S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5776
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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, 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. Short title.  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-v to
 read as follows:
   §  66-V.  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-ONE, WITH GAS
 FACILITIES, 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06168-04-3
              

 S. 5776                             2
 
   (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 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-FIVE.
   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-NN OF THE PUBLIC AUTHORITIES
 LAW.
 S. 5776                             3
 
   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:
   § 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-nn to read as follows:
   § 1020-NN. 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-V 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-V 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-ONE AND
 SHALL DELIVER A REPORT OF ITS FINDINGS THEREON TO THE  GOVERNOR,  TEMPO-
 RARY  PRESIDENT  OF THE SENATE AND SPEAKER OF THE ASSEMBLY IN ACCORDANCE
 WITH ALL APPLICABLE PROVISIONS OF  SECTION  SIXTY-SIX-V  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:
 S. 5776                             4
 
   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
 CONDUCTED PURSUANT TO SUBDIVISION ONE  OF  SECTION  SIXTY-SIX-V  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-V OF THE PUBLIC SERVICE LAW.
   § 8. This act shall take effect immediately.