NY State Senate Bill 2023-S8060

Senate Bill S8060

Signed By Governor

2023-2024 Legislative Session

Relates to regulation of closed-loop boreholes installed for the purpose of facilitating a geothermal heating or cooling system

download bill text pdf

Current Bill Status - Signed by Governor

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
Feb 13, 2024	signed chap.87 delivered to governor
Feb 06, 2024	returned to senate passed assembly
Feb 05, 2024	ordered to third reading cal.295 substituted for a8565
Jan 23, 2024	referred to environmental conservation delivered to assembly passed senate
Jan 08, 2024	ordered to third reading cal.48
Jan 05, 2024	referred to rules

Votes

- Jan 23, 2024 - Floor Vote
  S8060
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 23, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Griffo
      
      excused (2)
      
      Oberacker
      
      Walczyk
  Jan 8, 2024 - Rules Committee Vote
  S8060
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 8, 2024
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Lanza

2023-S8060 (ACTIVE) - Details

See Assembly Version of this Bill:: A8565
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §1, Chap of 2023 (as proposed in S.6604 & A.6949); amd §§23-0305 & 23-1903, En Con L

2023-S8060 (ACTIVE) - Summary

Directs regulation of closed-loop boreholes installed for the purpose of facilitating a geothermal heating or cooling system by December 31, 2024.

2023-S8060 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8060

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law and a chapter of the
laws of 2023 amending the environmental conservation law relating to
exempting certain geothermal boreholes at depths beyond five hundred
feet from certain requirements, as proposed in legislative bills numbers
S. 6604 and A. 6949, in relation to regulation of certain closed-loop
boreholes installed for the purpose of facilitating a geothermal heating
or cooling system

 
PURPOSE OR GENERAL IDEA OF BILL:

This is a chapter amendment that makes changes to provisions of Chapter
483 of the laws of 2023 to provide the Department of Environmental
Conservation (DEC) with the authority to regulate closed-loop geothermal
boreholes over 500 feet deep in a manner more consistent with industry
standards.

 
SUMMARY OF PROVISIONS:

Section 1 makes technical and conforming changes to the legislative
findings and declaration of the underlying chapter.

Section 2 authorizes DEC to regulate closed-loop geothermal boreholes
deeper than 500 feet.

Section 3 provides DEC with authority to establish reasonable fees for
such boreholes.

Sections 4 sets the effective date.

 
JUSTIFICATION:

This legislation provides for negotiated changes to the underlying chap-
ter to authorize DEC to regulate closed-loop geothermal boreholes over
500 feet deep in a manner more consistent with industry standards.

 
PRIOR LEGISLATIVE HISTORY:

This is a chapter amendment to Chapter 483 of the Laws of 2023. S.6604
passed the Senate in June 2023 and A.6949 passed the Assembly in May
2023.

 
FISCAL IMPLICATIONS:

Additional regulatory effort can be absorbed within existing agency
resources. This bill may result in additional revenue as compared to the
underlying chapter due to the fees to be collected by DEC.

 
EFFECTIVE DATE:
Immediately, provided that section 1 will take effect on the same date
and in the same manner as the underlying chapter.

2023-S8060 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8060
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the environmental conservation law and a chapter of  the
   laws  of  2023 amending the environmental conservation law relating to
   exempting certain geothermal boreholes at depths beyond  five  hundred
   feet  from  certain  requirements,  as  proposed  in legislative bills
   numbers S. 6604 and A. 6949, in  relation  to  regulation  of  certain
   closed-loop  boreholes  installed  for  the  purpose of facilitating a
   geothermal heating or cooling system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 4 and 5 of section 1 of a chapter of the laws
 of 2023 amending the environmental conservation law relating to  exempt-
 ing certain geothermal boreholes at depths beyond five hundred feet from
 certain  requirements,  as proposed in legislative bills numbers S. 6604
 and A. 6949, are amended to read as follows:
   4. [Extension of the] APPROPRIATE permitting rules [currently  applied
 to  closed-loop  geothermal systems less than five hundred feet deep to]
 FOR closed-loop geothermal boreholes deeper than five hundred feet  will
 reduce  the  cost  of  meeting New York state's building decarbonization
 requirements by nearly $9.9 billion by 2050; reduce the cost of  meeting
 the  state's  goal of electrifying one million homes by 2030 by approxi-
 mately $900 million; and reduce the cost  of  electrifying  85%  of  the
 state's  building  stock  by  approximately  $9 billion between 2030 and
 2050, in 2023 dollars.  In  nominal  dollars,  the  total  cost  savings
 increase to $16.3 billion by 2050.
   5.  [Extension of the] APPROPRIATE permitting rules [currently applied
 to closed-loop geothermal systems less than five hundred  feet  deep  to
 such] FOR FACILITATING CLOSED-LOOP GEOTHERMAL boreholes deeper than five
 hundred feet will obviate unnecessary technical and permitting barriers,
 open  new  markets  to clean heating and cooling technologies in densely
 populated regions, and enable drastically increased leverage of  federal
 funding to meet New York state's emissions reductions targets.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10951-03-4

 S. 8060                             2
 
   §  2. Section 23-0305 of the environmental conservation law is amended
 by adding a new subdivision 15 to read as follows:
   15.  THE  DEPARTMENT  IS  AUTHORIZED  TO  REGULATE FOR THE PURPOSES OF
 PROTECTING NATURAL RESOURCES AND THE ENVIRONMENT OR  PUBLIC  HEALTH  AND
 SAFETY,  CLOSED-LOOP  BOREHOLES  DEEPER THAN FIVE HUNDRED FEET BELOW THE
 EARTH'S SURFACE INSTALLED FOR THE PURPOSE OF FACILITATING  A  GEOTHERMAL
 HEATING  OR  COOLING SYSTEM AND NO LATER THAN DECEMBER THIRTY-FIRST, TWO
 THOUSAND TWENTY-FOUR SHALL PROMULGATE REGULATIONS RELATING TO SUCH BORE-
 HOLES, AND MAY UPDATE SUCH REGULATIONS FROM TIME TO TIME. WHEN  REGULAT-
 ING  SUCH  CLOSED-LOOP BOREHOLES, THE DEPARTMENT SHALL CONSIDER RELEVANT
 PREVAILING INDUSTRY STANDARDS.
   § 3. Section 23-1903 of the environmental conservation law is  amended
 by adding a new subdivision 3 to read as follows:
   3.  THE  DEPARTMENT  SHALL  HAVE THE AUTHORITY TO ESTABLISH REASONABLE
 FEES BY RULE FOR CLOSED-LOOP BOREHOLES DEEPER  THAN  FIVE  HUNDRED  FEET
 BELOW  THE  EARTH'S  SURFACE  PURSUANT TO SUBDIVISION FIFTEEN OF SECTION
 23-0305 OF THIS ARTICLE TO BE CREDITED TO THE OIL AND GAS ACCOUNT ESTAB-
 LISHED UNDER CHAPTER FIFTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED  EIGHT-
 Y-TWO  FOR  THE  PURPOSES  OF ENVIRONMENTAL PROTECTION OR GREENHOUSE GAS
 EMISSION REDUCTION.
   § 4. This act shall take effect immediately, provided however  section
 one  of  this  act  shall  take  effect on the same date and in the same
 manner as a chapter of the  laws  of  2023  amending  the  environmental
 conservation  law  relating to exempting certain geothermal boreholes at
 depths beyond five hundred feet from certain requirements,  as  proposed
 in legislative bills numbers S. 6604 and A. 6949, takes effect.

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