EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14537-01-2
S. 8198 2
6. Thus, it is the intent of the legislature that passage of this act
is for the following purposes:
a. to ensure that the Public Service Law regarding regulation and
oversight of gas utilities will provide for the timely and strategic
retirement of the gas distribution system in a just and affordable
manner as required to meet the climate justice and emission reduction
mandates of the CLCPA;
b. to ensure that the Public Service Commission has the statutory
authority and direction to align utility regulations and planning with
the CLCPA climate justice and emission reduction mandates and to require
the Public Service Commission to take a proactive role in the timely
identification and amendment of such laws, regulations or rulings as may
pose an impediment to achieving CLCPA mandates;
c. to end ratepayer-subsidized utility incentives for fossil fuel
expansion while ensuring the equitable provision of electric service and
efficient heating, cooling, cooking, and hot water services;
d. to require the Public Service Commission, within one year, to
develop a statewide gas utility services decarbonization plan based on
clear biannual gas sales reduction targets, robust analysis, and consid-
eration of several electrification pathways;
e. to ensure affordable access to electric heating and cooling
services and to protect low-income and moderate-income customers from
undue burdens as they electrify their buildings; and
f. to clarify that municipal gas bans are not preempted under New York
State law.
§ 3. Subdivision 1 of section 4 of the public service law, as amended
by chapter 594 of the laws of 2021, is amended to read as follows:
1. There shall be in the department of public service a public service
commission, which shall possess the powers and duties hereinafter speci-
fied, and also all powers necessary or proper to enable it to carry out
the purposes of this chapter AND TO ENABLE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW, AND SUCH SUCCESSORS IN LAW AND FUNCTION
AS MAY ARISE FROM TIME TO TIME. The commission shall consist of five
members, to be appointed by the governor, by and with the advice and
consent of the senate. A commissioner shall be designated as chairman of
the commission by the governor to serve in such capacity at the pleasure
of the governor or until his term as commissioner expires whichever
first occurs. At least one commissioner shall have experience in utility
consumer advocacy. No more than three commissioners may be members of
the same political party unless, pursuant to action taken under subdivi-
sion two of this section, the number of commissioners shall exceed five,
and in such event no more than four commissioners may be members of the
same political party.
§ 4. Subdivisions 1 and 2 of section 5 of the public service law,
subdivision 1 as amended and subdivision 2 as added by chapter 155 of
the laws of 1970, are amended to read as follows:
1. The jurisdiction, supervision, powers and duties of the public
service commission shall extend under this chapter:
[b.] A. To the manufacture, conveying, transportation, sale or
distribution of gas (natural or manufactured or mixture of both) and
electricity for light, heat, COOLING, or power, to gas plants and to
electric plants and to the persons or corporations owning, leasing or
operating the same.
S. 8198 3
[c.] B. To the manufacture, holding, distribution, transmission, sale
or furnishing of steam for heat or power, to steam plants and to the
persons or corporations owning, leasing or operating the same.
[d.] C. To every telephone line which lies wholly within the state and
that part within the state of New York of every telephone line which
lies partly within and partly without the state and to the persons or
corporations owning, leasing or operating any such telephone line.
[e.] D. To every telegraph line which lies wholly within the state and
that part within the state of New York of every telegraph line which
lies partly within and partly without the state and to the persons or
corporations owning, leasing or operating any such telegraph line.
[f.] E. To the furnishing or distribution of water for domestic,
commercial or public uses and to water systems and to the persons or
corporations owning, leasing or operating the same.
[g.] F. To every stock yard within the state and to the stock yard
company owning, leasing or operating the same, to the same extent and in
respect to the same objects and purposes as such jurisdiction extends,
under this chapter, to depots, freight houses and shipping stations of a
common carrier, including the duty of such stock yard company to submit
reports and be subjected to investigation as if it were a common carri-
er, and the powers and duties of such commission to fix charges and make
and enforce orders relating to adequate service by such company.
[h.] G. A corporation or person owning or holding a majority of the
stock of a common carrier, gas corporation or electrical corporation
subject to the jurisdiction of the public service commission shall be
subject to the supervision of the public service commission in respect
of the relations between such common carrier, gas corporation or elec-
trical corporation and such owners or holders of a majority of the stock
thereof in so far as such relations arise from or by reason of such
ownership or holding of stock thereof or the receipt or holding of any
money or property thereof or from or by reason of any contract between
them; and in respect of such relations shall in like manner and to the
same extent as such common carrier, gas corporation or electrical corpo-
ration be subject to examination of accounts, records and memoranda, and
shall furnish such reports and information as the public service commis-
sion shall from time to time direct and require, and shall be subject to
like penalties for default therein.
2. The commission shall encourage all persons and corporations subject
to its jurisdiction to formulate and carry out long-range programs,
individually or cooperatively, for the performance of their public
service responsibilities, INCLUDING THE ACHIEVEMENT OF THE CLIMATE
JUSTICE AND EMISSION REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW, with economy, efficiency, and care for
the public safety, the preservation of environmental values and the
conservation of natural resources.
§ 5. Section 30 of the public service law, as amended by chapter 686
of the laws of 2002, is amended to read as follows:
§ 30. Residential gas, electric and steam service policy. 1. This
article shall apply to the provision of all or any part of the gas,
electric or steam service provided to any residential customer by any
gas, electric or steam and municipalities corporation or municipality.
It is hereby declared to be the policy of this state that the continued
provision of [all or any part of such gas,] electric [and steam service]
SERVICES to all residential customers without unreasonable qualifica-
tions or lengthy delays is necessary for the preservation of the health
and general welfare, IS CONSISTENT WITH THE ACHIEVEMENT OF THE STATE'S
S. 8198 4
CLIMATE JUSTICE AND EMISSION REDUCTION TARGETS, and is in the public
interest. IT IS FURTHER THE POLICY OF THIS STATE THAT GAS SERVICE FOR
EXISTING RESIDENTIAL CUSTOMERS MUST BE MAINTAINED IN A MANNER THAT IS
SAFE AND ADEQUATE, NOT UNJUSTLY DISCRIMINATORY OR UNDULY PREFERENTIAL,
AND IN ALL RESPECTS JUST AND REASONABLE, WHILE PROVIDING FOR AN ORDERLY
PHASE-OUT OF GAS SERVICE.
2. THE RELEVANT GOVERNING AUTHORITY OF THE GAS AND MUNICIPALITIES
CORPORATION OR MUNICIPALITY SHALL REGULATE FOR THE CONTINUED PROVISION
OF GAS SERVICE TO ALL RESIDENTIAL CUSTOMERS UNTIL THE COMMISSION ESTAB-
LISHES A STATEWIDE GAS SERVICE TRANSITION PLAN PURSUANT TO SECTION
SEVENTY-SEVEN-A OF THIS CHAPTER. AFTER SUCH PLAN IS ESTABLISHED, THE
COMMISSION OR OTHER RELEVANT GOVERNING AUTHORITY SHALL TAKE ANY SUCH
ACTION, AFTER NOTICE AND A HEARING, AS IS NECESSARY TO FACILITATE THE
ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION TARGETS IN
ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, BUT IN DOING
SO IT SHALL ACTIVELY ENCOURAGE A TRANSITION AWAY FROM COMBUSTIBLE FUELS
AND ENSURE THAT ALL RESIDENTIAL CUSTOMERS HAVE ACCESS TO ELECTRIC HEAT-
ING AND COOLING SERVICES WITHOUT UNREASONABLE QUALIFICATIONS, UNREASON-
ABLE COSTS, OR LENGTHY DELAYS WITH A GOAL THAT LOW-TO-MODERATE INCOME
CUSTOMERS, DEFINED AS HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY
PERCENT OF THE AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY
RESIDE, ARE ADEQUATELY PROTECTED FROM BEARING ENERGY BURDENS GREATER
THAN SIX PERCENT OF THEIR INCOME, INCLUDING ANY UNDUE BURDENS IMPOSED BY
THE COST TO PURCHASE AND OPERATE ELECTRIC EQUIPMENT NEEDED TO FACILITATE
THE TERMINATION OF GAS SERVICE.
§ 6. Subdivisions 1, 3 and 4 of section 31 of the public service law,
as added by chapter 713 of the laws of 1981, are amended to read as
follows:
1. Every gas corporation, electric corporation or municipality, shall
provide residential service upon the oral or written request of an
applicant, provided that ANY SUCH GAS SERVICE SHALL ONLY BE PROVIDED IN
ACCORDANCE WITH SECTION THIRTY OF THIS ARTICLE AND IS SUBJECT TO ANY
ORDERS OR REGULATIONS LIMITING OR DISCONTINUING GAS SERVICE THAT ARE
IMPLEMENTED BY THE COMMISSION TO FACILITATE THE ACHIEVEMENT OF THE
CLIMATE JUSTICE AND EMISSION REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, AND PROVIDED FURTHER THAT the
commission may require that requests for service be in writing under
circumstances as it deems necessary and proper as set forth by regu-
lation, and provided further that the applicant:
(a) makes full payment for residential utility service provided to a
prior account in [his] THE APPLICANT'S name; or
(b) agrees to make payments under a deferred payment plan of any
amounts due for service to a prior account in [his] THE APPLICANT'S name
and makes a down payment based on criteria to be established by the
commission. No such down payment shall exceed one-half of any money due
from an applicant for residential utility service, or three months aver-
age billing, whichever is less; or
(c) is a recipient of public assistance, supplemental security income
or additional state payments pursuant to the social services law, or is
an applicant for such assistance, income or payments, and the utility
corporation or the municipality receives payment from, or is notified of
the applicant's eligibility for utility payments by the social services
official of the social services district in which such person resides
for amounts due for service to a prior account in the applicant's name,
together with guarantee of future payments to the extent authorized by
the social services law; AND
S. 8198 5
(D) RECEIVES CLEAR, TIMELY INFORMATION FROM THE GAS CORPORATION, ELEC-
TRIC CORPORATION, MUNICIPALITY, OR RETAIL ENERGY SERVICE COMPANY, WRIT-
TEN IN PLAIN LANGUAGE AND APPROVED BY THE COMMISSION AFTER STAKEHOLDER
INPUT, ON INCENTIVES AND OPPORTUNITIES FOR INSTALLING, AS ALTERNATIVES
TO GAS, ENERGY-EFFICIENT ELECTRIC HEATING AND COOLING TECHNOLOGIES, AND
FOR OTHER ENERGY EFFICIENCY MEASURES, WEATHERIZATION, DEMAND-SIDE
MANAGEMENT, AND DISTRIBUTED ENERGY RESOURCE PROGRAMS.
3. Subject to the requirements of subdivisions four and five of this
section, whenever a residential customer moves to a new residence within
the service territory of the same utility corporation or municipality,
[he] THE APPLICANT shall be eligible to receive service at the new resi-
dence and such service shall be considered a continuation of service in
all respects, with any deferred payment agreement honored, and with all
rights of such customer and such utility corporation provided by this
article unimpaired.
4. In the case of any application for service to a building which is
not supplied with electricity or gas, a utility corporation or munici-
pality shall be obligated to provide ELECTRIC service to such a build-
ing, AND MAY PROVIDE GAS SERVICE FOR SUCH A BUILDING IN ACCORDANCE WITH
PUBLIC SERVICE COMMISSION REGULATION OR BY THE RELEVANT AUTHORITY OF THE
MUNICIPALITIES CORPORATION OR MUNICIPALITY, provided however, that the
commission may require applicants for service to buildings [located in
excess of one hundred feet from gas or electric transmission lines] to
pay or agree in writing to pay material and installation costs relating
to the applicant's proportion of the pipe, conduit, duct or wire, or
other facilities to be installed.
§ 7. Section 12 of the transportation corporations law, as separately
amended by chapters 713 and 895 of the laws of 1981, is amended to read
as follows:
§ 12. Gas MAY and electricity must be supplied on application. Except
in the case of an application for residential utility service pursuant
to article two of the public service law, upon written application of
the owner or occupant of any building [within one hundred feet of any
main of a gas corporation or gas and electric corporation, or a line of
an electric corporation or gas and electric corporation, appropriate to
the service requested,] and payment by [him] THE APPLICANT of all money
due from [him] THE APPLICANT to the corporation, it shall supply [gas
or] electricity as may be required for [lighting] such building AND IT
MAY PROVIDE GAS FOR SUCH BUILDING IN ACCORDANCE WITH PUBLIC SERVICE
COMMISSION REGULATION OR BY THE RELEVANT GOVERNING AUTHORITY OF THE
MUNICIPALITIES CORPORATION OR MUNICIPALITY, notwithstanding there be
rent or compensation in arrears for gas or electricity supplied, or for
meter, wire, pipe or fittings furnished, to a former occupant thereof,
unless such owner or occupant shall have undertaken or agreed with the
former occupant to pay or to exonerate [him] THEM from the payment of
such arrears, and shall refuse or neglect to pay the same; and if for
the space of ten days after such application, and the deposit of a
reasonable sum as provided in the next section, if required, the corpo-
ration shall refuse or neglect to supply gas or [electric light] ELEC-
TRICITY as required, such corporation shall forfeit and pay to the
applicant the sum of ten dollars, and the further sum of five dollars
for every day thereafter during which such refusal or neglect shall
continue; provided that no such corporation shall be required to lay
service pipes or wires for the purpose of supplying gas or electric
light to any applicant where the ground in which such pipe or wire is
required to be laid shall be frozen, or shall otherwise present serious
S. 8198 6
obstacles to laying the same; nor unless the applicant, if required,
shall deposit in advance with the corporation a sum of money sufficient
to pay the cost of [his] THE APPLICANT'S proportion of the pipe,
conduit, duct or wire required to be installed, and the expense of the
installation of such portion.
§ 8. Subdivision 2 of section 66 of the public service law, as amended
by chapter 877 of the laws of 1953, is amended and a new subdivision
12-e is added to read as follows:
2. Investigate and ascertain, from time to time, the quality of gas
supplied by persons, corporations and municipalities; examine or inves-
tigate the methods employed by such persons, corporations and munici-
palities in manufacturing, distributing and supplying gas or electricity
for light, heat or power and in transmitting the same, and have power to
order such reasonable improvements as will best promote the public
interest, preserve the public health and protect those using such gas or
electricity and those employed in the manufacture and distribution ther-
eof, and have power to order reasonable improvements and extensions of
the works, wires, poles, lines, conduits, ducts and other reasonable
devices, apparatus and property of gas corporations, electric corpo-
rations and municipalities; and have power after an investigation and a
hearing to order any corporation having authority under any general or
special law or under any charter or franchise, to lay down, erect or
maintain wires, pipes, conduits, ducts or other fixtures in, over or
under the streets, highways and public places of any municipality for
the purpose of supplying, selling or distributing natural gas, to
augment its supply of natural gas, whenever the commission deems neces-
sary and whenever artificial gas can be reasonably obtained, by acquir-
ing by purchase, manufacture or otherwise a supply thereof to be mixed
with such natural gas, in order to render adequate service to the
customers of such corporation or to maintain a proper and uniform pres-
sure; and have power after an investigation and a hearing to order any
corporation having authority under any general or special law or under
any charter or franchise, to lay down, erect or maintain wires, pipes,
conduits, ducts or other fixtures in, over or under the streets, high-
ways and public places of any municipality for the purpose of supplying,
selling or distributing artificial gas, to augment its supply of artifi-
cial gas, whenever the commission deems necessary and whenever natural
gas can be reasonably obtained, by acquiring by purchase or otherwise a
supply thereof to be mixed with such artificial gas, in order to render
adequate service to the customers of such corporation or to maintain a
proper and uniform pressure; and to fix such rate for the supplying of
mixed gas as shall secure to such corporation a fair return; and may
order the curtailment or discontinuance of the use of natural gas for
manufacturing or industrial purposes, for periods aggregating not to
exceed four months in any calendar year, if it is established to the
satisfaction of the commission that the supply of natural gas is not
adequate to meet the reasonable demands of domestic consumption and may
[prohibit the use of natural gas in wasteful devices and practices]
ORDER THE CURTAILMENT OR DISCONTINUANCE OF THE USE OF THE DISTRIBUTION
SYSTEM, WHERE THE COMMISSION HAS DETERMINED THAT SUCH CURTAILMENT OR
DISCONTINUANCE IS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLICY,
PROVIDED THAT SUCH CURTAILMENT OR DISCONTINUANCE SHALL BE CONSISTENT
WITH A PLAN FOR THE PHASE-OUT OF THE USE OF GAS, AND ACCOMPANIED BY
COORDINATION ASSISTANCE AND, WHERE REASONABLY REQUIRED, FINANCIAL
ASSISTANCE IN THE IDENTIFICATION AND ADOPTION OF ALTERNATIVES, AND MAY
S. 8198 7
PROHIBIT THE USE OF NATURAL GAS IN WASTEFUL DEVICES AND PRACTICES AND
REQUIRE CONSERVATION AND EFFICIENCY IN GAS USAGE.
12-E. UPON THE APPLICATION OF A GAS CORPORATION FOR A MAJOR CHANGE IN
RATES AS DEFINED IN SUBDIVISION TWELVE OF THIS SECTION, THE COMMISSION
SHALL REVIEW THE CAPITAL CONSTRUCTION PLAN OF SUCH CORPORATION AND SHALL
ESTABLISH A PROCESS TO EXAMINE FEASIBLE ALTERNATIVES TO SUCH
CONSTRUCTION. SUCH PROCESS SHALL INCLUDE THRESHOLDS AND CRITERIA FOR THE
TYPES OF PROJECTS SUBJECT TO SUCH EXAMINATION. THE COMMISSION SHALL
REQUIRE PARTICIPATION IN SUCH PROCESS BY EACH ELECTRIC CORPORATION WITH
A SERVICE AREA OVERLAPPING THE SERVICE AREA OF THE GAS CORPORATION; AND
THE COMMISSION SHALL HAVE POWER TO REQUIRE ANY SUCH ELECTRIC CORPORATION
TO PARTICIPATE IN ALTERNATIVES TO GAS CAPITAL CONSTRUCTION, INCLUDING
PARTICIPATION IN FINANCING, WHERE SUCH ALTERNATIVE INCLUDES CONVERSION
OF GAS CUSTOMERS TO ELECTRICITY USAGE.
§ 9. Section 66-a of the public service law, as added by chapter 7 of
the laws of 1948, subdivision 1 as amended and subdivision 3 as added by
chapter 582 of the laws of 1975, subdivision 2 as amended by chapter 722
of the laws of 1977, is amended to read as follows:
§ 66-a. Conservation of gas, declaration of policy, delegation of
power. 1. It is hereby declared to be the policy of this state that
when there develops in any area a situation under which a gas corpo-
ration supplying gas to such area is unable to meet the reasonable needs
of its consumers and of persons or corporations applying for new or
additional gas service, the available supply of gas shall be allocated
among the customers of such gas corporation, in such manner as may be
necessary to protect public health and safety and to avoid undue hard-
ship, PARTICULARLY FOR LOW-TO-MODERATE INCOME RESIDENTIAL CUSTOMERS AND
HARD-TO-ELECTRIFY INDUSTRIAL AND COMMERCIAL USES, pursuant to rules and
regulations as may be adopted by the commission, and that to carry out
this declared policy the jurisdiction of the public service commission
should be clarified. IT IS FURTHER DECLARED TO BE THE POLICY OF THIS
STATE THAT GAS SUPPLY RESOURCES FOR SERVICE TO EXISTING GAS CUSTOMERS
MUST BE MAINTAINED IN A MANNER THAT IS SAFE AND ADEQUATE, NOT UNJUSTLY
DISCRIMINATORY OR UNDULY PREFERENTIAL, AND IN ALL RESPECTS JUST AND
REASONABLE, WHILE PROVIDING FOR AN ORDERLY PHASE-OUT OF GAS SERVICE.
2. Notwithstanding the provisions of any statute or any franchise held
by a gas corporation, the commission shall have power, upon the finding
that CONTINUED GAS SERVICE IS NOT CONSISTENT WITH THE ACHIEVEMENT OF THE
CLIMATE JUSTICE AND EMISSION REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE
OF THE ENVIRONMENTAL CONSERVATION LAW, OR THAT there exists such a shor-
tage of gas in any area in the state, that the gas corporation supplying
such area is unable and will be unable to secure or produce sufficient
gas to meet the reasonable needs of its customers and of persons or
corporations applying for new or additional gas service, to require such
corporation to immediately discontinue the supplying of gas to addi-
tional customers or of supplying additional service to present custom-
ers, for such purpose or purposes as may be designated by the commis-
sion, or to customers using gas for a purpose prohibited by the
commission pursuant to this act, and that upon the finding that the
supply of gas available is and will be insufficient to supply the
demands of all consumers receiving service, to require such gas corpo-
ration to curtail or discontinue service to any or all classes of
customers of such gas corporation. In imposing such a direction or
requirement, the commission shall give consideration first to existing
domestic uses and uses deemed to be necessary by the commission to
protect public health and safety and to avoid undue hardship [and shall
S. 8198 8
be limited to the period of the emergency provided that the gas corpo-
ration affected shall make such restriction, curtailing or discontin-
uance applicable to all customers or applicants for service in a like
class. If the commission determines that good cause exists for supplying
service to additional customers or for supplying additional service to
some existing customers, notwithstanding the curtailment or discontin-
uance of service to other existing customers, it shall, to the extent
feasible, allocate gas with equal priority to new or additional domestic
uses of gas and commercial or industrial processes which require gas
because there is no practical substitute for it in such proportion as
the commission determines to be reasonable. Provided that the commis-
sion shall be permitted, after public hearing, to authorize any natural
gas produced from lands under the waters of Lake Erie to be used for
process or feedstock requirements]. The commission is authorized to
adopt such rules, regulations and orders as are necessary or appropriate
to carry out these delegated powers.
3. In carrying out the delegated powers provided for in this section,
the commission shall, to the extent practicable, determine and establish
gas conservation measures or standards, INCLUDING ENERGY EFFICIENT ELEC-
TRIFICATION OF GAS END USES. The commission may require compliance with
such measures or standards as a condition of receiving service.
4. THE COMMISSION SHALL DETERMINE CONDITIONS UNDER WHICH NEW OR ADDI-
TIONAL GAS SERVICE IS WARRANTED DURING A PHASE-OUT OF THE USE OF GAS,
NOTWITHSTANDING THE NEED TO CONSERVE RESOURCES FOR SERVICE TO EXISTING
GAS CUSTOMERS. SUCH DETERMINATION SHALL BE CONSISTENT WITH THE MOST
RECENT STATE ENERGY PLAN, AND MAY TAKE INTO ACCOUNT FACTORS INCLUDING
ECONOMIC DEVELOPMENT, IMPACTS ON NEW AND EXISTING CUSTOMERS INCLUDING
LOW-TO-MODERATE INCOME CUSTOMERS, IMPACTS ON SYSTEM SAFETY AND ADEQUACY,
AND EQUITY TOWARD EXISTING CUSTOMERS WITH LIMITED CONVERSION ALTERNA-
TIVES.
5. THE COMMISSION MAY REQUIRE GAS AND/OR ELECTRIC UTILITIES TO PROVIDE
COORDINATION ASSISTANCE AND FINANCIAL ASSISTANCE, IN SUCH FORMS AS THE
COMMISSION DEEMS REASONABLY REQUIRED TO IMPLEMENT STATE ENERGY POLICY,
TO IDENTIFY AND ADOPT ALTERNATIVES WHERE APPLICATIONS FOR NEW OR ADDI-
TIONAL GAS SERVICE ARE DENIED.
§ 10. Section 66-b of the public service law is REPEALED.
§ 11. The public service law is amended by adding a new section 66-s
to read as follows:
§ 66-S. EXPANSION OF GAS PLANT. EXCEPT AS PROVIDED IN THIS SECTION,
AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, AFTER JUNE
THIRTIETH, TWO THOUSAND TWENTY-TWO, NO GAS CORPORATION SHALL COMMENCE
CONSTRUCTION OF NEW GAS MAINS OR OTHER DISTRIBUTION PLANT THE RESULT OF
WHICH WOULD BE TO EXPAND THE AVAILABILITY OF SERVICE INTO GEOGRAPHIC
AREAS WHERE GAS SERVICE WAS NOT AVAILABLE PRIOR TO THAT DATE. NO SUCH
PLANT SHALL BE PUT INTO SERVICE AFTER SEPTEMBER THIRTIETH, TWO THOUSAND
TWENTY-THREE. THE COMMISSION MAY AUTHORIZE EXCEPTIONS, PROVIDED THAT
PROJECTS QUALIFYING FOR EXCEPTION MUST BE OF A CATEGORY SPECIFICALLY
IDENTIFIED AS SUITABLE FOR TRANSITION PURSUANT TO SUBDIVISION THREE OF
SECTION 6-104 OF THE ENERGY LAW, AND MUST BE COMPLETED AND PUT INTO
SERVICE NOT LATER THAN SEPTEMBER THIRTIETH, TWO THOUSAND TWENTY-NINE.
§ 12. Section 66-g of the public service law is REPEALED.
§ 13. The public service law is amended by adding a new section 77-a
to read as follows:
§ 77-A. ALIGNING UTILITY REGULATION WITH CLIMATE JUSTICE AND EMISSION
REDUCTION TARGETS. 1. WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSION SHALL INITIATE A PROCEEDING, OR MULTIPLE
S. 8198 9
PROCEEDINGS, AS IT DEEMS APPROPRIATE, TO CONSIDER AND ACT ON THE MATTERS
IDENTIFIED IN THIS SECTION IN ORDER TO BETTER ALIGN ITS REGULATION OF
UTILITY SERVICES WITH THE TIMELY ACHIEVEMENT OF THE CLIMATE JUSTICE AND
EMISSION REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW. IF THE COMMISSION IS ACTIVELY CONSIDERING ONE OR MORE
OF THE POLICIES IDENTIFIED IN THIS SECTION, IT SHALL NOT BE REQUIRED TO
OPEN A NEW PROCEEDING FOR THAT POLICY TOPIC. ALL PROCEEDINGS INITIATED
PURSUANT TO THIS SECTION SHALL BE COMPLETED WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SECTION, AFTER WHICH TIME THE COMMISSION SHALL
INITIATE REGULAR SUBSEQUENT PROCEEDINGS, AS IT DEEMS NECESSARY, TO
ENSURE THE ACHIEVEMENT OF THE GOALS OUTLINED IN THIS SECTION. THE
PROCEEDING OR PROCEEDINGS SHALL INCLUDE:
(A) A REVIEW OF THE PUBLIC SERVICE LAW AND ITS CURRENT RULES AND POLI-
CY GUIDANCE TO IDENTIFY ANY LAW, RULE, OR GUIDANCE THAT MAY INHIBIT
TIMELY, EQUITABLE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION
REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVA-
TION LAW. EVERY THREE MONTHS, THE COMMISSION SHALL REPORT TO THE LEGIS-
LATURE ITS PROGRESS AND FINDINGS, IDENTIFY SUBSEQUENT ACTIONS IT WILL
TAKE, AND MAKE RECOMMENDATIONS FOR ANY STATUTORY AMENDMENTS THAT MAY BE
NEEDED TO FACILITATE THE TIMELY ACHIEVEMENT OF SUCH TARGETS. THIS QUAR-
TERLY REPORTING REQUIREMENT WILL BEGIN SIX MONTHS AFTER THE EFFECTIVE
DATE OF THIS SECTION AND WILL CONTINUE FOR THREE YEARS.
(B) A REVISION OF THE COMMISSION'S RULES AND REGULATIONS FOR DETERMIN-
ING APPROPRIATE ALLOWANCES FOR THE EXTENSION OF GAS AND ELECTRIC UTILITY
SERVICES TO ENSURE THAT UTILITY SERVICE IS PROVIDED IN A MANNER CONSIST-
ENT WITH THE ACHIEVEMENT OF THE CLIMATE JUSTICE AND EMISSION REDUCTION
TARGETS IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW.
IN ESTABLISHING RULES GOVERNING THE ALLOWANCE FOR THE EXTENSION OF GAS
SERVICE, THE COMMISSION SHALL ELIMINATE ALL LINE EXTENSION ALLOWANCES
FOR GAS SERVICE AND MAY INCREASE ALLOWANCES FOR ELECTRIC SERVICE. THE
COMMISSION MAY ESTABLISH RULES THAT PROVIDE FOR DISTINCT ALLOWANCES FOR
ALL-ELECTRIC CUSTOMERS AND FOR DUAL-FUEL CUSTOMERS AND MAY PROVIDE ADDI-
TIONAL ALLOWANCES TO BUILDINGS THAT ARE MADE READY FOR BENEFICIAL ELEC-
TRIC LOADS SUCH AS THOSE WITH ELECTRIC VEHICLE CHARGING FACILITIES AND
GRID INTERACTIVE BUILDINGS, AS WELL AS THERMAL STORAGE DEVICES SUCH AS
GEOTHERMAL BOREHOLES AND LOOPS.
(C) A STATEWIDE GAS SERVICE TRANSITION PLAN. THE COMMISSION SHALL
INITIATE A PROCEEDING AND DIRECT DEPARTMENT OF PUBLIC SERVICE STAFF
TOGETHER WITH NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
TO SOLICIT UTILITY AND STAKEHOLDER INPUT AND DEVELOP A STATEWIDE PLAN TO
GUIDE THE EQUITABLE AND COST-EFFECTIVE TRANSITION OF THE GAS DISTRIB-
UTION INDUSTRY FOR THE PURPOSE OF ACHIEVING THE CLIMATE JUSTICE AND
EMISSION REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW. SUCH STATEWIDE PLAN SHALL (1) DETERMINE, BASED ON THE
BEST AVAILABLE INFORMATION, THE GAS SALES REDUCTIONS NECESSARY TO
ACHIEVE THE TWO THOUSAND THIRTY AND TWO THOUSAND FIFTY GREENHOUSE GAS
EMISSION REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL
CONSERVATION LAW; (2) SET BIENNIAL GAS SALES REDUCTION TARGETS FOR EACH
GAS UTILITY AND DEVELOP A PROCESS FOR INTERIM REVIEW TO UPDATE THESE
TARGETS AS NEW INFORMATION BECOMES AVAILABLE; (3) IDENTIFY AND ANALYZE
VARIOUS EQUITABLE AND COST-EFFECTIVE POLICY PATHWAYS FOR TRANSFORMING
EACH GAS CORPORATION'S DISTRIBUTION SYSTEM AND PROGRAMS TO ACHIEVE THOSE
TARGETS; (4) PROVIDE MEANINGFUL COMPARISONS AMONG GAS CORPORATIONS, GAS
SERVICE AREAS, AND REGIONS WITHIN THE STATE AND THEIR IMPACT ON POTEN-
TIAL TRANSITION TIMELINES ACROSS THE STATE'S GAS DISTRIBUTION INDUSTRY;
AND (5) EVALUATE AND RECOMMEND CONSOLIDATIONS OF ELECTRIC AND GAS UTILI-
S. 8198 10
TY SERVICE TERRITORIES AND ASSETS AND THE DEVELOPMENT OF RATE STRUCTURES
THAT FACILITATE AFFORDABLE ELECTRIFICATION. FOR THE PURPOSES OF THIS
SECTION, AFFORDABLE SHALL MEAN A GOAL OF CUSTOMERS PAYING NO MORE THAN
SIX PERCENT OF THEIR INCOME FOR ENERGY SUPPLY AND DELIVERY.
2. IN DEVELOPING THE STATEWIDE PLAN REFERRED TO IN PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL USE CONSISTENT
METHODS AND CONSIDERATIONS ACROSS ALL INDIVIDUAL GAS CORPORATION
ANALYSES AND SHALL USE CURRENT CUSTOMER, COST, REVENUE, AND GAS PLANT
DATA FROM EACH INDIVIDUAL GAS CORPORATION. THE COMMISSION SHALL UTILIZE
INDEPENDENT EXPERTS AND SHALL NOT RELY SOLELY ON ANALYSIS PROVIDED BY
UTILITIES OR UTILITY-FUNDED STUDIES. ALL SUPPORTING DATA SHALL BE MADE
PUBLICLY AVAILABLE WITH ANY CONFIDENTIALITY REDACTIONS LIMITED TO THE
MAXIMUM EXTENT POSSIBLE.
3. (A) THE STATEWIDE PLAN REFERRED TO IN PARAGRAPH (C) OF SUBDIVISION
ONE OF THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANALYSIS OF
THE FOLLOWING NON-EXCLUSIVE POLICY PATHWAYS:
(1) GEOGRAPHICALLY TARGETED AND STRATEGIC ELECTRIFICATION EFFORTS
COUPLED WITH LIMITATION OR DISCONTINUATION OF GAS SERVICE AND DECOMMIS-
SIONING OF SECTIONS OF THE GAS DISTRIBUTION SYSTEM IMPLEMENTED ON AN
EQUITABLE, ORDERLY, AND TRANSPARENT SCHEDULE THAT IS COMMUNICATED WELL
IN ADVANCE TO AFFECTED CUSTOMERS.
(2) A DISTRICT GEOTHERMAL ENERGY SYSTEMS PATHWAY THAT ANALYSES VARIOUS
OWNERSHIP STRUCTURES FOR DISTRICT GEOTHERMAL SYSTEMS, INCLUDING BUT NOT
LIMITED TO: (I) GAS CORPORATIONS SHIFTING INVESTMENT INTO DISTRICT ENER-
GY SYSTEMS TO MOVE CUSTOMERS AWAY FROM CONSUMING GAS, WHICH SHALL PRES-
ENT A FORECAST, ESTIMATE, OR OTHER QUANTIFICATION OF THE COSTS, RATE
IMPACTS, AND ACTUAL ECONOMY-WIDE GREENHOUSE GAS EMISSIONS REDUCTIONS
INVOLVED IF THE COSTS OF THE DISTRICT ENERGY SYSTEMS ARE COMBINED WITH
THE GAS CORPORATION'S GAS SERVICE AS WELL AS IF THE COSTS ARE KEPT
DISTINCT FROM ITS GAS SERVICE; (II) ELECTRIC CORPORATIONS INVESTING IN
DISTRICT ENERGY SYSTEMS; AND (III) UTILITIES FACILITATING DISTRICT
GEOTHERMAL SYSTEMS OWNED BY THIRD-PARTY PRIVATE COMPANIES, MUNICI-
PALITIES OR THE POWER AUTHORITY OF THE STATE OF NEW YORK.
(3) AN INTEGRATED UTILITY SERVICE PATHWAY THAT ASSUMES ELECTRIC AND
GAS CONSUMPTION, TECHNOLOGIES, PRICES, AND SALES ARE COORDINATED AND
INTEGRATED AMONG DIFFERENT UTILITIES TO FACILITATE AFFORDABLE ELECTRIFI-
CATION OF GAS END USES. THIS APPROACH SHALL ASSUME A STRATEGIC,
GEOGRAPHICALLY TARGETED APPROACH TO ELECTRIFICATION THAT TRANSITIONS
CUSTOMERS SERVED BY A PARTICULAR GAS DISTRIBUTION LINE, AND RETIRES THAT
LINE, WITH PRIORITY FOR RETIREMENT ASSIGNED TO GAS LINES THAT ARE AGING,
LEAKING, OR OTHERWISE DUE TO BE REPLACED.
(B) THE FOLLOWING INFORMATION SHALL BE PROVIDED FOR EACH POLICY PATH-
WAY INCLUDED IN THE STATEWIDE PLAN:
(1) A FORECAST, ESTIMATE, OR OTHER QUANTIFICATION OF THE COSTS AND
ACTUAL ECONOMY-WIDE GREENHOUSE GAS EMISSIONS REDUCTIONS ASSOCIATED WITH
SUCH PATHWAY. THE EVALUATION OF COSTS SHALL INCLUDE THE FOLLOWING: (I)
AN ANALYSIS OF POSSIBLE MECHANISMS, METHODOLOGIES, OR POLICIES TO
ADDRESS THE RECOVERY OF COSTS OR RESPONSIBILITY FOR COST INCURRENCE, AS
WELL AS MITIGATION OF COSTS AND IMPACTS FOR CUSTOMERS, PARTICULARLY
LOW-TO-MODERATE INCOME CUSTOMERS; (II) A FORECAST, ESTIMATE, OR OTHER
QUANTIFICATION OF THE COSTS OF ELECTRIFICATION STRATEGIES, AS WELL AS
OTHER STRATEGIES IDENTIFIED THROUGH THE ANALYSIS; AND (III) FOR EACH
ELECTRIFICATION STRATEGY, A CLEAR AND TRANSPARENT EXPLANATION OF KEY
ASSUMPTIONS USED IN THE ANALYSIS AND A CALCULATION OF GREENHOUSE GAS
EMISSIONS REDUCTIONS, INCLUSIVE OF GREENHOUSE GAS EMISSIONS FROM GENER-
ATION SOURCES.
S. 8198 11
(2) AN ANALYSIS OF QUALITATIVE FACTORS, SUCH AS IMPACTS ON PUBLIC
HEALTH AND SAFETY, RELIABILITY, ECONOMIC DEVELOPMENT, EQUITY, EMISSIONS
AND OTHER AIR POLLUTANT REDUCTIONS, AND TIMING.
(3) AN ANALYSIS OF THE IMPACT ON GAS UTILITY WORKERS AND THE POTENTIAL
FOR THEIR JUST TRANSITION INTO THE ELECTRIFICATION WORKFORCE.
4. THE STATEWIDE PLAN REFERRED TO IN PARAGRAPH (C) OF SUBDIVISION ONE
OF THIS SECTION SHALL INCLUDE THE FOLLOWING ADDITIONAL COST ANALYSES:
(A) THE COSTS, BOTH QUANTITATIVE AND QUALITATIVE, OF CONTINUING EXIST-
ING GAS UTILITY REGULATION WHILE BUILDING DECARBONIZATION OCCURS THROUGH
OTHER EFFORTS SUCH AS BUILDING CODES, APPLIANCE STANDARDS, AND INCEN-
TIVES. THE ANALYSIS SHALL INCLUDE, BUT IS NOT LIMITED TO, A QUANTIFICA-
TION OF STRANDED ASSETS, RATE IMPACTS, WORKER IMPACTS, AND UTILITY
REVENUES, ASSETS, LIABILITIES, AND CREDIT WORTHINESS, AND OTHER UTILITY
TRANSITION COSTS.
(B) AN ANALYSIS OF THE COST OF TRANSITIONING RESIDENTIAL CUSTOMERS TO
ELECTRIC EQUIPMENT NECESSARY TO FACILITATE THE TERMINATION OF THEIR GAS
SERVICE. THIS ANALYSIS SHALL CONSIDER THE SCOPE AND SCALE OF FUNDING
NEEDS TO FACILITATE THIS TRANSITION, EVALUATE HOW AND TO WHAT EXTENT
RATEPAYER FUNDING MAY CONTRIBUTE TO THIS TRANSITION, AND IDENTIFY POTEN-
TIAL ALTERNATIVE SOURCES OF FUNDING THAT MAY BE ABLE TO CONTRIBUTE TO
THIS TRANSITION. THE ANALYSIS SHALL SEPARATELY EVALUATE THE COST OF
FULLY FUNDING THE TRANSITION FOR LOW-TO-MODERATE INCOME RESIDENTIAL
CUSTOMERS.
5. THE COMMISSION SHALL EVALUATE AND DEVELOP A VARIETY OF NEW RATE
STRUCTURES AND RATE CLASSES TO FACILITATE AFFORDABLE ELECTRIFICATION OF
GAS END USES, SUCH AS AN ELECTRIFICATION RATE, A LOW-TO-MODERATE INCOME
RATE CLASS, VOLUNTARY TIME OF USE RATES, VOLUNTARY DEMAND RATES, ELEC-
TRIC VEHICLE CHARGING RATES, RENEWABLE DISTRIBUTED GENERATION RATES AND
OTHER RATE STRUCTURES, AS WELL AS ADDITIONAL BILL ASSISTANCE MEASURES
FOR LOW-TO-MODERATE INCOME CUSTOMERS. IN DEVELOPING NEW RATE STRUCTURES,
THE COMMISSION SHALL HAVE A GOAL OF ENSURING THAT RESIDENTIAL CUSTOMERS
PAY NO MORE THAN SIX PERCENT OF THEIR INCOME FOR ELECTRICITY.
6. IN DEVELOPING THE STATEWIDE PLAN REFERRED TO IN PARAGRAPH (C) OF
SUBDIVISION ONE OF THIS SECTION, THE COMMISSION SHALL ACTIVELY CONSULT
WITH ENVIRONMENTAL JUSTICE COMMUNITIES, DISADVANTAGED COMMUNITIES, AND
OTHER EXPERTS AND STAKEHOLDERS VIA ACCESSIBLE PUBLIC MEETINGS AND HEAR-
INGS HELD IN DIFFERENT LOCATIONS ACROSS NEW YORK. IN DEVELOPING A SCOPE
AND DRAFT OF THE PLAN, THE COMMISSION SHALL HOLD AT LEAST SIX PUBLIC
MEETINGS ACROSS NEW YORK THAT ALLOW FOR INTERACTIVE ENGAGEMENT BETWEEN
MEMBERS OF THE PUBLIC AND DEPARTMENT STAFF. AT LEAST TWO OF THESE MEET-
INGS MUST BE HELD IN THE UPSTATE REGION, TWO MUST BE HELD IN THE DOWN-
STATE REGION, AND ONE MUST BE HELD VIRTUALLY. ONCE A DRAFT PLAN IS
DEVELOPED, AND AT LEAST THREE MONTHS BEFORE THE COMMISSION VOTES ON A
FINAL PLAN, THE DEPARTMENT SHALL HOLD AT LEAST SIX PUBLIC HEARINGS,
INCLUDING AT LEAST TWO IN THE UPSTATE REGION, TWO IN THE DOWNSTATE
REGION, AND ONE VIRTUAL HEARING. SUCH PUBLIC MEETINGS AND PUBLIC HEAR-
INGS SHALL BE PUBLICIZED AT LEAST SIX WEEKS IN ADVANCE IN VARIOUS FORMS
OF MEDIA. AT LEAST HALF OF THE MEETINGS AND HALF OF THE HEARINGS MUST
OFFER SPEAKING TIMES BETWEEN THE HOURS OF SIX PM AND NINE PM. PROVISIONS
FOR TRANSLATION SERVICES, AMERICAN SIGN LANGUAGE INTERPRETATION, CLOSED
CAPTIONING, AND ACCESS TO OTHER ACCOMMODATIONS PROVIDED BY THE AMERICANS
WITH DISABILITIES ACT SHALL BE PROVIDED WHEN REQUESTED WITH SUFFICIENT
ADVANCE NOTICE. MATERIALS SHALL BE MADE PUBLICLY AVAILABLE ON THE
COMMISSION'S WEBSITE, AND THE DRAFT PLAN SHALL BE MADE PUBLICLY AVAIL-
ABLE AT LEAST ONE MONTH BEFORE THE FIRST HEARING. ALL SUPPORTING NON-
CONFIDENTIAL DATA, COST-BENEFIT ANALYSES, FINANCIAL ANALYSES, ENVIRON-
S. 8198 12
MENTAL IMPACT STATEMENTS, AND EMISSIONS ASSESSMENTS SHALL BE MADE
PUBLICLY AVAILABLE.
7. WITHIN SIX MONTHS OF THE ISSUANCE OF THE FINAL STATEWIDE PLAN, EACH
GAS CORPORATION SHALL SUBMIT A PROPOSAL TO THE COMMISSION THAT DETAILS
SUCH CORPORATION'S PLAN FOR ALIGNING ITS GAS SYSTEM WITH THE STATEWIDE
PLAN AND WHICH OUTLINES ITS PLANS FOR ACHIEVING THE GAS SALES REDUCTIONS
NECESSARY FOR THE STATE TO ACHIEVE THE CLIMATE JUSTICE AND EMISSION
REDUCTION TARGETS IN ARTICLE SEVENTY-FIVE OF THE ENVIRONMENTAL CONSERVA-
TION LAW, INCLUDING SPECIFIC INITIATIVES, ACTIONS, AND INTERIM MILE-
STONES.
8. THE COMMISSION SHALL REVISE ITS RULES AND REGULATIONS FOR CONDUCT-
ING BENEFIT-COST ANALYSES TO ENSURE THAT THE METHODOLOGY AND THE BASE
FINANCIAL AND FRAMEWORK ASSUMPTIONS FOR THE ANALYSIS SUPPORT ACHIEVEMENT
OF THE CLIMATE JUSTICE AND EMISSION REDUCTION TARGETS IN ARTICLE SEVEN-
TY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW. SUCH REVISIONS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(A) GREENHOUSE GAS EMISSION REDUCTION TARGETS SHALL BE USED AS A
CONSTRAINT IN DESIGNING THE SCENARIOS TO BE ANALYZED SUCH THAT ALL THE
SCENARIOS SHALL COMPLY WITH THE STATUTORY GREENHOUSE GAS EMISSION
REQUIREMENTS AND ANY INTERIM TARGETS SET BY THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION OR THE COMMISSION.
(B) QUANTIFICATION OF PUBLIC HEALTH IMPACTS FROM IMPROVEMENTS IN AMBI-
ENT AND INDOOR AIR QUALITY. WHEN QUANTITATIVE METRICS ARE NOT POSSIBLE,
QUALITATIVE ANALYSIS SHALL BE INCLUDED.
(C) CONSIDERATION OF THE SIGNIFICANT UNCERTAINTIES AND RISKS ASSOCI-
ATED WITH DIFFERENT SCENARIOS, INCLUDING THE ENVIRONMENTAL IMPACT OF
LEAKED GAS, THE PROLONGED RELIANCE ON THE GAS SYSTEM THAT RESULTS FROM
LONG-LIVED INVESTMENTS IN GAS INFRASTRUCTURE AND GAS-CONSUMING EQUIP-
MENT, AND THE POSITIVE OPTION VALUE ASSOCIATED WITH MEASURES THAT CAN
ELIMINATE OR DEFER THE NEED FOR INVESTMENTS IN GAS INFRASTRUCTURE AND
GAS-CONSUMING EQUIPMENT.
(D) ONLY ATTRIBUTE ALTERNATIVE FUELS WITH EMISSION REDUCTION BENEFITS
UNDER THE BENEFIT-COST ANALYSIS IF THE ENVIRONMENTAL ATTRIBUTES ARE
RETAINED BY THE UTILITY FOR THE BENEFIT OF THE UTILITY'S CUSTOMERS.
(E) USE ACCURATE DEPRECIATION SCHEDULES THAT ASSUME THE FULL VALUE OF
ANY NEW GAS ASSET IS FULLY DEPRECIATED NO LATER THAN TWO THOUSAND FIFTY,
ABSENT DEMONSTRATION THAT THE SPECIFIC ASSET WILL REMAIN IN SERVICE
BEYOND TWO THOUSAND FIFTY, AND EARLIER IF IT IS LIKELY THAT SUCH ASSET
WILL NEED TO BE PHASED OUT OR RETIRED BEFORE TWO THOUSAND FIFTY GIVEN
ANY INTERIM GREENHOUSE GAS EMISSION REDUCTION TARGETS OR GEOGRAPHICALLY
TARGETED STRATEGIC ASSET RETIREMENT.
(F) ASSESS DEMOGRAPHIC IMPACTS BY MEASURING WITH AS MUCH GEOGRAPHIC
GRANULARITY AS POSSIBLE, AND CONSIDERING DIFFERENT LEVELS OF EXPOSURE
AND RISK FACTORS FOR IMPACTS ON DISADVANTAGED COMMUNITIES AND OTHER
POPULATIONS WITH VULNERABILITY TO CHANGES INDUCED BY REGULATION.
9. BY OCTOBER THIRTY-FIRST IN THE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION, AND EACH YEAR THEREAFTER, THE COMMISSION SHALL DELIVER TO THE
LEGISLATURE AND THE GOVERNOR A REPORT ON ITS ACTIONS AND PROGRESS WITH
RESPECT TO THE ITEMS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
10. NOTHING IN THIS CHAPTER OR ANY OTHER LAW OF NEW YORK SHALL BE
INTERPRETED OR OTHERWISE CONSTRUED AS PREEMPTING A MUNICIPALITY FROM
REQUIRING ALL-ELECTRIC BUILDINGS, ZERO-EMISSION BUILDINGS, OR OTHERWISE
PROHIBITING NEW GAS SERVICE CONNECTIONS FOR NEW BUILDINGS AND MAJOR
RENOVATIONS.
§ 14. This act shall take effect immediately.