provides for expiration of any permit which has no expiration and has been in effect for five years; provides renewal periods shall not be longer than five years.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 70-0115 of the environmental conservation law.

• Section 70-0115 of the environmental conservation law

  3. The following provisions shall apply to any permit required by the state air quality control program pursuant to title three or five of article nineteen of this chapter relating to air pollution and air contamination and any related enforcement activities. The provisions of this subdivision shall not apply to any registration issued to a facili- ty under article nineteen of this chapter pursuant to regulations by reason of (i) having annual emissions that are less than half of the level that would subject it to permitting under section 19-0311 of this chapter, (ii) not requiring the use of permit conditions to limit emis- sions below the thresholds that would otherwise make it subject to state or federal standards as determined by the department pursuant to regu- lation, and (iii) having emissions of high toxicity air contaminants that do not equal or exceed the applicable thresholds for permitting as set forth in regulations by the department: (a) Any permit which does not expire pursuant to its terms and which has been in effect for more than five years shall expire on the date which is two years after the effective date of this subdivision, and any renewal thereof shall include an expiration date which is no later than five years after the expiration contemplated by this subdivision, unless another period for expiration of ten years or less is applicable under this chapter. italics (b) The provisions of this paragraph shall apply only to permits for air pollution sources subject to Title V of the federal Clean Air Act regulated under section 19-0311 of this chapter. With respect to a permit that has been extended pursuant to subdivision two of section four hundred one of the state administrative procedure act by reason of the applicant making a timely and sufficient application: (i) If the department does not make a final determination on such application within twenty-four months of the later of the effective date of this subdivision or the date the application is received, the permit holder shall, within ninety days of such date, pay an amount equal to the annual fees owed by such permit holder pursuant to section 72-0303 of this chapter to the air quality improvement fund as established in section ninety-nine-rr of the state finance law; provided, however, that notwithstanding any provision of such section to the contrary, expendi- tures from such fund for such amount shall be limited to spending that directly benefits communities which are directly affected by air pollution from the facility. (ii) If the department has not made a final determination on such application within thirty-six months of the later of the effective date of this subdivision or the date the application is received, such permit shall automatically be suspended and the application shall automatically be denied. (iii) A suspension pursuant to subparagraph (ii) of this paragraph shall not take effect for a period of two years if (A) there is a deter- mination by the federally designated bulk system operator, the local transmission/distribution owner, or the New York state public service commission that such suspension would compromise energy reliability and (B) a permanent solution to resolve the energy reliability constraint has been selected by the federally designated bulk system operator, the transmission/distribution owner, or the New York state public service commission, and that solution is in the process of permitting or construction but not yet online. (iv) The two-year period of delay specified by subparagraph (iii) of this paragraph shall terminate and the permit shall be automatically suspended pursuant to subparagraph (ii) of this paragraph if either (A) the determination made pursuant to clause (A) of subparagraph (iii) of this paragraph is rescinded or (B) a permanent solution to such energy reliability constraint has been identified by the federally designated bulk system operator, the local transmission/distribution owner, or the N

  amended

Action History

1. January 07, 2026

   REFERRED TO ENVIRONMENTAL CONSERVATION

2. May 20, 2025

   REFERRED TO ENVIRONMENTAL CONSERVATION

Sponsors

• Jordan Wright · Primary

Subjects