Bill Text: NY S02935 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "just energy transition act"; requires a study of competitive options to facilitate the phase-out, replacement and redevelopment of New York state's oldest and most-polluting fossil fueled generation facilities and their sites by the year 2030.

Spectrum: Partisan Bill (Democrat 30-1)

Status: (Engrossed) 2024-03-27 - referred to energy [S02935 Detail]

Download: New_York-2023-S02935-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2935

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations

        AN  ACT relating to the development of a blueprint to guide the replace-
          ment and redevelopment of New York's oldest and most-polluting  fossil
          fuel facilities and their sites by 2030

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title.  This act shall be known and may be  cited  as
     2  the  "fossil  fuel  facilities  replacement  and redevelopment blueprint
     3  act".
     4    § 2. Legislative findings and statement of  purpose.  The  legislature
     5  hereby finds, determines and declares:
     6    (a)  New  York  state,  especially New York city, is reliant on fossil
     7  fuels for energy production, making the transition to renewable  sources
     8  for  the  downstate electricity system key to achieving the requirements
     9  of section 4 of the New York  state  climate  leadership  and  community
    10  protection  act, including that seventy percent of the state's electric-
    11  ity be from renewable energy sources by  the  year  2030  and  that  one
    12  hundred percent of the state's electricity be from zero-emission sources
    13  by  the year 2040. A particular challenge is the reliance on fossil fuel
    14  generation facilities that only operate when  electricity  demand  peaks
    15  above the average usage.
    16    (b)  New  York  state  is committed to the responsible replacement and
    17  redevelopment of its fossil fuel  power  plants  that  currently  ensure
    18  resource adequacy in the state, especially in locations where the health
    19  benefits to historically disadvantaged communities can be maximized, and
    20  where  the  cost  effective  phasing-out  of such facilities can be done
    21  while helping to ensure a just transition for the existing workforce.
    22    (c) A public policy purpose would be served and the interests  of  the
    23  people  of  the  state would be advanced by directing the New York state

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06171-02-3
        S. 2935                             2

     1  energy research and development  authority,  in  consultation  with  the
     2  department  of  public service and department of environmental conserva-
     3  tion, to develop a study of strategies to facilitate the replacement and
     4  redevelopment of New York's oldest and most-polluting fossil fuel facil-
     5  ities  and  their  sites by 2030, while ensuring resource adequacy, with
     6  renewable energy systems as defined in paragraph (b) of subdivision 1 of
     7  section 66-p of the public service  law,  energy  storage  systems,  and
     8  electricity transmission and distribution systems and equipment.
     9    (d)  It  is  the  intent  of  the  legislature in enacting this act to
    10  empower the New York state energy research  and  development  authority,
    11  department  of public service, and department of environmental conserva-
    12  tion, to develop a study as described  in  subdivision  (a)  of  section
    13  three of this act, and for those entities and the public service commis-
    14  sion,  and  any  other  agencies  or  authorities of the state as may be
    15  required, to commence any proceedings or other initiatives necessary  to
    16  carry out the strategies described therein.
    17    §  3.  The New York state energy research and development authority is
    18  authorized and directed to:
    19    (a) develop a study of competitive options  to  facilitate  the  phase
    20  out,  replacement and redevelopment of New York state's oldest and most-
    21  polluting fossil fuel facilities and their sites by the year 2030,  with
    22  renewable energy systems as defined in paragraph (b) of subdivision 1 of
    23  section  66-p  of  the  public  service law, energy storage systems, and
    24  electricity transmission and distribution systems and  equipment,  while
    25  ensuring  resource  adequacy  and  other  reliability services are main-
    26  tained, and to do so in  consultation  with  the  department  of  public
    27  service,  department  of  environmental  conservation, Long Island power
    28  authority, and  other  relevant  state  agencies  and  authorities  with
    29  subject  matter expertise, the federally designated electric bulk system
    30  operator, the New York State Reliability Council, and the owners of such
    31  facilities. The study should prioritize the replacement  and  redevelop-
    32  ment  of  such fossil fuel facilities with facilities that will directly
    33  assist in achieving the  energy,  environmental  justice  and  emissions
    34  reductions  requirements  of section 66-p of the public service law. The
    35  study shall include recommendations of standards and requirements that:
    36    (i) would significantly reduce the state's electricity system reliance
    37  on fossil fuels, taking into account the requirements and timing of  the
    38  state's emission reduction programs;
    39    (ii)  would  establish a competitive program to promote private sector
    40  investment in eligible technologies that the public  service  commission
    41  has    determined,  after  notice  and  provision for the opportunity to
    42  comment, ensure resource adequacy, while achieving the  requirements  of
    43  section 66-p of the public service law;
    44    (iii)  would provide significant environmental, health and other bene-
    45  fits to disadvantaged communities as such communities  will  be  defined
    46  under section 75-0111 of the environmental conservation law; and
    47    (iv)  would have significant potential for job creation and retention,
    48  economic development, and just transition opportunities  benefiting  New
    49  Yorkers and the state's workforce;
    50    (b)  provide   public   notice   of  the  study and an opportunity for
    51  public comment on the study of not less than sixty days and  conduct  at
    52  least  two    public  hearings  on  the study, with such public hearings
    53  offering  video participation and accessibility;
    54    (c) address public comments and  update  the  study,  as  appropriate,
    55  especially  to  ensure  resource  adequacy  and reliability services are
    56  maintained; and
        S. 2935                             3

     1    (d) deliver the study to the  governor,  temporary  president  of  the
     2  senate and speaker of the assembly within 180 days of the effective date
     3  of this section.
     4    §  4.  The  department  of public service, department of environmental
     5  conservation,  and  Long  Island  power  authority  are  authorized  and
     6  directed  to commence proceedings and stakeholder processes to establish
     7  programs and other initiatives necessary to carry  out  the  strategies,
     8  programs, standards, and requirements described in the study referred to
     9  in  section three of this act within 60 days of delivery of the study to
    10  the governor, temporary president of  the  senate  and  speaker  of  the
    11  assembly.
    12    § 5. The public service commission is authorized and directed to:
    13    (a) commence a proceeding to implement the strategies, programs, stan-
    14  dards,  and  requirements  described in the study referred to in section
    15  three of this act within 90 days of delivery of the study to the  gover-
    16  nor, temporary president of the senate and speaker of the assembly; and,
    17    (b)  issue  an  order  regarding  implementation  of  the  strategies,
    18  programs, standards, and requirements described in the study referred to
    19  in section three of this act, including but not limited to  any  compet-
    20  itive procurement processes, no later than July 30, 2024.
    21    §  6.  The  Long  Island power authority is authorized and directed to
    22  establish a program in its service territory consistent with the author-
    23  ization and direction of the public service commission in  section  five
    24  of this act, and the objectives of this act.
    25    § 7. This act shall take effect immediately.