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 29-0)

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--A
            Cal. No. 237

                               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  --  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

        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.
    20    (c) A public policy purpose would be served and the interests  of  the
    21  people  of  the  state would be advanced by directing the New York state
    22  energy research and development  authority,  in  consultation  with  the
    23  department of public service and the department of environmental conser-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06171-03-3
        S. 2935--A                          2

     1  vation,  to  continue the development of the study commenced in 2022, as
     2  referenced in the climate action council scoping plan of  strategies  to
     3  facilitate  the  replacement  and redevelopment of New York's oldest and
     4  most-polluting  fossil  fueled  generation facilities and their sites by
     5  2030, while ensuring resource adequacy, with renewable energy systems as
     6  defined in paragraph (b) of subdivision 1 of section 66-p of the  public
     7  service  law,  energy  storage systems, and electricity transmission and
     8  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 the climate action council
    13  scoping plan and paragraph (c) of section  three  of  this  act  in  the
    14  manner  authorized  and  directed herein, and for those entities and the
    15  public service commission, and any other agencies or authorities of  the
    16  state  as  may  be required, to commence any proceedings or other initi-
    17  atives necessary to carry out the strategies described therein.
    18    § 3. The New York state energy research and development  authority  is
    19  authorized and directed to:
    20    (a)  develop  a  study of competitive options to facilitate the phase-
    21  out, replacement and redevelopment of New York state's oldest and  most-
    22  polluting  fossil  fueled  generation  facilities and their sites by the
    23  year 2030, with options that  include  but  are  not  limited  to  those
    24  described in the scoping plan issued by the climate action council under
    25  section  75-0103 of the environmental conservation law, renewable energy
    26  systems as defined in paragraph (b) of subdivision 1 of section 66-p  of
    27  the  public  service law, energy storage systems, and electricity trans-
    28  mission and distribution systems and equipment, while ensuring  resource
    29  adequacy  and other reliability services are maintained, and to do so in
    30  consultation with the department of public service,  the  department  of
    31  environmental conservation, Long Island power authority, and other rele-
    32  vant  state  agencies and authorities with subject matter expertise, the
    33  federally designated electric bulk system operator, the New  York  State
    34  Reliability Council, and the owners of such facilities. The study should
    35  prioritize  the  replacement  and  redevelopment  of  such fossil fueled
    36  generation facilities with  facilities  that  will  directly  assist  in
    37  achieving  the  energy,  environmental  justice and emissions reductions
    38  requirements of section 66-p of the public service law. The study  shall
    39  address the phase-out of at least four gigawatts of fossil fueled gener-
    40  ation  statewide  capacity in total and prioritize those facilities that
    41  only operate when electricity usage is highest. The study shall  include
    42  recommendations of standards and requirements that:
    43    (i)  significantly  reduce  the state's electricity system reliance on
    44  fossil fuels, taking into account the requirements  and  timing  of  the
    45  state's emission reduction programs;
    46    (ii) establish a competitive program to promote private sector invest-
    47  ment  in  eligible  technologies  that the public service commission has
    48  determined, after notice and provision for the opportunity  to  comment,
    49  ensure  resource  adequacy,  while achieving the requirements of section
    50  66-p of the public service law;
    51    (iii) provide significant environmental, health and other benefits  to
    52  disadvantaged  communities  as  such  communities  will be defined under
    53  section 75-0111 of the environmental conservation law; and
    54    (iv) have  significant  potential  for  job  creation  and  retention,
    55  economic  development,  and just transition opportunities benefiting New
    56  Yorkers and the state's workforce, as  described  in  the  scoping  plan
        S. 2935--A                          3

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