Bill Text: NY S01695 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to eliminating coal burning and coal use; provides that after December 31, 2024, the burning of coal is prohibited in a number of instances; provides certain exemptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01695 Detail]

Download: New_York-2023-S01695-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1695

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 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  to amend the public service law and the environmental conserva-
          tion law, in relation to eliminating coal burning and coal use

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

     1    Section  1.  The public service law is amended by adding a new section
     2  66-u to read as follows:
     3    § 66-u. Coal burn and use prohibited. 1. The commission is  authorized
     4  and  directed  to  develop  rules  and plans for the elimination of coal
     5  burning and coal use which shall  include  requirements  that  beginning
     6  after  December  thirty-first,  two thousand twenty-four, the commission
     7  shall not:
     8    (a) approve any new or renewed power purchase agreement that  proposes
     9  to burn or consume coal to generate electricity; or
    10    (b)  issue  or  renew any permit to an owner or operator of a facility
    11  which will burn or consume coal to generate electricity.
    12    2. The burning of coal may be authorized where it is necessary  for  a
    13  manufacturing  use  or purpose, in chemical products, for pharmaceutical
    14  purposes, for agricultural purposes, in chemical products,  for  pharma-
    15  ceutical  purposes, for agricultural purposes, or for the operation of a
    16  laboratory, crematorium, commercial kitchen, or where used for reliabil-
    17  ity, emergency, back-up fuel or standby power, or other use  allowed  by
    18  rule  of  the  commission, to the extent necessary for, and in the space
    19  occupied by such use or purpose.
    20    3. Notwithstanding the provisions set forth in subdivision two of this
    21  section, no facility shall be approved where the commission  finds  that
    22  there  will  be  significant, adverse and disproportionate environmental
    23  impacts to disadvantaged communities resulting from the construction  or
    24  operation of a facility.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05728-01-3
        S. 1695                             2

     1    §  2. Section 19-0311 of the environmental conservation law is amended
     2  by adding a new subdivision 6 to read as follows:
     3    6.  a. Beginning after December thirty-first, two thousand twenty-four
     4  the department shall not issue or renew certificates for any major  coal
     5  burning electric generating facility.
     6    b.  The  burning  of coal may be permitted where it is necessary for a
     7  manufacturing use or purpose, in chemical products,  for  pharmaceutical
     8  purposes, for agricultural purposes, or for the operation of a laborato-
     9  ry,  crematorium,  commercial  kitchen,  or  where  used for reliability
    10  needs, emergency, back-up fuel or standby power, or other use allowed by
    11  rule of the department, to the extent necessary for, and  in  the  space
    12  occupied by such use or purpose.
    13    c.  Notwithstanding  the  provisions  set forth in paragraph b of this
    14  subdivision, no facility shall be approved where  the  department  finds
    15  that  there  will  be significant, adverse and disproportionate environ-
    16  mental  impacts  to  disadvantaged  communities   resulting   from   the
    17  construction or operation of a facility.
    18    §  3.  The  environmental  conservation law is amended by adding a new
    19  section 37-0123 to read as follows:
    20  § 37-0123. Prohibition against certain coal.
    21    1. No person shall permit the burning of coal within any building.
    22    2. No person shall sell or offer for  sale  bituminous  coal  that  is
    23  pre-packed.
    24    3.  No  person  shall  sell or offer for sale loose coal directly to a
    25  consumer.
    26    4. No coal shall be used for the purpose of providing heating for  any
    27  building or facility in the state, unless provided an exemption pursuant
    28  to subdivision five of this section.
    29    5.  The  burning of coal may be authorized where it is necessary for a
    30  manufacturing use or purpose, in chemical products,  for  pharmaceutical
    31  purposes,  for agriculture purposes, or for the operation of a laborato-
    32  ry, crematorium, commercial kitchen,  or  where  used  for  reliability,
    33  emergency,  back-up  fuel or standby power, or other use allowed by rule
    34  of the department, to the extent necessary for, and in the  space  occu-
    35  pied by such use or purpose.
    36    6.  Notwithstanding  the  provisions  set forth in subdivision five of
    37  this section, no facility shall be approved where the  department  finds
    38  that  there  will  be significant, adverse and disproportionate environ-
    39  mental  impacts  to  disadvantaged  communities   resulting   from   the
    40  construction or operation of a facility.
    41    § 4. This act shall take effect immediately.