NY State Senate Bill 2021-S5939A

Senate Bill S5939A

2021-2022 Legislative Session

Prohibits the development of any new major electric generating facilities that would be powered in whole or in part by any fossil fuel

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Jan 18, 2022	advanced to third reading
Jan 12, 2022	2nd report cal.
Jan 11, 2022	1st report cal.121
Jan 05, 2022	referred to energy and telecommunications
May 04, 2021	print number 5939a
May 04, 2021	amend and recommit to energy and telecommunications
Mar 23, 2021	referred to energy and telecommunications

Votes

- Jan 11, 2022 - Energy And Telecommunications Committee Vote
  S5939A
  
  2
  
  Aye
  
  3
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Energy And Telecommunications Committee Vote: Jan 11, 2022
      
      aye (2)
      
      Hinchey
      
      Parker
      
      nay (3)
      
      Boyle
      
      O'Mara
      
      Ritchie
      
      aye wr (4)
      
      Gaughran
      
      Harckham
      
      Kavanagh
      
      Kennedy

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S5939 - Details

See Assembly Version of this Bill:: A6761
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§160, 162 & 172, Pub Serv L; amd §19-0311, En Con L

2021-S5939 - Summary

Prohibits the development of any new major electric generating facilities that would be powered in whole or in part by any fossil fuel, unless the developer of such facility can demonstrate a need for such facility, and that there is no other reasonable method to satisfy such need.

2021-S5939 - Sponsor Memo

                                
 
BILL NUMBER: S5939

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public service law and the environmental conserva-
tion law, in relation to prohibiting the development of any new major
electric generating facilities that would be powered in whole or in part
by any fossil fuel

 
PURPOSE OR GENERAL IDEA OF BILL:

To reduce the carbon footprint of New York State and meet emissions
reductions goals set by the Climate Leadership and Community Protection
Act (CLPCA).

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the "Clean Futures Act"

Section 2: Adds subdivision 10 to section 160 of the public service law

to include the definition of fossil fuel, coal, fuel gases, and petrole-
um products.

Section 3: Adds subdivision 6 to section 162 of public service law to
prohibit the New York state board on electric generation siting and the
environment from issuing a certificate for the development of any new
major electric generating facility that would be powered in whole or in
part by any fossil fuel.

The section states that the board may approve such development if the
following conditions are met 1) the existence of a reliability need 2)
the unavailability of existing transmission system upgrades to meet that
reliability need 3) evidence that this development would meet the reli-
ability need and 4) evidence that the documented reliability need cannot
be addressed within an appropriate time frame by any combination of
renewable energy upgrades.  This section further requires that any writ-
ten communication between an applicant and the board concerning a
proposed major electric generating facility will be made publicly avail-
able on the department's website in order to increase accountability.

Section 4: Adds subdivisions 3 and 4 to section 172 of the public
service law to prohibit the department of environmental conservation
from issuing any permit authorized pursuant to subdivision one of this
section or issued pursuant to section 19-0311 of environmental conserva-
tion law for any major electric generating facility that would be
powered in whole or in part by any fossil fuel unless the developer of
the major facility has satisfied the conditions of subdivision 6 of
section 162 of public service law.  Furthermore, this section requires
that any written communication between an applicant for a permit pursu-
ant to subdivision one of this section and the DEC shall be made public-
ly available on the DEC's website.

Section 5: Adds subdivision 6 to section 19-0311 of environmental
conservation law to prohibit the DEC from issuing permits that would
violate section 172 of public service law. This section further requires
any written communications between an applicant for such a permit and
the department to be made publicly available on the department's
website.
Section 6: Adds an immediate effective date.

 
JUSTIFICATION:

Due to passage of the crucial Climate Leadership and Community
Protection Act (CLCPA), New York has 19 years to transition to an emis-
sions-free grid. The CLCPA mandates that New York State achieve a 70%
renewable energy grid by 2030, a zero-emission grid by 2040, and near-
elimination of all greenhouse gases by 2050.

We are already reliant on fossil fuel generation for 68 percent of the
state's generating capacity. Many fossil fuel-powered plants are located
in or near low-income communities and disproportionately affect the
health of these communities. Communities historically burdened by air
pollution from fossil fuel plants cannot afford to trade one gas plant
for another -- public health and climate justice principles demand that
no new gas or other fossil fuel plants be sited in these communities, or
any others in our state.  We will not achieve the CLCPA's electric
sector, job creation, or equity goals if we continue to build new gas
plants -- however, the Department of Environmental Conservation (DEC)
and the New York State Board on Electric Generation Siting and the Envi-
ronment (Siting Board) continue to process permits for major new fossil
fuel power plants across our state.

Construction of new fossil fuel plants is not aligned with the pollution
reduction goals of the CLCPA. New York must instead devote its resources
to rapidly phasing out existing oil and gas from the grid and replacing
them with solutions like improved transmission, utility-scale and
distributed renewable energy, demand-side and energy efficiency meas-
ures, and battery storage.

This legislation bans the approval of such projects immediately by
giving state agencies the authority to reject regressive energy projects
that would slow down a just transition.

Additionally, this legislation is comprehensive in that it disallows the
permitting of all new major facilities that burn fossil fuels, not just
those that sell power to the energy grid.

In the event that the applicant for a new large fossil fuel-burning
plant can show that the energy grid cannot adequately meet demands with-
in the relevant time frame by any combination of transmission, energy
storage, zero carbon electric generation, demand response, and energy
efficiency, this bill includes a transparent process by which the appli-
cant may request an exception to the ban.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5939 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5939
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to amend the public service law and the environmental conserva-
   tion law, in relation to prohibiting the development of any new  major
   electric  generating  facilities  that would be powered in whole or in
   part by any fossil fuel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "clean futures act".
   § 2. Section 160 of the public service law is amended by adding a  new
 subdivision 10 to read as follows:
   10.  "FOSSIL  FUEL"  MEANS  COAL,  PETROLEUM PRODUCTS, AND FUEL GASES.
 "COAL" SHALL INCLUDE BITUMINOUS  COAL,  ANTHRACITE  COAL,  AND  LIGNITE.
 "FUEL  GASES"  SHALL INCLUDE BUT NOT BE LIMITED TO METHANE, NATURAL GAS,
 LIQUEFIED NATURAL GAS, AND MANUFACTURED FUEL GASES. "PETROLEUM PRODUCTS"
 SHALL INCLUDE ALL PRODUCTS REFINED OR REREFINED FROM SYNTHETIC OR  CRUDE
 OIL  OR OIL EXTRACTED FROM OTHER SOURCES, INCLUDING NATURAL GAS LIQUIDS.
 PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL AFFECT THE EXCLUSION FOR
 PUBLIC UTILITY SERVICES SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   § 3. Section 162 of the public service law is amended by adding a  new
 subdivision 6 to read as follows:
   6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
 BEGINNING  UPON  THE  EFFECTIVE DATE OF THIS SUBDIVISION THE BOARD SHALL
 NOT ISSUE A CERTIFICATE FOR ANY MAJOR ELECTRIC GENERATING FACILITY  THAT
 WOULD BE POWERED IN WHOLE OR IN PART BY ANY FOSSIL FUEL.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, THE BOARD MAY
 ISSUE A CERTIFICATE FOR A MAJOR ELECTRIC GENERATING FACILITY POWERED  IN
 WHOLE  OR IN PART BY ANY FOSSIL FUEL IF BOTH OF THE FOLLOWING CONDITIONS
 ARE MET:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10500-05-1

 S. 5939                             2
 
   (I) THE DEVELOPER OF SUCH MAJOR  ELECTRIC  GENERATING  FACILITY  SHALL
 PROVIDE  TO  THE BOARD, THE COMMISSION, AND THE COMMISSIONER OF ENVIRON-
 MENTAL CONSERVATION, AN ATTESTATION IN WRITING, SIGNED BY BOTH NEW  YORK
 INDEPENDENT  SYSTEM  OPERATOR  AND THE APPROPRIATE NEW YORK TRANSMISSION
 OWNER OR PUBLIC AUTHORITY, ATTESTING TO:
   (1) THE EXISTENCE OF A RELIABILITY NEED;
   (2)  THE  UNAVAILABILITY  OF  EITHER LOCAL OR BULK TRANSMISSION SYSTEM
 UPGRADES THAT WOULD ADDRESS SUCH RELIABILITY NEED; AND
   (3) SUCH MAJOR ELECTRIC GENERATING FACILITY WOULD RESOLVE  SUCH  RELI-
 ABILITY NEED; AND
   (II)  THE  DEVELOPER  OF SUCH MAJOR ELECTRIC GENERATING FACILITY SHALL
 DEMONSTRATE TO THE SATISFACTION OF THE BOARD, THE  COMMISSION,  AND  THE
 COMMISSIONER OF ENVIRONMENTAL CONSERVATION THAT THE EXISTING RELIABILITY
 NEED  CANNOT BE ADDRESSED WITHIN AN APPROPRIATE TIME FRAME BY ANY COMBI-
 NATION OF TRANSMISSION, ENERGY STORAGE, ZERO CARBON ELECTRIC GENERATION,
 DEMAND RESPONSE, AND/OR ENERGY EFFICIENCY.
   (C) ANY WRITTEN COMMUNICATION  BETWEEN  AN  APPLICANT  AND  THE  BOARD
 CONCERNING  A  PROPOSED MAJOR ELECTRIC GENERATING FACILITY SHALL BE MADE
 PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   § 4. Section 172 of the public service law is amended  by  adding  two
 new subdivisions 3 and 4 to read as follows:
   3.  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SHALL NOT ISSUE ANY
 PERMIT OTHERWISE AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 OR ISSUED PURSUANT TO SECTION 19-0311 OF THE ENVIRONMENTAL  CONSERVATION
 LAW, FOR ANY MAJOR ELECTRIC GENERATING FACILITY THAT WOULD BE POWERED IN
 WHOLE  OR IN PART BY ANY FOSSIL FUEL, UNLESS THE DEVELOPER OF SUCH MAJOR
 ELECTRIC GENERATING FACILITY HAS SATISFIED THE  PROVISIONS  OF  SUBPARA-
 GRAPHS  (I)  AND (II) OF PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION ONE
 HUNDRED SIXTY-TWO OF THIS ARTICLE.
   4. ANY WRITTEN COMMUNICATION BETWEEN AN APPLICANT FOR A PERMIT  PURSU-
 ANT  TO  SUBDIVISION  ONE OF THIS SECTION AND THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION SHALL BE MADE PUBLICLY AVAILABLE ON  THE  DEPARTMENT
 OF CONSERVATION'S WEBSITE.
   §  5. Section 19-0311 of the environmental conservation law is amended
 by adding a new subdivision 6 to read as follows:
   6. NO PERMIT SHALL BE ISSUED UNDER  THIS  SECTION  THAT  WOULD  BE  IN
 VIOLATION OF SUBDIVISION THREE OF SECTION ONE HUNDRED SEVENTY-TWO OF THE
 PUBLIC  SERVICE LAW. ANY WRITTEN COMMUNICATIONS BETWEEN AN APPLICANT FOR
 SUCH A PERMIT AND THE DEPARTMENT SHALL BE MADE PUBLICLY AVAILABLE ON THE
 DEPARTMENT'S WEBSITE.
   § 6. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S5939A (ACTIVE) - Details

See Assembly Version of this Bill:: A6761
Current Committee:: Senate Rules
Law Section:: Public Service Law
Laws Affected:: Amd §§160, 162 & 172, Pub Serv L; amd §19-0311, En Con L

2021-S5939A (ACTIVE) - Summary

2021-S5939A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5939A

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the public service law and the environmental conserva-
tion law, in relation to prohibiting the development of any new major
electric generating facilities that would be powered in whole or in part
by any fossil fuel

 
PURPOSE OR GENERAL IDEA OF BILL:

To reduce the carbon footprint of New York State and meet emissions
reductions goals set by the Climate Leadership and Community Protection
Act (CLPCA).

 
SUMMARY OF PROVISIONS:

Section 1: Establishes the "Clean Futures Act"

Section 2: Adds subdivision 10 to section 160 of the public service law
to include the definition of fossil fuel, coal, fuel gases, and petrole-

um products.

Section 3: Adds subdivision 6 to section 162 of public service law to
prohibit the New York state board on electric generation siting and the
environment from issuing a certificate for the development of any new
major electric generating facility that would be powered in whole or in
part by any fossil fuel.

The section states that the board may approve such development if the
following conditions are met 1) the existence of a reliability need
2)the unavailability of existing transmission system upgrades to meet
that reliability need 3) evidence that this development would meet the
reliability need and 4) evidence that the documented reliability need
cannot be addressed within an appropriate time frame by any combination
of renewable energy upgrades. This section further requires that any
written communication between an applicant and the board concerning a
proposed major electric generating facility will be made publicly avail-
able on the department's website in order to increase accountability.

Section 4: Adds subdivisions 3 and 4 to section 172 of the public
service law to prohibit the department of environmental conservation
from issuing any permit authorized pursuant to subdivision one of this
section or issued pursuant to section 19-0311 of environmental conserva-
tion law for any major electric generating facility that would be
powered in whole or in part by any fossil fuel unless the developer of
the major facility has satisfied the conditions of subdivision 6 of
section 162 of public service law.  Furthermore, this section requires
that any written communication between an applicant for a permit pursu-
ant to subdivision one of this section and the DEC shall be made public-
ly available on the DEC's website.

Section 5: Adds subdivision 6 to section 19-0311 of environmental
conservation law to prohibit the DEC from issuing permits that would
violate section 172 of public service law. This section further requires
any written communications between an applicant for such a permit and
the department to be made publicly available on the department's
website.
Section 6: Adds an immediate effective date.

 
JUSTIFICATION:

Due to passage of the crucial Climate Leadership and Community
Protection Act (CLCPA), New York has 19 years to transition to an emis-
sions-free grid. The CLCPA mandates that New York State achieve a 70%
renewable energy grid by 2030, a zero-emission grid by 2040, and near
elimination of all greenhouse gases by 2050.

We are already reliant on fossil fuel generation for 68 percent of the
state's generating capacity. Many fossil fuel-powered plants are located
in or near low-income communities and disproportionately affect the
health of these communities. Communities historically burdened by air
pollution from fossil fuel plants cannot afford to trade one gas plant
for another -- public health and climate justice principles demand that
no new gas or other fossil fuel plants be sited in these communities, or
any others in our state. We will not achieve the CLCPA's electric
sector, job creation, or equity goals if we continue to build new gas
plants -- however, the Department of Environmental Conservation (DEC)
and the New York State Board on Electric Generation Siting and the Envi-
ronment (Siting Board) continue to process permits for major new fossil
fuel power plants across our state.

Construction of new fossil fuel plants is not aligned with the pollution
reduction goals of the CLCPA. New York must instead devote its resources
to rapidly phasing out existing oil and gas from the grid and replacing
them with solutions like improved transmission, utility-scale and
distributed renewable energy, demand-side and energy efficiency meas-
ures, and battery storage.

This legislation bans the approval of such projects immediately by
giving state agencies the authority to reject regressive energy projects
that would slow down a just transition.

Additionally, this legislation is comprehensive in that it disallows the
permitting of all new major facilities that burn fossil fuels, not just
those that sell power to the energy grid.

In the event that the applicant for a new large fossil fuel-burning
plant can show that the energy grid cannot adequately meet demands with-
in the relevant time frame by any combination of transmission, energy
storage, zero carbon electric generation, demand response, and energy
efficiency, this bill includes a transparent process by which the appli-
cant may request an exception to the ban.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5939A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5939--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sens. RAMOS, BAILEY, BRISPORT, BROUK, GIANARIS, HINCHEY,
   JACKSON, KAVANAGH, MYRIE -- read twice and ordered printed,  and  when
   printed  to  be  committed to the Committee on Energy and Telecommuni-
   cations -- committee discharged, bill amended,  ordered  reprinted  as
   amended and recommitted to said committee

 AN  ACT  to amend the public service law and the environmental conserva-
   tion law, in relation to prohibiting the development of any new  major
   electric  generating  facilities  that would be powered in whole or in
   part by any fossil fuel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "clean futures act".
   § 2. Section 160 of the public service law is amended by adding a  new
 subdivision 10 to read as follows:
   10.  "FOSSIL  FUEL"  MEANS  COAL,  PETROLEUM PRODUCTS, AND FUEL GASES.
 "COAL" SHALL INCLUDE BITUMINOUS  COAL,  ANTHRACITE  COAL,  AND  LIGNITE.
 "FUEL  GASES"  SHALL INCLUDE BUT NOT BE LIMITED TO METHANE, NATURAL GAS,
 LIQUEFIED NATURAL GAS, AND MANUFACTURED FUEL GASES. "PETROLEUM PRODUCTS"
 SHALL INCLUDE ALL PRODUCTS REFINED OR REREFINED FROM SYNTHETIC OR  CRUDE
 OIL  OR OIL EXTRACTED FROM OTHER SOURCES, INCLUDING NATURAL GAS LIQUIDS.
 PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL AFFECT THE EXCLUSION FOR
 PUBLIC UTILITY SERVICES SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   § 3. Section 162 of the public service law is amended by adding a  new
 subdivision 6 to read as follows:
   6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
 BEGINNING  UPON  THE  EFFECTIVE DATE OF THIS SUBDIVISION THE BOARD SHALL
 NOT ISSUE A CERTIFICATE FOR ANY MAJOR ELECTRIC GENERATING FACILITY  THAT
 WOULD BE POWERED IN WHOLE OR IN PART BY ANY FOSSIL FUEL.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, THE BOARD MAY
 ISSUE A CERTIFICATE FOR A MAJOR ELECTRIC GENERATING FACILITY POWERED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10500-06-1

 S. 5939--A                          2
 
 WHOLE  OR IN PART BY ANY FOSSIL FUEL IF BOTH OF THE FOLLOWING CONDITIONS
 ARE MET:
   (I)  THE  DEVELOPER  OF  SUCH MAJOR ELECTRIC GENERATING FACILITY SHALL
 PROVIDE TO THE BOARD, THE COMMISSION, AND THE COMMISSIONER  OF  ENVIRON-
 MENTAL  CONSERVATION, AN ATTESTATION IN WRITING, SIGNED BY BOTH NEW YORK
 INDEPENDENT SYSTEM OPERATOR AND THE APPROPRIATE  NEW  YORK  TRANSMISSION
 OWNER OR PUBLIC AUTHORITY, ATTESTING TO:
   (1)  THE  EXISTENCE  OF A RELIABILITY NEED.   FOR THE PURPOSES OF THIS
 SUBDIVISION, A "RELIABILITY NEED"  MEANS  AN  ELECTRICITY  SYSTEM  NEED,
 WHICH  IF UNMET WOULD RESULT IN A VIOLATION OF A NORTH AMERICAN ELECTRIC
 RELIABILITY CORPORATION MANDATORY STANDARD;
   (2) THE UNAVAILABILITY OF EITHER LOCAL  OR  BULK  TRANSMISSION  SYSTEM
 UPGRADES THAT WOULD ADDRESS SUCH RELIABILITY NEED; AND
   (3)  SUCH  MAJOR ELECTRIC GENERATING FACILITY WOULD RESOLVE SUCH RELI-
 ABILITY NEED; AND
   (II) THE DEVELOPER OF SUCH MAJOR ELECTRIC  GENERATING  FACILITY  SHALL
 DEMONSTRATE  TO  THE  SATISFACTION OF THE BOARD, THE COMMISSION, AND THE
 COMMISSIONER OF ENVIRONMENTAL CONSERVATION THAT THE EXISTING RELIABILITY
 NEED CANNOT BE ADDRESSED WITHIN AN APPROPRIATE TIME FRAME BY ANY  COMBI-
 NATION OF TRANSMISSION, ENERGY STORAGE, ZERO CARBON ELECTRIC GENERATION,
 DEMAND RESPONSE, AND/OR ENERGY EFFICIENCY.
   (C)  ANY  WRITTEN  COMMUNICATION  BETWEEN  AN  APPLICANT AND THE BOARD
 CONCERNING A PROPOSED MAJOR ELECTRIC GENERATING FACILITY SHALL  BE  MADE
 PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   §  4.  Section  172 of the public service law is amended by adding two
 new subdivisions 3 and 4 to read as follows:
   3. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL  NOT  ISSUE  ANY
 PERMIT OTHERWISE AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 OR  ISSUED PURSUANT TO SECTION 19-0311 OF THE ENVIRONMENTAL CONSERVATION
 LAW, FOR ANY MAJOR ELECTRIC GENERATING FACILITY THAT WOULD BE POWERED IN
 WHOLE OR IN PART BY ANY FOSSIL FUEL, UNLESS THE DEVELOPER OF SUCH  MAJOR
 ELECTRIC  GENERATING  FACILITY  HAS SATISFIED THE PROVISIONS OF SUBPARA-
 GRAPHS (I) AND (II) OF PARAGRAPH (B) OF SUBDIVISION SIX OF  SECTION  ONE
 HUNDRED SIXTY-TWO OF THIS ARTICLE.
   4.  ANY WRITTEN COMMUNICATION BETWEEN AN APPLICANT FOR A PERMIT PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION AND THE  DEPARTMENT  OF  ENVIRON-
 MENTAL  CONSERVATION  SHALL BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT
 OF CONSERVATION'S WEBSITE.
   § 5. Section 19-0311 of the environmental conservation law is  amended
 by adding a new subdivision 6 to read as follows:
   6.  NO  PERMIT  SHALL  BE  ISSUED  UNDER THIS SECTION THAT WOULD BE IN
 VIOLATION OF SUBDIVISION THREE OF SECTION ONE HUNDRED SEVENTY-TWO OF THE
 PUBLIC SERVICE LAW. ANY WRITTEN COMMUNICATIONS BETWEEN AN APPLICANT  FOR
 SUCH A PERMIT AND THE DEPARTMENT SHALL BE MADE PUBLICLY AVAILABLE ON THE
 DEPARTMENT'S WEBSITE.
   § 6. This act shall take effect immediately.

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Senate Bill S5939A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2021-S5939 - Details

2021-S5939 - Summary

2021-S5939 - Sponsor Memo

2021-S5939 - Bill Text download pdf

co-Sponsors

2021-S5939A (ACTIVE) - Details

2021-S5939A (ACTIVE) - Summary

2021-S5939A (ACTIVE) - Sponsor Memo

2021-S5939A (ACTIVE) - Bill Text download pdf

Comments