NY State Senate Bill 2021-S4098

Senate Bill S4098

2021-2022 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

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Feb 02, 2021	referred to energy and telecommunications

co-Sponsors

2021-S4098 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Energy Conservation
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8809
2023-2024: S4944

2021-S4098 (ACTIVE) - 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.

2021-S4098 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4098

SPONSOR: PARKER
 
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:

2019/20 S8809A - ORDERED TO THIRD READING CAL.1025 PASSED SENATE DELIV-
ERED TO ASSEMBLY referred to environmental conservation
 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately and expire and be deemed repealed
on and after April 1, 2022.

2021-S4098 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4098
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, SKOUFIS -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and Telecommunications
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08333-01-1

 S. 4098                             2
 
 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
 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, 2022.

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Senate Bill S4098

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Sponsored By

Kevin S. Parker