Bill Text: NY S05200 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the mitigation of the severity of climate change; requires the state to create a binding plan for achieving 100 percent fossil fuel free electricity generation by 2030, if practicable, but no later than 2040.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2019-04-16 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S05200 Detail]

Download: New_York-2019-S05200-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5200
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 16, 2019
                                       ___________
        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
        AN  ACT  to  amend  the energy law, in relation to the mitigation of the
          severity of climate change; and to repeal certain  provisions  of  the
          energy law relating thereto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited  as  the  "freedom
     2  from fossil fuels act".
     3    §  2.  Subdivisions  1,  4  and  5 of section 3-101 of the energy law,
     4  subdivision 1 as amended by chapter 253 of the laws of 2013 and subdivi-
     5  sion 5 as amended by chapter 396 of the laws of  1978,  are  amended  to
     6  read as follows:
     7    1.  to  obtain and maintain an adequate and continuous supply of safe,
     8  dependable and economical energy for the people  of  the  state  and  to
     9  accelerate  development  and  use  within  the state of renewable energy
    10  sources, all in order to mitigate the severity  of  climate  change,  to
    11  promote  the  state's  economic  growth, to create employment within the
    12  state, to protect [its] the state's environmental  values  and  agricul-
    13  tural  heritage, to husband its resources for future generations, and to
    14  promote the health and welfare of its people;
    15    4. to encourage transportation modes and equipment which conserve  the
    16  use  of  energy  and reduce and/or eliminate emissions of carbon dioxide
    17  and co-pollutants;
    18    5. to foster, encourage and promote the prudent development  and  wise
    19  use  of  [all  indigenous  state] the state's renewable energy resources
    20  including, but not limited to, [on-shore oil and natural gas,  off-shore
    21  oil  and natural gas, natural gas from Devonian shale formations,] small
    22  head hydro, [wood,] solar, wind, solid waste, energy from biomass,  fuel
    23  cells, geothermal, offshore wind and cogeneration; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11128-02-9

        S. 5200                             2
     1    §  3. Subdivision 7 of section 3-101 of the energy law is REPEALED and
     2  a new subdivision 7 is added to read as follows:
     3    7.  to  conduct  energy  planning  in  an integrated and comprehensive
     4  manner through development of a master plan which shall provide  a  plan
     5  for  achieving  one  hundred percent fossil fuel free electricity gener-
     6  ation by two thousand thirty, if practicable,  but  no  later  than  two
     7  thousand forty. If the two thousand thirty target cannot be achieved the
     8  state  energy planning board shall issue a report detailing and describ-
     9  ing the failure to reach such target.
    10    § 4. Subdivisions 1 and 2 of section  6-102  of  the  energy  law,  as
    11  amended  by  chapter  195  of  the  laws of 2011, are amended to read as
    12  follows:
    13    1. There shall be established a state energy planning  board,  herein-
    14  after  referred  to  as the "board", which shall consist of the chair of
    15  the public service commission, the commissioner of environmental conser-
    16  vation, the commissioner of economic development,  the  commissioner  of
    17  transportation, the commissioner of labor, the commissioner of the divi-
    18  sion  of  homeland  security and emergency services, the commissioner of
    19  agriculture and markets, the commissioner of health,  the  secretary  of
    20  state and the president of the New York state energy research and devel-
    21  opment  authority.  The  [governor, the] speaker of the assembly and the
    22  temporary president of the senate shall each appoint [one]  three  addi-
    23  tional  [representative]  representatives  to  serve  on  the board. The
    24  representatives appointed by the speaker of the assembly and the  tempo-
    25  rary president of the senate shall include at all times individuals with
    26  expertise in issues relating to climate change mitigation and/or adapta-
    27  tion,  such  as  environmental  justice,  energy planning, labor, public
    28  health and regulated industries. The presiding officer of the  federally
    29  designated electric bulk system operator (BSO) shall serve as a non-vot-
    30  ing member of the board. Any decision or action by the board shall be by
    31  majority  vote.  The president of the New York state energy research and
    32  development authority shall serve as chair of the board. Members of  the
    33  board  may designate an executive staff representative to participate on
    34  the board on their behalf.
    35    2. Regional planning councils shall be established. [Two] Nine regions
    36  shall be established as follows:
    37    (a) [Downstate region - New York City and  Dutchess,  Nassau,  Orange,
    38  Putnam, Rockland,] Region one: Nassau and Suffolk[, Ulster and Westches-
    39  ter] counties;
    40    (b)  [Upstate  region - Albany, Allegany, Broome, Cattaraugus, Cayuga,
    41  Chautauqua, Chemung, Chenango, Clinton,  Columbia,  Cortland,  Delaware,
    42  Erie,  Essex,  Franklin,  Fulton,  Genesee,  Greene, Hamilton, Herkimer,
    43  Jefferson, Lewis,  Livingston,  Madison,  Monroe,  Montgomery,  Niagara,
    44  Oneida,  Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Sarato-
    45  ga, Schenectady, Schoharie, Schuyler,  Seneca,  St.  Lawrence,  Steuben,
    46  Sullivan,  Tioga, Tompkins, Warren, Washington, Wayne, Wyoming and Yates
    47  counties.] Region two: Kings, Bronx,  New  York,  Queens,  and  Richmond
    48  counties;
    49    (c)  Region  three:  Dutchess,  Orange,  Putnam,  Rockland,  Sullivan,
    50  Ulster, and Westchester counties;
    51    (d) Region four: Albany, Columbia, Delaware, Montgomery, Otsego, Rens-
    52  selaer, Schenectady, and Schoharie counties;
    53    (e) Region five: Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga,
    54  Warren, and Washington counties;
    55    (f) Region six: Herkimer, Jefferson, Lewis, Oneida, and  St.  Lawrence
    56  counties;

        S. 5200                             3
     1    (g) Region seven: Broome, Cayuga, Chenango, Cortland, Madison, Ononda-
     2  ga, Oswego, Tioga, and Tompkins counties;
     3    (h) Region eight: Chemung, Genesee, Livingston, Monroe, Ontario, Orle-
     4  ans, Schuyler, Seneca, Steuben, Wayne, and Yates counties; and
     5    (i) Region nine: Allegany, Chautauqua, Cattaraugus, Erie, Niagara, and
     6  Wyoming counties.
     7    The governor, temporary president of the senate and the speaker of the
     8  assembly  shall  each  appoint  [three]  two  regional  planning council
     9  members per region. Regional planning council members shall serve  with-
    10  out  compensation,  and  shall have their principal residence within the
    11  region for which they are appointed. Such regional council  members  may
    12  solicit  input from stakeholder interests within their region, including
    13  but not limited to local governments, municipal utilities,  rural  elec-
    14  tric  cooperatives,  utilities,  labor  unions,  ratepayers, businesses,
    15  trade associations, generators, social justice organizations, and commu-
    16  nity organizations with a  focus  on,  including  but  not  limited  to,
    17  climate  change  mitigation,  the  environment,  environmental  justice,
    18  and/or public health. Each regional planning council shall  transmit  to
    19  the board a report containing any recommendations specific to its region
    20  on  a  schedule  determined by the board to be appropriate for consider-
    21  ation of such report in the development of the draft energy plan.
    22    § 5. Subdivision 2 and paragraph (b) of subdivision 5 of section 6-104
    23  of the energy law, as added by chapter 433 of the laws  of  2009,  para-
    24  graph  (a)  of  subdivision  2  as amended by chapter 195 of the laws of
    25  2011, are amended and two new subdivisions 2-a and 6 are added  to  read
    26  as follows:
    27    2.  The  state  energy plan shall include: (a) forecasts for a minimum
    28  period of ten years, and for such other periods as the board may  deter-
    29  mine,  of:  (i)  demand  for  electricity[, natural gas, coal, petroleum
    30  products, including heating and transportation  fuels]  and  other  fuel
    31  sources for heating, transportation and industrial processes, and alter-
    32  nate  fuels,  including ethanol and other biofuels, to the extent possi-
    33  ble, taking into account energy conservation, load management and  other
    34  demand-reducing  measures including, but not limited to, carbon pricing,
    35  which can be achieved in a cost-effective manner,  including  the  basis
    36  for  such  projection,  including  an  examination of possible alternate
    37  levels of demand and discussion of  the  forecasting  methodologies  and
    38  input variables used in making the forecasts;
    39    (ii) energy supply requirements needed to satisfy demand for electric-
    40  ity,  [natural  gas,  coal,  petroleum  products,  including heating and
    41  transportation fuels] and other fuel sources  for  heating,  transporta-
    42  tion,  industrial processes, and alternate energy sources and fuels, for
    43  each region of the state, and for the state as a whole,  including  with
    44  respect  to  electricity,  the  amount  of  capacity  needed  to provide
    45  adequate reserve margins and capacity needed to ensure  reliability  and
    46  competitive  markets  in  the various regions of the state and to ensure
    47  electric capacity for beneficial electrification of  additional  sectors
    48  including,  but  not  limited  to heating, transportation and industrial
    49  processes;
    50    (iii) an assessment of the  ability  of  the  existing  energy  supply
    51  sources and the existing transmission or fuel transportation systems, to
    52  satisfy, together with those sources or systems reasonably certain to be
    53  available,  such  energy  supply  requirements, indicating planned addi-
    54  tions, retirements, deratings,  substantial  planned  outages,  and  any
    55  other expected changes in levels of generating and production capacity;

        S. 5200                             4
     1    (iv)  additional  electric capacity and/or transmission or fuel trans-
     2  portation systems needed to meet such energy  supply  requirements  that
     3  will  not  be  met  by  existing  sources of supply and those reasonably
     4  certain to be available, where  such  analysis  should  identify  system
     5  constraints  and  possible  alternatives available, both supply-side and
     6  demand-side alternatives,  including  but  not  limited  to  distributed
     7  generation, energy efficiency and conservation measures, to redress such
     8  constraint; and
     9    (v)  projected greenhouse emissions assessed using a life-cycle method
    10  of analysis for each fuel type.
    11    (b) Identification and  assessment  of  the  costs,  risks,  benefits,
    12  uncertainties  and market potential of all energy supply source alterna-
    13  tives[, including demand-reducing measures, renewable  energy  resources
    14  of  electric  generation, distributed generation technologies, cogenera-
    15  tion technologies, biofuels and other methods and  technologies  reason-
    16  ably  available  for satisfying energy supply requirements which are not
    17  reasonably certain to be met by the energy supply sources identified  in
    18  paragraph  (a)  of  this  subdivision, provided that such analysis shall
    19  include the factors identified in paragraph (d) of this subdivision];
    20    (c) Identification and analysis of emerging trends related  to  energy
    21  supply, price and demand, including trends related to the transportation
    22  sector;
    23    (d)  An  assessment of current energy policies and programs, and their
    24  contributions to achieving long-range energy planning objectives includ-
    25  ing, but not limited to, the least cost  integration  of  energy  supply
    26  sources, energy transportation and distribution system and demand-reduc-
    27  ing  measures  for  satisfying  energy  supply  requirements, giving due
    28  regard to such factors as required capital investments, cost,  ratepayer
    29  and  climate impacts, security and diversity of fuel supplies and gener-
    30  ating modes, protection of public health and safety, adverse and benefi-
    31  cial environmental impacts, conservation of energy and energy resources,
    32  the ability of the state to compete economically, and any  other  policy
    33  objectives deemed appropriate;
    34    (e) In order to assist the board in such evaluation, the power author-
    35  ity  of  the state of New York and the Long Island power authority shall
    36  individually submit to the planning board: (i) a strategic plan specify-
    37  ing the mission and goals of the authority, the  policies  and  programs
    38  utilized  to  fulfill  such mission and goals, and an explanation of how
    39  such policies and programs relate to the  state  energy  plan,  (ii)  an
    40  annual  five-year operating plan, and (iii) a ten-year projected capital
    41  budget for their respective operations. Such plans shall  include  major
    42  new  capital  and  programmatic initiatives, as well as descriptions and
    43  achievements of existing programs, including program objectives and  the
    44  numbers of clients and/or customers served for each service or program;
    45    (f) An analysis of security issues, considering both natural and human
    46  threats to the state's energy systems;
    47    (g)  An  environmental  justice  analysis including an analysis of the
    48  barriers to, and opportunities for,  community  ownership  of  renewable
    49  generation  and  energy  efficiency  services in low-income and environ-
    50  mental justice communities;
    51    (h) An assessment of [the ability of urban planning alternative]  land
    52  use  planning,  including  but  not  limited to smart growth [and], mass
    53  transportation improvements to reduce  energy  and  transportation  fuel
    54  demand,  and  building code changes which will reduce the use of energy,
    55  carbon emissions, and other co-pollutants;

        S. 5200                             5
     1    (i) An inventory of  greenhouse  gas  emissions,  and  strategies  for
     2  facilitating  and  accelerating  the  use  of  zero or low carbon energy
     3  sources and/or carbon mitigation measures;
     4    (j)  Recommendations, as appropriate and desirable, for administrative
     5  and legislative actions to implement such policies, objectives and stra-
     6  tegies;
     7    (k) Assessment of the impacts  of  implementation  of  the  plan  upon
     8  economic development, health, safety and welfare, environmental quality,
     9  and energy costs for consumers, specifically low-income consumers; [and]
    10    (l)  A  statewide  plan  for  the conversion to zero-emission vehicles
    11  including, but not limited to, the necessary  infrastructure  to  reduce
    12  range  anxiety, the conversion of the state fleet to zero-emission vehi-
    13  cles, and the overall electrification of the transportation sector;
    14    (m) A statewide plan for development of non-fossil fuels for  heating,
    15  cooling and industrial processes; and
    16    (n)  Such  additional information as the board deems appropriate, such
    17  as but not limited to, information developed from consultation with  the
    18  BSO.
    19    2-a.  The  state  energy plan shall not include any provisions for new
    20  construction or implementation of: (a) any infrastructure used to trans-
    21  fer fossil fuels or fuel gasses; or
    22    (b) electricity generation or storage electricity which utilize fossil
    23  fuels gases.
    24    (b) Any energy-related action or decision of a  state  agency,  board,
    25  commission  or authority shall be [reasonably] consistent with the fore-
    26  casts and the policies and long-range  energy  planning  objectives  and
    27  strategies  contained  in  the  plan, including its most recent update[;
    28  provided, however, that any such action or decision which is not reason-
    29  ably consistent with the plan shall be deemed in  compliance  with  this
    30  section,  provided  that such action or decision includes a finding that
    31  the relevant provisions of the plan are no longer reasonable or probable
    32  based on a material and substantial change in fact or circumstance,  and
    33  a  statement  explaining  the basis for this finding].  No state agency,
    34  board, commission,  or  authority  shall  act  inconsistently  with  the
    35  provisions of this section.
    36    6.  Any  person  may bring an action in his or her own name to enforce
    37  the provisions of this article through a private right of action.
    38    § 6. Paragraph (c) of subdivision 2 and subdivision 3 of section 6-106
    39  of the energy law, subdivision 3 as added by chapter 433 of the laws  of
    40  2009,  paragraph  (c)  of subdivision 2, the opening paragraph, subpara-
    41  graphs (i) and (ii) of paragraph (a),  subparagraphs  (i)  and  (ii)  of
    42  paragraph  (b),  and paragraphs (c) and (d) as amended and paragraph (e)
    43  of subdivision 3 as added by chapter  195  of  the  laws  of  2011,  are
    44  amended to read as follows:
    45    (c)  Public comment hearings, with at least [three] one in each region
    46  described in subdivision two  of  section  6-102  of  this  article  and
    47  provide  an  opportunity  to  submit written comments, subsequent to the
    48  issuance of a draft plan, to obtain views  and  comments  of  interested
    49  persons on any aspect of, or issue addressed in, such draft plan;
    50    3.  As determined by the board in each instance to be appropriate with
    51  respect to the particular entity or entities from which information,  if
    52  any,  shall  be required, the information to be provided to the board by
    53  energy transmission [and], distribution and generation companies,  elec-
    54  tric,  gas,  or  steam  corporations,  major  energy suppliers including
    55  owners or operators of electric generation facilities, commodity  and/or
    56  end-use energy service providers, state agencies or authorities, includ-

        S. 5200                             6
     1  ing  the  power  authority  of the state of New York and the Long Island
     2  power authority, and/or others, shall include the following:
     3    (a) Comprehensive long-range plans for future operations:
     4    (i)  a  forecast of electricity demands over a period as the board may
     5  determine appropriate, including annual in-state electric  energy  sales
     6  and  summer and winter peak loads by utility service area where applica-
     7  ble, and total any annual in-state electric energy sales and  coincident
     8  peak load, specifically identifying the extent to which energy conserva-
     9  tion,  load  management and other demand-reducing measures, and electric
    10  energy generated by cogeneration,  small  hydro  and  [alternate  energy
    11  production  facilities]  distributed  generation,  energy  generated  by
    12  fossil fuels and fuel gases, including renewable energy technologies and
    13  fuel cells, consumed on site, have been incorporated within  such  fore-
    14  cast;
    15    (ii)  a  forecast  of electricity supply requirements over a period as
    16  the board may determine  appropriate,  by  utility  service  area  where
    17  applicable,  specifically  identifying  the reserve margins required for
    18  reliable electric service,  the  transmission  and  distribution  losses
    19  assumed, and the amount of out-of-state sales commitments;
    20    (iii)  an  assessment  of  the  ability of existing electricity supply
    21  sources, and those reasonably certain to be available, to satisfy  elec-
    22  tricity  supply  requirements,  including electric generating facilities
    23  which can be retained in  service  beyond  their  original  design  life
    24  through  routine  maintenance  and repairs and anticipatory estimates of
    25  beneficial electrification for new sectors including,  but  not  limited
    26  to, heating, cooling, cooking, transportation, and industrial processes;
    27    (iv)  an inventory of: (A) all existing electric generating and trans-
    28  mission facilities including  those  owned  or  operated  by  the  power
    29  authority  of the state of New York and the Long Island power authority;
    30  (B) electric generating and transmission  facilities  planned  or  under
    31  construction  including the power authority of the state of New York and
    32  the Long Island power authority, including the dates for completion  and
    33  operation;  (C) the anticipated retirement dates for any electric gener-
    34  ating facilities currently operated including those owned or operated by
    35  the power authority of the state of New York and the Long  Island  power
    36  authority;  (D)  land  owned or leased including that owned or leased by
    37  the power authority of the state of New York and the Long  Island  power
    38  authority and held for future use as sites for major electric generating
    39  facilities;  and  (E)  electric  generating,  transmission,  and related
    40  facilities operated, or planned to be operated, by others, to the extent
    41  information concerning the same is known;
    42    (v) recommended supply additions  and  demand  reducing  measures  for
    43  satisfying  the  electricity supply requirements, not reasonably certain
    44  to be met by electricity supply sources identified in subparagraph (iii)
    45  of this paragraph, including the life  extension  of  existing  electric
    46  generating facilities, and reasons therefor;
    47    (vi)  a  statement of research and development plans, including objec-
    48  tives and programs in the areas of energy conservation,  climate  change
    49  mitigation, beneficial electrification, load management, electric gener-
    50  ation  and transmission, new energy technologies and pollution abatement
    51  and control, which are not funded through regulatory required  programs,
    52  recent  results  of  such  programs undertaken or funded to date, and an
    53  assessment of the potential impacts of such results;
    54    (vii) a projection of estimated electricity prices to  consumers  over
    55  the  forecast period, and a sensitivity analysis of that forecast relat-

        S. 5200                             7
     1  ing to a number of factors including  fuel  prices  and  the  levels  of
     2  available capacity and demand in the regions of the state;
     3    (viii)  a  description  of  the  load  forecasting methodology and the
     4  assumptions and data used in the preparation of the  forecasts,  specif-
     5  ically  including  projections  of demographic and economic activity and
     6  such other factors, statewide and by service area, which  may  influence
     7  electricity demand, and the bases for such projections;
     8    (ix)  proposed  policies,  objectives  and  strategies for meeting the
     9  state's future electricity needs; and
    10    (x) such additional information  as  the  board  may,  by  regulation,
    11  require to carry out the purposes of this article.
    12    (b)  All  providers  of  natural gas transmission, distribution and/or
    13  marketing services to customers shall individually prepare and submit  a
    14  comprehensive   long-range  plan  for  future  operations,  which  shall
    15  include, as appropriate:
    16    (i) a forecast over a period as the board may  determine  appropriate,
    17  by  utility service area, of estimated annual in-state gas sales, winter
    18  season sales and peak day sales by appropriate end-use  classifications,
    19  specifically  identifying  the extent to which energy conservation meas-
    20  ures and the sale of gas owned by persons other than natural gas  trans-
    21  mission  and  distribution  utilities have been incorporated within such
    22  forecast;
    23    (ii) a forecast of gas supply requirements over a period as the  board
    24  may determine appropriate, by utility service area, specifically identi-
    25  fying  the amounts of gas needed to meet severe weather conditions, lost
    26  and unaccounted for gas, out-of-state  sales  commitments  and  internal
    27  use;
    28    (iii) an assessment of the ability of existing gas supply sources, and
    29  those reasonably certain to be available, to satisfy gas supply require-
    30  ments;
    31    (iv) an inventory of: (A) all existing supply sources, storage facili-
    32  ties,  and  transmission  facilities which are used in providing service
    33  within the state, (B) the  transmission  and  storage  facilities  under
    34  construction  which would be used in providing service within the state,
    35  their projected costs and capacities, including  peaking  capacity,  (C)
    36  transmission  facility  additions  proposed to be constructed by natural
    37  gas transmission and distribution utilities, (D) transmission facilities
    38  operated, or planned to be operated, by others, to the  extent  informa-
    39  tion concerning the same is known;
    40    (v)  [recommended  supply  additions  and demand-reducing measures for
    41  satisfying the gas supply requirements, not reasonably certain to be met
    42  by gas supply sources identified in subparagraph (iii) of this paragraph
    43  and the reasons therefor;
    44    (vi)] a projection of estimated gas prices to consumers over the fore-
    45  cast period, and a sensitivity analysis of that forecast relating  to  a
    46  number of factors including the levels of commodity supply availability,
    47  of available pipeline and storage capacity, and of demand in the regions
    48  of the state;
    49    [(vii)] (vi) a description of the load forecasting methodology and the
    50  assumptions  and  data used in the preparation of the forecasts, specif-
    51  ically including projections of demographic and  economic  activity  and
    52  such  other  factors,  statewide  and  by service area where applicable,
    53  which may influence demand for natural  gas,  and  the  bases  for  such
    54  projections;
    55    [(viii)]  (vii) a statement of research and development plans, includ-
    56  ing objectives and programs in the areas of energy conservation and  new

        S. 5200                             8
     1  energy technologies, recent results of such programs undertaken or fund-
     2  ed to date, and an assessment of the potential impacts of such results;
     3    [(ix)] (viii) proposed policies, objectives and strategies for meeting
     4  the state's future gas needs; and
     5    [(x)]  (ix)  such  additional  information  as the board may, by regu-
     6  lation, require to carry out the purposes of this article.
     7    (c) Such information from major petroleum  suppliers  and  major  coal
     8  suppliers  as  the  board  may require to carry out the purposes of this
     9  article.
    10    (d) Such other information  from  owners  and  operators  of  electric
    11  generating  power  plants  as  the  board  may  require to carry out the
    12  purposes of this article.
    13    [(e) A single comprehensive submission  from  industry  groups,  trade
    14  associations,  or  combinations of such groups and associations in place
    15  of submissions by individual member companies.]
    16    § 7. No agency, commission, or authority shall approve or  permit  the
    17  construction  of  any  fossil  fuel  or  fuel gas generation facility or
    18  infrastructure until the completion  of  an  energy  plan  developed  in
    19  accordance with the provisions of section one of this act.
    20    § 8. This act shall take effect immediately.
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