S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9894
 
                             I N  S E N A T E
 
                              August 23, 2024
                                ___________
 
 Introduced  by  Sen.  STEC  --  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  the  public
   service law, in relation to directing the public service commission to
   conduct  a  full  cost  benefit analysis of the technical and economic
   feasibility of renewable energy systems in the state of New  York  and
   to  compare such directly with other methods of electricity generation
   and makes certain changes relating to greenhouse gas emissions limits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  1  of section 75-0107 of the environmental
 conservation law, as added by chapter  106  of  the  laws  of  2019,  is
 amended and a new subdivision 5 is added to read as follows:
   1.  No  later  than one year after the effective date of this article,
 the department shall, pursuant  to  rules  and  regulations  promulgated
 after  at least one public hearing, establish a statewide greenhouse gas
 emissions limit as a percentage of 1990 emissions, as estimated pursuant
 to section 75-0105 of this article, as follows:
   a. [2030] 2040: 60% of 1990 emissions.
   b. [2050] 2060: 15% of 1990 emissions.
   5. THE DEPARTMENT MAY TEMPORARILY SUSPEND OR  MODIFY   THE  GREENHOUSE
 GAS  EMISSIONS  LIMITS UNDER  SUCH  PROGRAM  PROVIDED  THAT  THE DEPART-
 MENT, AFTER CONDUCTING A PUBLIC HEARING, MAKES A FINDING THAT THE GREEN-
 HOUSE GAS EMISSIONS LIMITS IMPEDES THE PROVISION OF  SAFE  AND  ADEQUATE
 ELECTRIC  SERVICE AND/OR THE DEPARTMENT, IN CONSULTATION WITH THE PUBLIC
 SERVICE COMMISSION, FINDS THAT THE IMPLEMENTATION  OF  THE  LIMITS  WILL
 INCREASE UTILITY RATES IN EXCESS OF FIVE PERCENT.
   §  2.  Subdivisions 2 and 4 of section 66-p of the public service law,
 as added by chapter 106 of the laws of 2019,  are  amended  to  read  as
 follows:
   2.  No later than June thirtieth, two thousand twenty-one, the commis-
 sion shall establish a program to require that: (a) a minimum of seventy
 percent of the state wide electric generation secured by  jurisdictional
 load  serving entities to meet the electrical energy requirements of all
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16062-01-4
 S. 9894                             2
 
 end-use customers in New York state in two thousand [thirty] FORTY shall
 be generated by renewable energy systems; and (b) that by the  year  two
 thousand [forty] FIFTY (collectively, the "targets") the statewide elec-
 trical  demand  system  will  be  zero  emissions.  In establishing such
 program, the commission shall consider and  where  applicable  formulate
 the program to address impacts of the program on safe and adequate elec-
 tric  service  in the state under reasonably foreseeable conditions. The
 commission may, in designing the  program,  modify  the  obligations  of
 jurisdictional  load  serving entities and/or the targets upon consider-
 ation of the factors described in this subdivision.
   4. The commission may temporarily suspend or  modify  the  obligations
 under  such  program  provided  that  the commission, after conducting a
 hearing as provided in section twenty of this chapter, makes  a  finding
 that  the  program  impedes  the provision of safe and adequate electric
 service; the program is likely to impair existing obligations and agree-
 ments; and/or that there is a significant increase in arrears or service
 disconnections that the commission determines is related to the program;
 AND/OR THE COMMISSION FINDS THAT THE IMPLEMENTATION OF THE PROGRAM  WILL
 INCREASE UTILITY RATES IN EXCESS OF FIVE PERCENT.
   §  3. Subdivision 1 of section 137 of the public service law, as added
 by section 11 of part O of chapter 58 of the laws of 2024, is amended to
 read as follows:
   1. "CLCPA targets" shall mean the public policies established  in  the
 climate  leadership  and community protection act enacted in chapter one
 hundred six of the laws of two  thousand  nineteen,  including  but  not
 limited  to  the  requirement  that  a minimum of seventy percent of the
 statewide electric generation be produced by renewable energy systems by
 two thousand [thirty] FORTY, that by the year two thousand [forty] FIFTY
 the statewide electrical demand system will generate zero emissions, and
 the procurement of at least nine gigawatts of offshore wind  electricity
 generation  by  two  thousand thirty-five, six gigawatts of photovoltaic
 solar generation by two thousand twenty-five and to support three  giga-
 watts of statewide energy storage capacity by two thousand thirty.
   § 4. The public service law is amended by adding a new section 66-x to
 read as follows:
   §  66-X.  SUPPLEMENTAL  STUDY  OF  THE  COSTS, BENEFITS, TECHNICAL AND
 ECONOMIC FEASIBILITY OF MEETING THE NEW YORK  STATE  CLIMATE  LEADERSHIP
 AND COMMUNITY PROTECTION ACT RENEWABLE ENERGY TARGETS. 1. NOT LATER THAN
 NINE  MONTHS  AFTER  THE  EFFECTIVE DATE OF THIS SECTION, AND EVERY FOUR
 YEARS THEREAFTER, THE COMMISSION, ON BEHALF OF THE CLIMATE ACTION  COUN-
 CIL  ESTABLISHED  BY  SECTION  75-0103 OF THE ENVIRONMENTAL CONSERVATION
 LAW, AND IN CONSULTATION WITH THE PRESIDENT OF THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY ("NYSERDA") AND THE PRESIDING OFFICER
 OF THE FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR, IN  CONSULTA-
 TION  WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL CONDUCT,
 PUBLISH AND UPDATE A COMPREHENSIVE STUDY TO DETERMINE THE  COSTS,  BENE-
 FITS  AND OVERALL ECONOMIC FEASIBILITY OF MEETING THE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT  ("CLCPA")  TARGETS  FOR  RENEWABLE  ENERGY
 SYSTEMS  AND ZERO EMISSIONS SOURCES IN NEW YORK STATE PURSUANT TO SUBDI-
 VISION TWO OF SECTION SIXTY-SIX-P OF  THIS  ARTICLE  AND  THE  STATEWIDE
 GREENHOUSE  EMISSION LIMITS WITHIN SUBDIVISION ONE OF SECTION 75-0107 OF
 THE ENVIRONMENTAL CONSERVATION LAW, AND  SHALL  PUBLISH  EACH  STUDY  ON
 NYSERDA'S WEBSITE.
   2. SUCH STUDY SHALL INCLUDE A FULL COST BENEFIT ANALYSIS ASSESSING THE
 FOLLOWING, INCLUDING, BUT NOT LIMITED TO:
 S. 9894                             3
 
   (A)  THE  CURRENT STATE OF TECHNOLOGY IN PLACE FOR ELECTRIC GENERATION
 AS OF THE DATE OF THE STUDY, AS WELL  AS  NEW  AND  EMERGING  GENERATION
 METHODS  AS  NEW  ENERGY  TECHNOLOGIES  AS DEFINED BY SUBDIVISION TEN OF
 SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW;
   (B)  THE  IMPACT  OF CLCPA RENEWABLE ENERGY TARGET COMPLIANCE ON ELEC-
 TRICITY WHOLESALE PRICES, DELIVERY RATES AND  TOTAL  BILLS  THAT  ENERGY
 CONSUMERS  IN THIS STATE WILL PAY, INCLUDING INDIRECT ENERGY COSTS. THIS
 ANALYSIS SHALL INCLUDE THE IMPACTS OF SUBSIDIES TO SITE  LAND-BASED  AND
 OFFSHORE  RENEWABLE  ENERGY  PROJECTS,  THE  BUILD-OUT  OF  THE ELECTRIC
 INFRASTRUCTURE TO RECEIVE AND TRANSMIT  RENEWABLE  POWER,  SUBSIDIES  OF
 ENERGY  STORAGE  PROJECTS, AND THE ADDITION OF NEW LOADS ASSOCIATED WITH
 DEEP ELECTRIFICATION EFFORTS IN THE RESIDENTIAL, COMMERCIAL,  INDUSTRIAL
 AND  TRANSPORTATION  SECTORS, AND THE ADDITION OF NEW LOADS FOR ECONOMIC
 DEVELOPMENT.  THIS ANALYSIS SHALL ADDRESS BOTH SHORT-TERM AND  LONG-TERM
 MAINTENANCE COSTS;
   (C)  DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE TRANSITION TO HEAT-
 ING AND COOLING PROVIDED BY  HEAT  PUMPS  POWERED  BY  RENEWABLE  ENERGY
 SYSTEMS;
   (D) THE CURRENT CIVILIAN STATE OF THE ART IN NUCLEAR REACTOR TECHNOLO-
 GY AND THE ROLE SUCH TECHNOLOGY COULD PLAY IN THE TRANSITION TO A CLEAN-
 ER,  MORE  RELIABLE,  AND  MORE  RESILIENT  ENERGY PORTFOLIO IN NEW YORK
 STATE;
   (E) THE IMPACT OF RENEWABLE ENERGY SYSTEMS ON THE RELIABILITY  OF  THE
 ELECTRIC  SYSTEM  IN  THIS  STATE, INCLUDING BUT NOT LIMITED TO, VOLTAGE
 SAGS AND HOW  RELIABILITY  SHALL  BE  MAINTAINED  WHEN  SOLAR  AND  WIND
 RESOURCES  ARE  NOT  GENERATING POWER, AND HOW RELIABILITY WILL BE MAIN-
 TAINED IF FAST-RAMPING GAS-FIRED GENERATION IS PHASED OUT;
   (F) COSTS AND LOGISTICAL ISSUES ASSOCIATED WITH  END-OF-LIFE  DISPOSAL
 OF RENEWABLE ENERGY SYSTEM COMPONENTS;
   (G)  SHORT-TERM  AND  LONG-TERM COSTS ASSOCIATED WITH BUILDING-OUT AND
 MAINTAINING ADEQUATE ENERGY STORAGE AND/OR BATTERY CAPACITY FOR  PERIODS
 WHEN RENEWABLE ENERGY SYSTEMS ARE INTERMITTENT;
   (H)  DIRECT  AND  INDIRECT  TRANSPORTATION  COSTS ASSOCIATED WITH SUCH
 MATTERS AS CHARGING STATION INFRASTRUCTURE, A MORATORIUM ON GAS PIPELINE
 CONSTRUCTION, AND OVER-THE-ROAD TRANSPORT OF GOODS, SUCH  AS  PERISHABLE
 AGRICULTURAL PRODUCTS;
   (I)  THE  IMPACT  OF  CLCPA  COMPLIANCE  ON NATURAL GAS MARKET PRICES,
 DELIVERY RATES AND TOTAL BILLS THAT ENERGY CONSUMERS IN THIS STATE  WILL
 PAY  INCLUDING  BUT  NOT LIMITED TO SHORT-TERM AND LONG-TERM MAINTENANCE
 COSTS;
   (J) THE IMPACT CLCPA COMPLIANCE HAS ON THE RELIABILITY OF THE  NATURAL
 GAS  SYSTEM IN THIS STATE AND ITS ABILITY TO SUPPORT MANUFACTURING PROC-
 ESSES FOR WHICH TODAY THERE ARE NO KNOWN  REPLACEMENT  FUELS.  CONSIDER-
 ATION  SHALL  BE  GIVEN TO THE FOLLOWING: THE UTILIZATION AND DEPENDENCE
 UPON NATURAL GAS BY MANUFACTURERS FOR PROCESS PURPOSES; THE  UTILIZATION
 AND  DEPENDENCE ON NATURAL GAS SERVICE FOR COOKING BY THE RESTAURANT AND
 FOOD-SERVICE INDUSTRY, DUE TO THE ABILITY OF GAS  RANGES  AND  OVENS  TO
 HEAT  FOODS  MORE  EVENLY  THAN  THEIR ELECTRIC COUNTERPARTS; THE USE OF
 NATURAL GAS FOR HEATING IN FORTY-SIX PERCENT OF HOUSEHOLDS IN THE NORTH-
 EAST; AND RELIABLE AND AFFORDABLE ALTERNATIVES  FOR  HEATING  AND  OTHER
 SERVICES CURRENTLY SUPPLIED BY NATURAL GAS;
   (K)  CLARIFICATION OF THE IMPACT OF CLCPA COMPLIANCE ON INDUSTRIAL USE
 OF FOSSIL FUELS; AND
   (L) AN EXAMINATION OF THE LAND USE  IMPLICATIONS  OF  MAJOR  RENEWABLE
 ELECTRIC GENERATING FACILITIES IN THE STATE, BOTH FROM THE STANDPOINT OF
 S. 9894                             4
 
 TOURISM  AND  THIS STATE'S TOURISM-BASED ECONOMIC SECTORS, AND POTENTIAL
 EFFECTS ON THE VIABILITY OF AGRICULTURE IN THIS STATE.
   3.  SUCH  STUDY  SHALL  BUILD  UPON  RELEVANT EXPERTISE ALREADY AT THE
 COMMISSION'S DISPOSAL, ALONG WITH THAT OF THE CLIMATE ACTION COUNCIL.
   4. THE DEPARTMENT, ON BEHALF OF THE COMMISSION, SHALL CONTRACT WITH AN
 INDEPENDENT AND  COMPETITIVELY-SELECTED  CONSULTANT  TO  UNDERTAKE  SUCH
 STUDY.
   5.  THE  DEPARTMENT,  AND  ANY  CONTRACTORS  IT  MAY  RETAIN  FOR SUCH
 PURPOSES, SHALL CONSULT WITH ENTITIES THAT HAVE RESOURCES AND  EXPERTISE
 TO  ASSIST  IN SUCH STUDY, INCLUDING, BUT NOT LIMITED TO, ACADEMIC PART-
 NERS, ELECTRIC CORPORATIONS,  ELECTRICITY  GENERATING  COMPANIES,  TRADE
 ORGANIZATIONS, ENVIRONMENTAL JUSTICE GROUPS, AND OTHER STAKEHOLDERS.
   6.  UPON  COMPLETION  OF  THE  INITIAL  STUDY  AND  EACH UPDATED STUDY
 CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION,  THE  DEPARTMENT
 SHALL  PREPARE  A REPORT ON SUCH STUDY'S FINDINGS, INCLUDING RECOMMENDA-
 TIONS FOR FUTURE COURSES OF ACTION AND/OR THOSE ISSUES REQUIRING FURTHER
 INVESTIGATION.  THE COMMISSION SHALL TRANSMIT SUCH REPORT ALONG WITH THE
 STUDY TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY  LEADER
 OF  THE  ASSEMBLY,  THE  TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY
 LEADER OF THE SENATE, THE CHAIR OF THE ASSEMBLY  ENERGY  COMMITTEE,  THE
 RANKING MEMBER OF THE ASSEMBLY ENERGY COMMITTEE, THE CHAIR OF THE SENATE
 ENERGY  AND  TELECOMMUNICATIONS COMMITTEE, AND THE RANKING MEMBER OF THE
 SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE NO LATER THAN THIRTY DAYS
 AFTER THE STUDY'S COMPLETION.
   7. THE LONG ISLAND POWER AUTHORITY AND  THE  POWER  AUTHORITY  OF  THE
 STATE  OF  NEW  YORK ARE AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY
 THEIR RESPECTIVE BOARDS, TO MAKE A VOLUNTARY  CONTRIBUTION  TOWARD  THIS
 STUDY.
   8.  UPON RECEIPT OF THE REPORT OF THE STUDY'S FINDINGS, THE COMMISSION
 SHALL, WITHIN NINETY DAYS, PROMULGATE RULES  AND  REGULATIONS  NECESSARY
 FOR EFFECTUATING THE INTENT OF THE RECOMMENDATIONS MADE BY THE REPORT.
   9.  THE COMMISSION SHALL USE THE REPORT'S FINDINGS AND RECOMMENDATIONS
 TO DETERMINE WHETHER, HOW AND ON WHAT TIMETABLE TO  MODIFY  THE  TARGETS
 WITHIN SUBDIVISION TWO OF SECTION SIXTY-SIX-P OF THIS ARTICLE.
   §  5.  This act shall take effect immediately, provided, however, that
 the amendments to subdivision 1 of section 137 of the public service law
 made by section three of this act shall not affect the  repeal  of  such
 subdivision and shall be deemed to be repealed therewith.