S T A T E O F N E W Y O R K
________________________________________________________________________
9587
I N S E N A T E
October 28, 2022
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public service law, the public authorities law and
the environmental conservation law, in relation to enacting the "coal
to gas plant conversion and redevelopment blueprint act"
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 and may be cited as the "coal to
gas plant conversion and redevelopment blueprint act".
§ 2. The public service law is amended by adding a new section 66-u to
read as follows:
§ 66-U. COAL TO GAS PLANT CONVERSION AND REDEVELOPMENT. 1. THE NEW
YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IS HEREBY AUTHOR-
IZED AND DIRECTED TO:
(A) CONDUCT A STUDY OF COMPETITIVE OPTIONS TO FACILITATE THE PHASE
OUT, REPLACEMENT AND REDEVELOPMENT OF THE STATE'S COAL BURNING FACILI-
TIES AND THEIR SITES BY THE YEAR TWO THOUSAND THIRTY, WITH GAS FACILI-
TIES, AND THE APPROPRIATE TRANSMISSION AND DISTRIBUTION SYSTEMS AND
EQUIPMENT, IF NECESSARY, WHILE ENSURING RESOURCE ADEQUACY AND OTHER
RELIABILITY SERVICES ARE MAINTAINED, AND TO DO SO IN CONSULTATION WITH
THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE LONG
ISLAND POWER AUTHORITY, AND OTHER RELEVANT AGENCIES, AUTHORITIES AND
ENTITIES WITH SUBJECT MATTER EXPERTISE, INCLUDING BUT NOT LIMITED TO THE
FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR, THE NEW YORK STATE
RELIABILITY COUNCIL, AND THE OWNERS OF SUCH FACILITIES. SUCH STUDY SHALL
PRIORITIZE THE REPLACEMENT AND REDEVELOPMENT OF SUCH COAL BURNING FACIL-
ITIES WITH GAS FACILITIES THAT WILL DIRECTLY ASSIST IN ACHIEVING THE
ENERGY, ENVIRONMENTAL JUSTICE AND EMISSIONS REDUCTIONS REQUIREMENTS OF
SECTION SIXTY-SIX-P OF THIS ARTICLE. THE STUDY SHALL INCLUDE RECOMMENDA-
TIONS 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16471-02-2
S. 9587 2
(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 SIXTY-SIX-P OF THIS ARTICLE;
(III) WOULD PROVIDE SIGNIFICANT ENVIRONMENTAL, HEALTH AND OTHER BENE-
FITS TO DISADVANTAGED COMMUNITIES AS DEFINED IN 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) RECEIVE AND UTILIZE NEW OPERATING PLANS TO CONVERT COAL BURNING
PLANTS TO GAS PLANTS;
(C) 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;
(D) ADDRESS PUBLIC COMMENTS AND UPDATE THE STUDY, AS APPROPRIATE,
ESPECIALLY TO ENSURE RESOURCE ADEQUACY AND RELIABILITY SERVICES ARE
MAINTAINED; AND
(E) DELIVER THE STUDY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE AND SPEAKER OF THE ASSEMBLY WITHIN ONE HUNDRED EIGHTY DAYS OF THE
EFFECTIVE DATE OF THIS SECTION.
2. THE DEPARTMENT, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND
THE LONG ISLAND POWER AUTHORITY ARE HEREBY AUTHORIZED AND DIRECTED TO
COMMENCE PROCEEDINGS AND STAKEHOLDER PROCESSES TO ESTABLISH PROGRAMS AND
OTHER INITIATIVES NECESSARY TO CARRY OUT THE STRATEGIES, PROGRAMS, STAN-
DARDS, AND REQUIREMENTS DESCRIBED IN THE STUDY REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION WITHIN SIXTY DAYS OF DELIVERY OF SUCH STUDY TO
THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE
ASSEMBLY.
3. THE COMMISSION IS HEREBY AUTHORIZED AND DIRECTED TO:
(A) COMMENCE A PROCEEDING TO IMPLEMENT THE STRATEGIES, PROGRAMS, STAN-
DARDS, AND REQUIREMENTS DESCRIBED IN THE STUDY REFERRED TO IN SUBDIVI-
SION ONE OF THIS SECTION WITHIN NINETY DAYS OF DELIVERY OF THE STUDY TO
THE GOVERNOR, 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 SUBDIVISION ONE OF THIS SECTION, INCLUDING BUT NOT LIMITED TO ANY
COMPETITIVE PROCUREMENT PROCESSES, NO LATER THAN JULY THIRTIETH, TWO
THOUSAND TWENTY-FOUR.
4. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, RULE OR REGULATION,
BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER, NO
APPROVAL SHALL BE GRANTED FOR ANY MAJOR ELECTRIC GENERATING FACILITY OR
PROJECT THAT IS PROPOSED TO BE POWERED IN WHOLE OR IN PART BY COAL.
5. THE LONG ISLAND POWER AUTHORITY IS HEREBY AUTHORIZED AND DIRECTED
TO ESTABLISH A PROGRAM IN ITS SERVICE TERRITORY CONSISTENT WITH THE
AUTHORIZATION AND DIRECTION OF THE COMMISSION IN ACCORDANCE WITH THIS
SECTION AND SECTION ONE THOUSAND TWENTY-MM OF THE PUBLIC AUTHORITIES
LAW.
6. THE DEPARTMENT MAY ESTABLISH A FUND AND FUNDING SYSTEM, PROVIDING
FOR GRANTS, LOANS AND INCENTIVES TO AID IN THE OPERATING PLANS TO
CONVERT COAL BURNING PLANTS TO GAS PLANTS.
§ 3. The public service law is amended by adding a new section 168-a
to read as follows:
S. 9587 3
§ 168-A. BOARD DECISIONS; COAL BURNING FACILITIES. NOTWITHSTANDING ANY
CONTRARY PROVISION OF SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE,
OR ANY OTHER CONTRARY PROVISION OF THIS CHAPTER OR ANY OTHER LAW, RULE
OR REGULATION, BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND THER-
EAFTER, NO CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR
OPERATION OF A FACILITY SUBJECT TO THE PROVISIONS OF THIS ARTICLE,
EITHER AS PROPOSED OR AS MODIFIED, SHALL BE GRANTED BY THE BOARD FOR ANY
FACILITY THAT IS POWERED OR PROPOSED TO BE POWERED IN WHOLE OR IN PART
BY COAL.
§ 4. Section 168 of the public service law is amended by adding a new
subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION, OR ANY
OTHER CONTRARY PROVISION OF THIS CHAPTER OR ANY OTHER LAW, RULE OR REGU-
LATION, BEGINNING ON THE EFFECTIVE DATE OF THIS SUBDIVISION AND THERE-
AFTER NO CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR OPERA-
TION OF ANY FACILITY SUBJECT TO THE PROVISIONS OF THIS ARTICLE, EITHER
AS PROPOSED OR AS MODIFIED, SHALL BE GRANTED BY THE BOARD FOR ANY SUCH
FACILITY THAT IS POWERED OR PROPOSED TO BE POWERED IN WHOLE OR IN PART
BY COAL.
§ 5. The public authorities law is amended by adding a new section
1020-mm to read as follows:
§ 1020-MM. COAL TO GAS PLANT CONVERSION AND REDEVELOPMENT. 1. THE
AUTHORITY, THE DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION ARE HEREBY 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 COAL TO GAS PLANT CONVERSION AND REDE-
VELOPMENT STUDY REQUIRED PURSUANT TO SECTION SIXTY-SIX-U OF THE PUBLIC
SERVICE LAW NO LATER THAN SIXTY DAYS FOLLOWING THE DELIVERY OF SUCH
STUDY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF
THE ASSEMBLY PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION
SIXTY-SIX-U OF THE PUBLIC SERVICE LAW.
2. THE AUTHORITY SHALL ESTABLISH A PROGRAM IN ITS SERVICE TERRITORY
CONSISTENT WITH THE AUTHORIZATION AND DIRECTION OF THE PUBLIC SERVICE
COMMISSION IN ACCORDANCE WITH SUBDIVISIONS THREE AND FIVE OF SECTION
SIXTY-SIX-U OF THE PUBLIC SERVICE LAW.
§ 6. The public authorities law is amended by adding a new section
1874 to read as follows:
§ 1874. COAL TO GAS PLANT CONVERSION AND REDEVELOPMENT. THE AUTHORITY
SHALL, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC SERVICE, THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE LONG ISLAND POWER AUTHORI-
TY AND OTHER RELEVANT STATE AGENCIES AND AUTHORITIES WITH SUBJECT MATTER
EXPERTISE, CONDUCT A STUDY OF COMPETITIVE OPTIONS TO FACILITATE THE
PHASE OUT, REPLACEMENT AND REDEVELOPMENT OF COAL BURNING FACILITIES AND
THEIR SITES INTO GAS PLANTS BY THE YEAR TWO THOUSAND THIRTY AND SHALL
DELIVER A REPORT OF ITS FINDINGS THEREON TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY IN ACCORDANCE WITH
ALL APPLICABLE PROVISIONS OF SECTION SIXTY-SIX-U OF THE PUBLIC SERVICE
LAW.
§ 7. Section 19-0301 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
6. THE DEPARTMENT, THE DEPARTMENT OF PUBLIC SERVICE AND THE LONG
ISLAND POWER AUTHORITY ARE HEREBY DIRECTED TO COMMENCE PROCEEDINGS AND
STAKEHOLDER PROCESSES TO ESTABLISH PROGRAMS AND OTHER INITIATIVES NECES-
SARY TO CARRY OUT THE STRATEGIES, PROGRAMS, STANDARDS, AND REQUIREMENTS
DESCRIBED IN THE COAL TO GAS PLANT CONVERSION AND REDEVELOPMENT STUDY
S. 9587 4
CONDUCTED PURSUANT TO SUBDIVISION ONE OF SECTION SIXTY-SIX-U OF THE
PUBLIC SERVICE LAW NO LATER THAN SIXTY DAYS FOLLOWING THE DELIVERY OF
SUCH STUDY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND SPEAK-
ER OF THE ASSEMBLY PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF
SECTION SIXTY-SIX-U OF THE PUBLIC SERVICE LAW.
§ 8. This act shall take effect immediately.