In December Neil Curri, Chairman of the Lloyd Environmental Conservation Council [ECC], warned the Town Board about the dangers posed by small natural gas fired “peaker” power plants. They are designed to provide additional electricity to the local power grid during high demand periods, specifically in summer heat waves. He urged the Town Board to enact a temporary moratorium on these plants in Lloyd.

Curri said these types of plants are being considered for the Hudson Valley because, “aging transmission infrastructure prevents excessive power generated farther upstate from being provided to downstate markets.” He said the Federal Energy Regulatory Commission has directed the New York Independent System Operator [NYISO] to make sure that electrical capacity is always available during peak demand times. To meet this demand the NYISO has included the Hudson Valley within New York City and its northern suburbs, as part of a newly-created G capacity zone. Incentives are being offered to developers to build additional plants in the Hudson Valley because of higher construction in New York City as well as their limited availability of suitable properties.

Curri pointed out that because New York City and its northern suburbs are in “non-attainment zones” for ozone, newer sources of air pollution from power plants would be less stringently regulated in the Mid Hudson region. In environmental law, a non-attainment area is a region considered to have air quality worse than the National Ambient Air Quality Standards as defined in the Clean Air Act Amendments of 1970.

“Not only is it cheaper to build and operate peaker plants in the mid-Hudson, where it isn’t needed,” Curri said, “plant operators are paid to be available during peak demand periods even if they are not generating any electricity. Lloyd residents would bear all of the potential negative impacts of a peaker power plant, but would not benefit from the electricity produced.”

Curri said these plants produce nitrogen oxide [NOx] that results in smog and acid rain and forms fine particles and ground level ozone that adversely impacts human health.

Curri said these plants require 80 ft high stacks that have a negative visual impact, as well as its associated plume, upon the community.

Previously, former Chairman of the Planning Board Peter Brooks, pointed out that the town does not have clear zoning statutes that cover these types of plants, leaving the town, “kind of bare-naked.”

Curri also noted that 20 megawatt peaker plants are not subject to NYS guidance on the siting, construction and operation of major electrical facilities but instead, that is left to the local municipalities, many of which are, “unequipped to provide an informed review of these facilities.”

Curri said during a moratorium the town would have time to write regulations into the code and decide, “if and how such plants should be sited, where they should go and under what conditions.” He added that the state has allowed municipalities to exclude these peaker plants, “if in doing so is a reasonable exercise of its police powers to protect the health, safety and welfare of the community as a whole.” Curri noted that the ECC does not believe that fossil fuel plants, “are consistent with Lloyd’s community character,” and recommended that the town prohibit them. He said if the town decides not to ban these plants, they should clearly define what type and size of electrical plants they would allow and permit them only in zones away from residences and natural resources.

In addition, restrictions should be placed on traffic, noise and pollution, be granted only by a special use permit, define minimum lot size and percent coverage and ensure there is a decommissioning plan in place and enforce it if needed.

Curri told the board that in recent years four such gas-fired plants have been proposed in Hudson Valley communities - in Ulster, Newburgh, Dover and Waywayanda - with more likely in the future. He said besides the financial incentives for developers to build in the valley, he reiterated that fact that these plant are producing electricity for the New York City metropolitan area and not for Hudson Valley residents. He ended by urging the town to pass a moratorium and then enact code restrictions that prohibit these plants from being built in the Town of Lloyd.

Following a public hearing on January 16, the Town Board is expected to pass a 6 month Moratorium[with extensions possible] to prevent, “a race by those seeking to obtain approvals and construct, install, or use fossil fuel power plants before the new plan and regulations are in place. This local law will protect the public interest and welfare until updates and revisions to the Town’s Zoning Code are adopted.”