S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2935
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 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 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. Short title.  This act shall be known and may be  cited  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.
                                                            LBD06171-02-3
              

 S. 2935                             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. 2935                             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, 2024.
   §  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2935--A
     Cal. No. 237
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 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
 
 AN ACT enacting the "just energy transition 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 "just energy transition 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.
   (b) New York state is committed to  the  responsible  replacement  and
 redevelopment  of its fossil fueled generation facilities that currently
 ensure resource adequacy in the state, especially in locations where the
 health benefits to historically disadvantaged communities can  be  maxi-
 mized,  and  where the cost effective phasing-out of such facilities can
 be done while helping to ensure a just transition for the existing work-
 force.
   (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
 energy research and development  authority,  in  consultation  with  the
 department of public service and the department of environmental conser-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06171-03-3
 S. 2935--A                          2
 
 vation,  to  continue the development of the study commenced in 2022, as
 referenced in the climate action council scoping plan of  strategies  to
 facilitate  the  replacement  and redevelopment of New York's oldest and
 most-polluting  fossil  fueled  generation facilities 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 the climate action council
 scoping plan and paragraph (c) of section  three  of  this  act  in  the
 manner  authorized  and  directed herein, and for those entities and the
 public service commission, and any other agencies or authorities of  the
 state  as  may  be required, to commence any proceedings or other initi-
 atives 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  fueled  generation  facilities and their sites by the
 year 2030, with options that  include  but  are  not  limited  to  those
 described in the scoping plan issued by the climate action council under
 section  75-0103 of the environmental conservation law, 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 trans-
 mission and distribution systems and equipment, while ensuring  resource
 adequacy  and other reliability services are maintained, and to do so in
 consultation with the department of public service,  the  department  of
 environmental conservation, Long Island power authority, and other rele-
 vant  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  redevelopment  of  such fossil fueled
 generation 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
 address the phase-out of at least four gigawatts of fossil fueled gener-
 ation  statewide  capacity in total and prioritize those facilities that
 only operate when electricity usage is highest. The study shall  include
 recommendations of standards and requirements that:
   (i)  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) establish a competitive program to promote private sector invest-
 ment  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) provide significant environmental, health and other benefits  to
 disadvantaged  communities  as  such  communities  will be defined under
 section 75-0111 of the environmental conservation law; and
   (iv) have  significant  potential  for  job  creation  and  retention,
 economic  development,  and just transition opportunities benefiting New
 Yorkers and the state's workforce, as  described  in  the  scoping  plan
 S. 2935--A                          3

 issued  by the climate action council under section 75-0103 of the envi-
 ronmental conservation law; and
   (v)  ensure  the  availability of assistance under the electric gener-
 ation facility cessation mitigation fund established  in  section  1  of
 part BB of chapter 58 of the laws of 2016 to any local government entity
 impacted  by  the  replacement and redevelopment of fossil fueled gener-
 ation facilities under this section;
   (b) provide  public  notice  of  the  study, and ensure the results of
 the study are made easily accessible to members of disadvantaged  commu-
 nities,  as defined in section 75-0101 of the environmental conservation
 law, and provide an opportunity for public comment on the study  of  not
 less  than  sixty  days and conduct at least two  public hearings on the
 study, of which at least one shall be held in disadvantage  communities,
 as defined in section 75-0101 of the environmental conservation law 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
   (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, the department of environmental
 conservation, and Long Island power authority shall commence proceedings
 and stakeholder processes to establish programs  and  other  initiatives
 necessary to carry out the strategies, programs, standards, and require-
 ments  described  in  the study referred to in section three of this act
 within 60 days of delivery of the study to the governor, temporary pres-
 ident of the senate and speaker of the assembly.
   § 5. The public service commission shall:
   (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 no later than July 30, 2024. Such order
 shall at a minimum:
   (i) direct the New York state energy research and development authori-
 ty to implement a competitive award process to facilitate  the  replace-
 ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
 generation facilities statewide while maintaining reliability consistent
 with the recommendations of the study pursuant to section three of  this
 act; and
   (ii)  direct  that  with  respect  to  the  competitive  award process
 required, the only eligible electricity  generation  from  hydroelectric
 facilities  shall  be electricity that is generated from non-state-owned
 low impact run-of-river facilities that provide a year-round electricity
 capacity resource.
   § 6. The Long Island power authority  shall  establish  a  program  or
 programs  in its service territory consistent with the recommendation of
 the  study  conducted  pursuant  to  section  three  of  this  act,  the
 provisions of section five of this act, and the objectives of this act.
   § 7. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2935--C
     Cal. No. 237
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced by Sens. PARKER, GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL,
   JACKSON,  MARTINEZ,  MYRIE, RAMOS, SEPULVEDA -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications  --  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 -- again amended and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT enacting the "just energy transition 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 "just energy transition 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.
   (b)  New  York  state  is committed to the responsible replacement and
 redevelopment of its fossil fueled generation facilities that  currently
 ensure resource adequacy in the state, especially in locations where the
 health  benefits  to historically disadvantaged communities can be maxi-
 mized, and where the cost effective phasing-out of such  facilities  can
 be done while helping to ensure a just transition for the existing work-
 force.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06171-08-3
 S. 2935--C                          2
 
   (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
 energy  research  and  development  authority,  in consultation with the
 department of public service and the department of environmental conser-
 vation,  to  continue the development of the study commenced in 2022, as
 referenced in the climate action council scoping plan of  strategies  to
 facilitate  the  replacement  and redevelopment of New York's oldest and
 most-polluting fossil fueled generation facilities 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  the  climate  action  council
 scoping  plan  and  paragraph  (c)  of  section three of this act in the
 manner authorized and directed herein, and for those  entities  and  the
 public  service commission, and any other agencies or authorities of the
 state as may be required, to commence any proceedings  or  other  initi-
 atives 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 fueled generation facilities and  their  sites  by  the
 year   2030,  with  renewable  generation  options  that  include  those
 described in the scoping plan issued by the climate action council under
 section 75-0103 of the environmental conservation law, 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  trans-
 mission  and distribution systems and equipment, while ensuring resource
 adequacy and other reliability services are maintained, and to do so  in
 consultation  with  the  department of public service, the department of
 environmental conservation, Long Island power authority, and other rele-
 vant 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  redevelopment  of  such  fossil  fueled
 generation  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
 address the phase-out of at least four gigawatts of fossil fueled gener-
 ation statewide capacity in total and prioritize those  facilities  that
 only  operate when electricity usage is highest. The study shall include
 recommendations of standards and requirements that:
   (i) 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) establish a competitive program to promote private sector invest-
 ment 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;
 S. 2935--C                          3
 
   (iii)  provide significant environmental, health and other benefits to
 disadvantaged communities as such  communities  will  be  defined  under
 section 75-0111 of the environmental conservation law; and
   (iv)  have  significant  potential  for  job  creation  and retention,
 economic development, and just transition opportunities  benefiting  New
 Yorkers  and  the  state's  workforce,  as described in the scoping plan
 issued by the climate action council under section 75-0103 of the  envi-
 ronmental conservation law; and
   (v)  ensure  the  availability of assistance under the electric gener-
 ation facility cessation mitigation fund established  in  section  1  of
 part BB of chapter 58 of the laws of 2016 to any local government entity
 impacted  by  the  replacement and redevelopment of fossil fueled gener-
 ation facilities under this section;
   (b) provide  public  notice  of  the  study, and ensure the results of
 the study are made easily accessible to members of disadvantaged  commu-
 nities,  as defined in section 75-0101 of the environmental conservation
 law, and provide an opportunity for public comment on the study  of  not
 less  than  sixty  days and conduct at least two  public hearings on the
 study, of which at least one shall be held in disadvantage  communities,
 as defined in section 75-0101 of the environmental conservation law 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
   (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, the department of environmental
 conservation, and Long Island power authority shall commence proceedings
 and stakeholder processes to establish programs  and  other  initiatives
 necessary to carry out the strategies, programs, standards, and require-
 ments  described  in  the study referred to in section three of this act
 within 60 days of delivery of the study to the governor, temporary pres-
 ident of the senate and speaker of the assembly.
   § 5. The public service commission shall:
   (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 no later than July 30, 2024. Such order
 shall at a minimum:
   (i) direct the New York state energy research and development authori-
 ty to implement a competitive award process to facilitate  the  replace-
 ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
 generation facilities statewide while maintaining reliability consistent
 with the recommendations of the study pursuant to section three of  this
 act,  and  that as part of such competitive award process, consideration
 shall be given to security of offtake with  respect  to  generation  and
 transmission; and
   (ii)  direct  that  with  respect  to  the  competitive  award process
 required, the only eligible electricity  generation  from  hydroelectric
 facilities  shall  be electricity that is generated from non-state-owned
 low impact run-of-river facilities located in the state that  provide  a
 year-round electricity capacity resource.
 S. 2935--C                          4
 
   (c)(i)  Any  projects  pursuant to this section, or the study provided
 herein, shall be  deemed  public  work  and  shall  be  subject  to  and
 performed  in  accordance  with  articles 8 and 9 of the labor law. Each
 contract for such project shall contain a provision  that  such  project
 shall  only  be  undertaken  pursuant  to a project labor agreement. For
 purposes of this section, "project labor agreement" shall  mean  a  pre-
 hire  collective  bargaining agreement between the New York state energy
 research and development authority, a  third  party  on  behalf  of  the
 authority, or a recipient of support under this section, and a bona fide
 building  and  construction  trade  labor  organization establishing the
 labor organization as the collective bargaining representative  for  all
 persons  who  will  perform  work  on  a  public work project, and which
 provides that only contractors and subcontractors who sign a pre-negoti-
 ated agreement with the labor organization can perform project work. All
 contractors and  subcontractors  associated  with  this  work  shall  be
 required  to  utilize apprenticeship agreements as defined by article 23
 of the labor law.
   (ii) The New York state energy research and development authority,  or
 public service commission, where appropriate, shall include requirements
 in  any  procurement  or  development  of  a renewable energy generating
 project, as defined in this subdivision, that the components  and  parts
 shall  be  produced  or  made in whole or substantial part in the United
 States, its territories  or  possessions.  The  New  York  state  energy
 research and development authority's president and chief executive offi-
 cer,  or  his  or her designee may waive the procurement and development
 requirements set forth in this paragraph  if  such  official  determines
 that: the requirements would not be in the public interest; the require-
 ments  would result in unreasonable costs; obtaining such infrastructure
 components and parts in the United States would increase the cost  of  a
 renewable  energy  generating project by an unreasonable amount; or such
 components or parts cannot be produced, made, or assembled in the United
 States in sufficient and reasonably available quantities or of satisfac-
 tory quality. Such determination shall be made on  an  annual  basis  no
 later than December thirty-first, after providing notice and an opportu-
 nity  for  public comment, and such determination shall be made publicly
 available, in writing, on the New York state energy research and  devel-
 opment  authority's  website with a detailed explanation of the findings
 leading to such determination. If the New York state energy research and
 development authority's president and chief executive officer, or his or
 her designee, has issued  determinations  for  three  consecutive  years
 finding  that  no  such  waiver is warranted pursuant to this paragraph,
 then the New York state energy research and development authority  shall
 no  longer  be  required to provide the annual determination required by
 this paragraph.
   (d)(i) The commissioner of labor, in consultation with labor organiza-
 tions, shall develop a  comprehensive  plan  to  transition,  train,  or
 retrain  employees  that are impacted by projects undertaken pursuant to
 this act, or the study provided in section three of this act. This  plan
 shall  include a method of allowing displaced and transitioning workers,
 including affected labor organizations, to notify  the  commissioner  of
 the  loss  of  employment, their previous title, and previous wage rates
 including whether they previously  received  medical  and/or  retirement
 benefits. The plan shall require employers to notify the commissioner of
 workers laid off or discharged due to this act.
   (ii)  The  commissioner  of  labor  shall create a program pursuant to
 which, where applicable and feasible, newly  created  job  opportunities
 S. 2935--C                          5
 
 shall  be offered to a pool of transitioning workers who have lost their
 employment or will be losing  their  employment  in  the  energy  sector
 through  projects undertaken pursuant to this act, or the study provided
 in  section  three  of this act. Such program shall include a method for
 the commissioner of labor to communicate names and  contact  information
 for  displaced or transitioning workers to public entities that may have
 job opportunities for such workers every 90 days.
   (e) Notwithstanding any provision of law to the contrary,  all  rights
 or   benefits,   including  terms  and  conditions  of  employment,  and
 protection of civil service and  collective  bargaining  status  of  all
 existing public employees and the work jurisdiction, covered job titles,
 and  work assignments, set forth in the civil service law and collective
 bargaining  agreements  with  labor  organizations  representing  public
 employees  shall  be  preserved and   protected. Nothing in this section
 shall result in the:  (i) displacement of any currently employed  worker
 or  loss of position (including partial displacement as such a reduction
 in the hours of non-overtime work, wages,  or  employment  benefits)  or
 result  in  the impairment of existing collective bargaining agreements;
 (ii) transfer of existing duties and functions  related  to  maintenance
 and  operations  currently performed by existing employees of authorized
 entities to a contracting entity; or (iii) transfer of future duties and
 functions ordinarily performed by employees of authorized entities to  a
 contracting entity.
   §  6.  The  Long  Island  power authority shall establish a program or
 programs in its service territory consistent with the recommendation  of
 the  study  conducted  pursuant  to  section  three  of  this  act,  the
 provisions of section five of this act, and the objectives of this act.
   § 7. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2935--D
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sens. PARKER, BRESLIN, BRISPORT, CLEARE, COMRIE, FERNAN-
   DEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HOYLMAN-SIGAL,  JACKSON,
   KAVANAGH, KRUEGER, LIU, MARTINEZ, MAY, MYRIE, RAMOS, SALAZAR, SEPULVE-
   DA,  SERRANO,  STAVISKY  --  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  --  again amended and ordered reprinted, retaining its
   place in the order of third reading -- recommitted to the Committee on
   Energy and Telecommunications in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT enacting the "just energy transition 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 "just energy transition 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.
   (b) New York state is committed to  the  responsible  replacement  and
 redevelopment  of its fossil fueled generation facilities that currently

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06171-14-4
              

 S. 2935--D                          2
 
 ensure resource adequacy in the state, especially in locations where the
 health benefits to historically disadvantaged communities can  be  maxi-
 mized,  and  where the cost effective phasing-out of such facilities can
 be done while helping to ensure a just transition for the existing work-
 force.
   (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
 energy  research  and  development  authority,  in consultation with the
 department of public service and the department of environmental conser-
 vation, to continue the development of the study commenced in  2022,  as
 referenced  in  the climate action council scoping plan of strategies to
 facilitate the replacement and redevelopment of New  York's  oldest  and
 most-polluting  fossil  fueled  generation facilities 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 the climate action council
 scoping plan and paragraph (c) of section  three  of  this  act  in  the
 manner  authorized  and  directed herein, and for those entities and the
 public service commission, and any other agencies or authorities of  the
 state  as  may  be required, to commence any proceedings or other initi-
 atives 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  fueled  generation  facilities and their sites by the
 year  2030,  with  renewable  generation  options  that  include   those
 described in the scoping plan issued by the climate action council under
 section  75-0103 of the environmental conservation law, 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 trans-
 mission and distribution systems and equipment, while ensuring  resource
 adequacy  and other reliability services are maintained, and to do so in
 consultation with the department of public service,  the  department  of
 environmental conservation, Long Island power authority, and other rele-
 vant  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  redevelopment  of  such fossil fueled
 generation 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
 address the phase-out of at least four gigawatts of fossil fueled gener-
 ation  statewide  capacity in total and prioritize those facilities that
 only operate when electricity usage is highest. The study shall  include
 recommendations of standards and requirements that:
   (i)  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) establish a competitive program to promote private sector invest-
 ment  in  eligible  technologies  that the public service commission has
 S. 2935--D                          3
 
 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)  provide significant environmental, health and other benefits to
 disadvantaged communities as such  communities  will  be  defined  under
 section 75-0111 of the environmental conservation law; and
   (iv)  have  significant  potential  for  job  creation  and retention,
 economic development, and just transition opportunities  benefiting  New
 Yorkers  and  the  state's  workforce,  as described in the scoping plan
 issued by the climate action council under section 75-0103 of the  envi-
 ronmental conservation law; and
   (v)  ensure  the  availability of assistance under the electric gener-
 ation facility cessation mitigation fund established  in  section  1  of
 part BB of chapter 58 of the laws of 2016 to any local government entity
 impacted  by  the  replacement and redevelopment of fossil fueled gener-
 ation facilities under this section;
   (b) provide  public  notice  of  the  study, and ensure the results of
 the study are made easily accessible to members of disadvantaged  commu-
 nities,  as defined in section 75-0101 of the environmental conservation
 law, and provide an opportunity for public comment on the study  of  not
 less  than  sixty  days and conduct at least two  public hearings on the
 study, of which at least one shall be held in disadvantage  communities,
 as defined in section 75-0101 of the environmental conservation law 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
   (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, the department of environmental
 conservation, and Long Island power authority shall commence proceedings
 and stakeholder processes to establish programs  and  other  initiatives
 necessary to carry out the strategies, programs, standards, and require-
 ments  described  in  the study referred to in section three of this act
 within 60 days of delivery of the study to the governor, temporary pres-
 ident of the senate and speaker of the assembly.
   § 5. The public service commission shall:
   (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 no later than July 30, 2026. Such order
 shall at a minimum:
   (i) direct the New York state energy research and development authori-
 ty to implement a competitive award process to facilitate  the  replace-
 ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
 generation facilities statewide while maintaining reliability consistent
 with the recommendations of the study pursuant to section three of  this
 act,  and  that as part of such competitive award process, consideration
 shall be given to security of offtake with  respect  to  generation  and
 transmission; and
   (ii)  direct  that  with  respect  to  the  competitive  award process
 required, the only eligible electricity  generation  from  hydroelectric
 S. 2935--D                          4
 
 facilities  shall  be electricity that is generated from non-state-owned
 low impact run-of-river facilities located in the state that  provide  a
 year-round electricity capacity resource.
   (c)(i)  Any  projects  pursuant to this section, or the study provided
 herein, shall be  deemed  public  work  and  shall  be  subject  to  and
 performed  in  accordance  with  articles 8 and 9 of the labor law. Each
 contract for such project shall contain a provision  that  such  project
 shall  only  be  undertaken  pursuant  to a project labor agreement. For
 purposes of this section, "project labor agreement" shall  mean  a  pre-
 hire  collective  bargaining agreement between the New York state energy
 research and development authority, a  third  party  on  behalf  of  the
 authority, or a recipient of support under this section, and a bona fide
 building  and  construction  trade  labor  organization establishing the
 labor organization as the collective bargaining representative  for  all
 persons  who  will  perform  work  on  a  public work project, and which
 provides that only contractors and subcontractors who sign a pre-negoti-
 ated agreement with the labor organization can perform project work. All
 contractors and  subcontractors  associated  with  this  work  shall  be
 required  to  utilize apprenticeship agreements as defined by article 23
 of the labor law.
   (ii) The New York state energy research and development authority,  or
 public service commission, where appropriate, shall include requirements
 in  any  procurement  or  development  of  a renewable energy generating
 project, as defined in this subdivision, that the components  and  parts
 shall  be  produced  or  made in whole or substantial part in the United
 States, its territories  or  possessions.  The  New  York  state  energy
 research and development authority's president and chief executive offi-
 cer,  or  his  or her designee may waive the procurement and development
 requirements set forth in this paragraph  if  such  official  determines
 that: the requirements would not be in the public interest; the require-
 ments  would result in unreasonable costs; obtaining such infrastructure
 components and parts in the United States would increase the cost  of  a
 renewable  energy  generating project by an unreasonable amount; or such
 components or parts cannot be produced, made, or assembled in the United
 States in sufficient and reasonably available quantities or of satisfac-
 tory quality. Such determination shall be made on  an  annual  basis  no
 later than December thirty-first, after providing notice and an opportu-
 nity  for  public comment, and such determination shall be made publicly
 available, in writing, on the New York state energy research and  devel-
 opment  authority's  website with a detailed explanation of the findings
 leading to such determination. If the New York state energy research and
 development authority's president and chief executive officer, or his or
 her designee, has issued  determinations  for  three  consecutive  years
 finding  that  no  such  waiver is warranted pursuant to this paragraph,
 then the New York state energy research and development authority  shall
 no  longer  be  required to provide the annual determination required by
 this paragraph.
   (d)(i) The commissioner of labor, in consultation with labor organiza-
 tions, shall develop a  comprehensive  plan  to  transition,  train,  or
 retrain  employees  that are impacted by projects undertaken pursuant to
 this act, or the study provided in section three of this act. This  plan
 shall  include a method of allowing displaced and transitioning workers,
 including affected labor organizations, to notify  the  commissioner  of
 the  loss  of  employment, their previous title, and previous wage rates
 including whether they previously  received  medical  and/or  retirement
 S. 2935--D                          5
 
 benefits. The plan shall require employers to notify the commissioner of
 workers laid off or discharged due to this act.
   (ii)  The  commissioner  of  labor  shall create a program pursuant to
 which, where applicable and feasible, newly  created  job  opportunities
 shall  be offered to a pool of transitioning workers who have lost their
 employment or will be losing  their  employment  in  the  energy  sector
 through  projects undertaken pursuant to this act, or the study provided
 in section three of this act. Such program shall include  a  method  for
 the  commissioner  of labor to communicate names and contact information
 for displaced or transitioning workers to public entities that may  have
 job opportunities for such workers every 90 days.
   (e)  Notwithstanding  any provision of law to the contrary, all rights
 or  benefits,  including  terms  and  conditions  of   employment,   and
 protection  of  civil  service  and  collective bargaining status of all
 existing public employees and the work jurisdiction, covered job titles,
 and work assignments, set forth in the civil service law and  collective
 bargaining  agreements  with  labor  organizations  representing  public
 employees shall be preserved and   protected. Nothing  in  this  section
 shall  result in the:  (i) displacement of any currently employed worker
 or loss of position (including partial displacement as such a  reduction
 in  the  hours  of  non-overtime work, wages, or employment benefits) or
 result in the impairment of existing collective  bargaining  agreements;
 (ii)  transfer  of  existing duties and functions related to maintenance
 and operations currently performed by existing employees  of  authorized
 entities to a contracting entity; or (iii) transfer of future duties and
 functions  ordinarily performed by employees of authorized entities to a
 contracting entity.
   § 6. The Long Island power authority  shall  establish  a  program  or
 programs  in its service territory consistent with the recommendation of
 the  study  conducted  pursuant  to  section  three  of  this  act,  the
 provisions of section five of this act, and the objectives of this act.
   § 7. This act shall take effect immediately.