S T A T E O F N E W Y O R K
________________________________________________________________________
8405--B
Cal. No. 715
I N S E N A T E
February 23, 2022
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading -- again
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT relating to the development of a blueprint to guide the replace-
ment and redevelopment of New York's oldest and most-polluting fossil
fuel facilities and their sites by 2030
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known as the "fossil fuel facilities
replacement and redevelopment blueprint act".
§ 2. Legislative findings and statement of purpose. The legislature
hereby finds, determines and declares:
(a) New York state, especially New York city, is reliant on fossil
fuels for energy production, making the transition to renewable sources
for the downstate electricity system key to achieving the requirements
of section 4 of the New York state climate leadership and community
protection act, including that seventy percent of the state's electric-
ity be from renewable energy sources by the year 2030 and that one
hundred percent of the state's electricity be from zero-emission sources
by the year 2040. A particular challenge is the reliance on fossil fuel
generation facilities that only operate when electricity demand peaks
above the average usage.
(b) New York state is committed to the responsible replacement and
redevelopment of its fossil fuel power plants that currently ensure
resource adequacy in the state, especially in locations where the health
benefits to historically disadvantaged communities can be maximized, and
where the cost effective phasing-out of such facilities can be done
while helping to ensure a just transition for the existing workforce.
(c) A public policy purpose would be served and the interests of the
people of the state would be advanced by directing the New York state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14767-04-2
S. 8405--B 2
energy research and development authority, in consultation with the
department of public service and department of environmental conserva-
tion, to develop a study of strategies to facilitate the replacement and
redevelopment of New York's oldest and most-polluting fossil fuel facil-
ities and their sites by 2030, while ensuring resource adequacy, with
renewable energy systems as defined in paragraph (b) of subdivision 1 of
section 66-p of the public service law, energy storage systems, and
electricity transmission and distribution systems and equipment.
(d) It is the intent of the legislature in enacting this act to
empower the New York state energy research and development authority,
department of public service, and department of environmental conserva-
tion, to develop a study as described in subdivision (a) of section
three of this act, and for those entities and the public service commis-
sion, and any other agencies or authorities of the state as may be
required, to commence any proceedings or other initiatives necessary to
carry out the strategies described therein.
§ 3. The New York state energy research and development authority is
authorized and directed to:
(a) develop a study of competitive options to facilitate the phase
out, replacement and redevelopment of New York state's oldest and most-
polluting fossil fuel facilities and their sites by the year 2030, with
renewable energy systems as defined in paragraph (b) of subdivision 1 of
section 66-p of the public service law, energy storage systems, and
electricity transmission and distribution systems and equipment, while
ensuring resource adequacy and other reliability services are main-
tained, and to do so in consultation with the department of public
service, department of environmental conservation, Long Island power
authority, and other relevant state agencies and authorities with
subject matter expertise, the federally designated electric bulk system
operator, the New York State Reliability Council, and the owners of such
facilities. The study should prioritize the replacement and redevelop-
ment of such fossil fuel facilities with facilities that will directly
assist in achieving the energy, environmental justice and emissions
reductions requirements of section 66-p of the public service law. The
study shall include recommendations of standards and requirements that:
(i) would significantly reduce the state's electricity system reliance
on fossil fuels, taking into account the requirements and timing of the
state's emission reduction programs;
(ii) would establish a competitive program to promote private sector
investment in eligible technologies that the public service commission
has determined, after notice and provision for the opportunity to
comment, ensure resource adequacy, while achieving the requirements of
section 66-p of the public service law;
(iii) would provide significant environmental, health and other bene-
fits to disadvantaged communities as such communities will be defined
under section 75-0111 of the environmental conservation law; and
(iv) would have significant potential for job creation and retention,
economic development, and just transition opportunities benefiting New
Yorkers and the state's workforce;
(b) provide public notice of the study and an opportunity for
public comment on the study of not less than sixty days and conduct at
least two public hearings on the study, with such public hearings
offering video participation and accessibility;
(c) address public comments and update the study, as appropriate,
especially to ensure resource adequacy and reliability services are
maintained; and
S. 8405--B 3
(d) deliver the study to the governor, temporary president of the
senate and speaker of the assembly within 180 days of the effective date
of this section.
§ 4. The department of public service, department of environmental
conservation, and Long Island power authority are authorized and
directed to commence proceedings and stakeholder processes to establish
programs and other initiatives necessary to carry out the strategies,
programs, standards, and requirements described in the study referred to
in section three of this act within 60 days of delivery of the study to
the governor, temporary president of the senate and speaker of the
assembly.
§ 5. The public service commission is authorized and directed to:
(a) commence a proceeding to implement the strategies, programs, stan-
dards, and requirements described in the study referred to in section
three of this act within 90 days of delivery of the study to the gover-
nor, temporary president of the senate and speaker of the assembly; and,
(b) issue an order regarding implementation of the strategies,
programs, standards, and requirements described in the study referred to
in section three of this act, including but not limited to any compet-
itive procurement processes, no later than July 30, 2023.
§ 6. The Long Island power authority is authorized and directed to
establish a program in its service territory consistent with the author-
ization and direction of the public service commission in section five
of this act, and the objectives of this act.
§ 7. This act shall take effect immediately.
