NY State Senate Bill 2019-S8809A

Senate Bill S8809A

2019-2020 Legislative Session

Relates to establishing a heightened review of new permits for the operation of certain electric generation facilities to ensure consistency with state public interest standards

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 23, 2020	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1025
Jul 20, 2020	print number 8809a
Jul 20, 2020	amend and recommit to rules referred to rules

Votes

- Jul 23, 2020 - Floor Vote
  S8809A
  
  42
  
  Aye
  
  18
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 23, 2020
      
      aye (42)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (18)
      
      Akshar
      
      Amedore
      
      Borrello
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      LaValle
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Jul 22, 2020 - Rules Committee Vote
  S8809A
  
  17
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 22, 2020
      
      aye (17)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      nay (2)
      
      Little
      
      Ortt

Bill Amendments

Original

A (Active)

2019-S8809 - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Energy Conservation
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4098
2023-2024: S4944

2019-S8809 - Summary

Establishes a heightened review of new permits for the operation of certain electric generation facilities to ensure consistency with state public interest standards and consistency with the state's ability to meet targets and goals in the climate leadership and community protection act.

2019-S8809 - Sponsor Memo

                                
 
BILL NUMBER: S8809

SPONSOR: METZGER
 
TITLE OF BILL:

An act to establish a heightened review of new permits for the operation
of certain electric generation facilities to ensure consistency with
state public interest standards; and providing for the repeal of such
provisions upon the expiration thereof

 
SUMMARY OF PROVISIONS:

Section 1 is the legislative intent.

Section 2 amends unconsolidated law to require the department of envi-
ronmental conservation (DEC) to deny a new permit for the operation of
an electric generating station powered by natural gas or any carbon fuel
unless the facility demonstrates that the station can operate in the
public interest, which includes operating within the state's climate
goals and avoiding impacts that negatively affect public health or safe-
ty, agriculture, viewshed, tourism and recreational opportunities, or
community character. The DEC shall make a written determination on

whether the facility is in the public interest only after a public hear-
ing and comment period.

Section 3 establishes the effective date.

 
JUSTIFICATION:

This bill will require a new level of review for power plants that burn
fossil fuels within the Town of Wawayanda, in Orange County.  This new
level of review is essential to ensure conformity with the goals of the
Climate Leadership and Community Protection Act (CLCPA), signed into law
in July 2019, as well as to protect the health and well-being of the
people of Wawayanda and surrounding communities and the economic vitali-
ty of the region. In recognition of the dangerous impacts of the burning
of fossil fuels on the global climate, the CLCPA requires the elimi-
nation of fossil fuel-based generation entirely by 2040, with an interim
goal of meeting 70 percent of the state's electricity needs from renewa-
ble resources by 2030. Within this context, new permits for fossil fuel-
based generation enable continued reliance on fuels that are considered
contrary to state goals instead of encouraging renewable alternatives.
Furthermore, the granting of permits for such facilities should meet a
public interest standard, and should not be permitted if such facilities
could adversely affect public health, community character, or the
economic vitality of surrounding communities.

Passage of this legislation will best ensure that the public interest
will be protected and that the state's climate goals will be achieved.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and expire and be deemed repealed
on and after December 31, 2020.

2019-S8809 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8809
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to establish a heightened review of new permits for the operation
   of certain electric generation facilities to ensure  consistency  with
   state  public interest standards; and providing for the repeal of such
   provisions upon the expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It is the intent of this legislature to
 further  the  protection  of  the  Hudson Valley region from the adverse
 effects of electric generation from fossil fuels in the Town of Wawayan-
 da. Such adverse effects include emissions of carbon  dioxide,  methane,
 and other pollutants that contribute to climate change, noise pollution,
 and  damaging impacts on health, agriculture, tourism, viewshed, and the
 character of the surrounding community. Orange county  is  home  to  the
 "Black Dirt Region," an agriculturally significant region famous for its
 production  of  onions, among other products, and is also home to impor-
 tant recreational and tourist attractions, and ongoing review of facili-
 ty operations should take into account whether the  electric  generating
 facility's operation is in the public interest.
   §  2.  Notwithstanding  any  law to the contrary, for any permit deci-
 sions, excluding renewals, issued after the effective date of this  act,
 the  department  of  environmental  conservation shall not issue any new
 permits for the operation of an electric generating station  powered  by
 natural  gas  or any other carbon fuel unless such facility demonstrates
 that the station can operate in the  public  interest  by  demonstrating
 that its operation is consistent with the state's climate goals and does
 not  negatively  affect  public health or safety, agriculture, viewshed,
 tourism and recreational  opportunities,  or  community  character.  The
 department  of environmental conservation shall issue a written determi-
 nation on whether the facility is in the public interest  only  after  a
 public hearing and comment period.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed on and after December 31, 2020.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17009-02-0

co-Sponsors

2019-S8809A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Energy Conservation
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4098
2023-2024: S4944

2019-S8809A (ACTIVE) - Summary

2019-S8809A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8809a           REVISED 08/24/2020

SPONSOR: METZGER
 
TITLE OF BILL:

An act to establish a heightened review of new permits for the operation
of certain electric generation facilities to ensure consistency with
state public interest standards; and providing for the repeal of such
provisions upon the expiration thereof

 
SUMMARY OF PROVISIONS:

Section 1 is the legislative intent.

Section 2 amends unconsolidated law to require the department of envi-
ronmental conservation (DEC) to deny a new permit, or any permit renewal
for a facility that is located in a county with a population of not less
than three hundred fifty thousand and not more than four hundred thou-
sand, for the operation of an electric generating facility powered by
natural gas or any carbon fuel unless the facility demonstrates that it
can operate in the public interest, which includes operating consistent
with and not substantially impeding or interfering with the state's

ability to meet the targets and goals in the climate leadership and
community protection act (CLCPA) and not negatively affecting public
health or safety, agriculture, viewshed, noise pollution, tourism and
recreational opportunities, community character, or environmental
justice communities. The DEC shall make a written determination on
whether the facility is in the public interest only after a public hear-
ing and comment period.

Section 3 establishes the effective date.

 
JUSTIFICATION:

This bill will require the department of environmental conservation to
deny a permit to a fracked-gas power plant unless the permit applicant
can prove the facility will operate in the public interest.  This new
level of review is essential to ensure conformity with the targets and
goals of the Climate Leadership and Community Protection Act (CLCPA),
signed into law in July 2019, as well as to protect the economy and the
health and well-being of the people of New York. In recognition of the
dangerous impacts of the burning of fossil fuels on the global climate,
the CLCPA requires the elimination of fossil fuel-based generation
entirely by 2040, with an interim goal of meeting 70 percent of the
state's electricity needs from renewable resources by 2030. Within this
context, new permits for fossil fuel-based generation enable continued
reliance on fuels that are considered contrary to state goals instead of
encouraging renewable alternatives. Furthermore, the granting of permits
for such facilities should meet a public interest standard, and should
not be permitted if such facilities could adversely affect public health
and quality of life, community character, or the economic vitality of
surrounding communities.

Passage of this legislation will best ensure that the public interest
will be protected and that the state's climate goals will be achieved.

 
PRIOR LEGISLATIVE HISTORY:

New bill
 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and expire and be deemed repealed
on and after April 1, 2021.

2019-S8809A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8809--A
 
                             I N  S E N A T E
 
                               July 20, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to establish a heightened review of new permits for the operation
   of  certain  electric generation facilities to ensure consistency with
   state public interest standards; and providing for the repeal of  such
   provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. It is the intent of this legislature to
 further the protection of the Hudson  Valley  region  from  the  adverse
 effects of electric generation from fossil fuels in the Town of Wawayan-
 da.  Such  adverse effects include emissions of carbon dioxide, methane,
 and other pollutants that contribute to climate change, noise pollution,
 and damaging impacts on health, agriculture, tourism, viewshed, and  the
 character  of  the  surrounding  community. Orange county is home to the
 "Black Dirt Region," an agriculturally significant region famous for its
 production of onions, among other products, and is also home  to  impor-
 tant recreational and tourist attractions, and ongoing review of facili-
 ty  operations  should take into account whether the electric generating
 facility's operation is in the public interest.
   § 2. Notwithstanding any law to the contrary, for any permit decisions
 issued after the effective date of this act, the department of  environ-
 mental  conservation  shall  not  issue  any  new permits, or any permit
 renewal for a facility subject to this act that is located in  a  county
 with  a population of not less than three hundred fifty thousand and not
 more than four hundred thousand as determined by the most recent  United
 States  census,  for  the  operation  of an electric generating facility
 powered by natural gas or any other carbon  fuel  unless  such  facility
 demonstrates that it can operate in the public interest by demonstrating
 that  its  operation  (i)  is consistent with and will not substantially
 impede or interfere with the state's ability to  meet  the  targets  and
 goals  in  the  climate  leadership and protection act and (ii) does not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD17009-03-0

 S. 8809--A                          2
 
 negatively affect public health or safety, agriculture, viewshed,  noise
 pollution,  tourism  and recreational opportunities, community character
 or environmental justice communities.  The department  of  environmental
 conservation shall issue a written determination on whether the facility
 is  in the public interest only after a public hearing and comment peri-
 od.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on and after April 1, 2021.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.