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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2935--B
            Cal. No. 237

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 25, 2023
                                       ___________

        Introduced by Sens. PARKER, GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL,
          MYRIE,  RAMOS,  SEPULVEDA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations  --  reported  favorably from said committee, ordered to first
          and second report, ordered to a third  reading,  amended  and  ordered
          reprinted,  retaining its place in the order of third reading -- again
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading

        AN ACT enacting the "just energy transition act"

          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 "just energy transition act".
     3    §  2.  Legislative  findings and statement of purpose. The legislature
     4  hereby finds, determines and declares:
     5    (a) New York state, especially New York city,  is  reliant  on  fossil
     6  fuels  for energy production, making the transition to renewable sources
     7  for the downstate electricity system key to achieving  the  requirements
     8  of  section  4  of  the  New York state climate leadership and community
     9  protection act, including that seventy percent of the state's  electric-
    10  ity  be  from  renewable  energy  sources  by the year 2030 and that one
    11  hundred percent of the state's electricity be from zero-emission sources
    12  by the year 2040.
    13    (b) New York state is committed to  the  responsible  replacement  and
    14  redevelopment  of its fossil fueled generation facilities that currently
    15  ensure resource adequacy in the state, especially in locations where the
    16  health benefits to historically disadvantaged communities can  be  maxi-
    17  mized,  and  where the cost effective phasing-out of such facilities can
    18  be done while helping to ensure a just transition for the existing work-
    19  force.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06171-06-3
        S. 2935--B                          2

     1    (c) A public policy purpose would be served and the interests  of  the
     2  people  of  the  state would be advanced by directing the New York state
     3  energy research and development  authority,  in  consultation  with  the
     4  department of public service and the department of environmental conser-
     5  vation,  to  continue the development of the study commenced in 2022, as
     6  referenced in the climate action council scoping plan of  strategies  to
     7  facilitate  the  replacement  and redevelopment of New York's oldest and
     8  most-polluting fossil fueled generation facilities and  their  sites  by
     9  2030, while ensuring resource adequacy, with renewable energy systems as
    10  defined  in paragraph (b) of subdivision 1 of section 66-p of the public
    11  service law, energy storage systems, and  electricity  transmission  and
    12  distribution systems and equipment.
    13    (d)  It  is  the  intent  of  the  legislature in enacting this act to
    14  empower the New York state energy research  and  development  authority,
    15  department  of public service, and department of environmental conserva-
    16  tion, to develop a study as described  in  the  climate  action  council
    17  scoping  plan  and  paragraph  (c)  of  section three of this act in the
    18  manner authorized and directed herein, and for those  entities  and  the
    19  public  service commission, and any other agencies or authorities of the
    20  state as may be required, to commence any proceedings  or  other  initi-
    21  atives necessary to carry out the strategies described therein.
    22    §  3.  The New York state energy research and development authority is
    23  authorized and directed to:
    24    (a) develop a study of competitive options to  facilitate  the  phase-
    25  out,  replacement and redevelopment of New York state's oldest and most-
    26  polluting fossil fueled generation facilities and  their  sites  by  the
    27  year   2030,  with  renewable  generation  options  that  include  those
    28  described in the scoping plan issued by the climate action council under
    29  section 75-0103 of the environmental conservation law, renewable  energy
    30  systems  as defined in paragraph (b) of subdivision 1 of section 66-p of
    31  the public service law, energy storage systems, and  electricity  trans-
    32  mission  and distribution systems and equipment, while ensuring resource
    33  adequacy and other reliability services are maintained, and to do so  in
    34  consultation  with  the  department of public service, the department of
    35  environmental conservation, Long Island power authority, and other rele-
    36  vant state agencies and authorities with subject matter  expertise,  the
    37  federally  designated  electric bulk system operator, the New York State
    38  Reliability Council, and the owners of such facilities. The study should
    39  prioritize the replacement  and  redevelopment  of  such  fossil  fueled
    40  generation  facilities  with  facilities  that  will  directly assist in
    41  achieving the energy, environmental  justice  and  emissions  reductions
    42  requirements  of section 66-p of the public service law. The study shall
    43  address the phase-out of at least four gigawatts of fossil fueled gener-
    44  ation statewide capacity in total and prioritize those  facilities  that
    45  only  operate when electricity usage is highest. The study shall include
    46  recommendations of standards and requirements that:
    47    (i) significantly reduce the state's electricity  system  reliance  on
    48  fossil  fuels,  taking  into  account the requirements and timing of the
    49  state's emission reduction programs;
    50    (ii) establish a competitive program to promote private sector invest-
    51  ment in eligible technologies that the  public  service  commission  has
    52  determined,  after  notice and provision for the opportunity to comment,
    53  ensure resource adequacy, while achieving the  requirements  of  section
    54  66-p of the public service law;
        S. 2935--B                          3

     1    (iii)  provide significant environmental, health and other benefits to
     2  disadvantaged communities as such  communities  will  be  defined  under
     3  section 75-0111 of the environmental conservation law; and
     4    (iv)  have  significant  potential  for  job  creation  and retention,
     5  economic development, and just transition opportunities  benefiting  New
     6  Yorkers  and  the  state's  workforce,  as described in the scoping plan
     7  issued by the climate action council under section 75-0103 of the  envi-
     8  ronmental conservation law; and
     9    (v)  ensure  the  availability of assistance under the electric gener-
    10  ation facility cessation mitigation fund established  in  section  1  of
    11  part BB of chapter 58 of the laws of 2016 to any local government entity
    12  impacted  by  the  replacement and redevelopment of fossil fueled gener-
    13  ation facilities under this section;
    14    (b) provide  public  notice  of  the  study, and ensure the results of
    15  the study are made easily accessible to members of disadvantaged  commu-
    16  nities,  as defined in section 75-0101 of the environmental conservation
    17  law, and provide an opportunity for public comment on the study  of  not
    18  less  than  sixty  days and conduct at least two  public hearings on the
    19  study, of which at least one shall be held in disadvantage  communities,
    20  as defined in section 75-0101 of the environmental conservation law with
    21  such public hearings offering  video participation and accessibility;
    22    (c)  address  public  comments  and  update the study, as appropriate,
    23  especially to ensure resource  adequacy  and  reliability  services  are
    24  maintained; and
    25    (d)  deliver  the  study  to  the governor, temporary president of the
    26  senate and speaker of the assembly within 180 days of the effective date
    27  of this section.
    28    § 4. The department of public service, the department of environmental
    29  conservation, and Long Island power authority shall commence proceedings
    30  and stakeholder processes to establish programs  and  other  initiatives
    31  necessary to carry out the strategies, programs, standards, and require-
    32  ments  described  in  the study referred to in section three of this act
    33  within 60 days of delivery of the study to the governor, temporary pres-
    34  ident of the senate and speaker of the assembly.
    35    § 5. The public service commission shall:
    36    (a) commence a proceeding to implement the strategies, programs, stan-
    37  dards, and requirements described in the study referred  to  in  section
    38  three  of this act within 90 days of delivery of the study to the gover-
    39  nor, temporary president of the senate and speaker of the assembly; and
    40    (b)  issue  an  order  regarding  implementation  of  the  strategies,
    41  programs, standards, and requirements described in the study referred to
    42  in  section  three  of  this act no later than July 30, 2024. Such order
    43  shall at a minimum:
    44    (i) direct the New York state energy research and development authori-
    45  ty to implement a competitive award process to facilitate  the  replace-
    46  ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
    47  generation facilities statewide while maintaining reliability consistent
    48  with the recommendations of the study pursuant to section three of  this
    49  act,  and  that as part of such competitive award process, consideration
    50  shall be given to security of offtake with  respect  to  generation  and
    51  transmission; and
    52    (ii)  direct  that  with  respect  to  the  competitive  award process
    53  required, the only eligible electricity  generation  from  hydroelectric
    54  facilities  shall  be electricity that is generated from non-state-owned
    55  low impact run-of-river facilities located in the state that  provide  a
    56  year-round electricity capacity resource.
        S. 2935--B                          4

     1    §  6.  The  Long  Island  power authority shall establish a program or
     2  programs in its service territory consistent with the recommendation  of
     3  the  study  conducted  pursuant  to  section  three  of  this  act,  the
     4  provisions of section five of this act, and the objectives of this act.
     5    § 7. This act shall take effect immediately.