S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5353
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   extending the moratorium on air permit issuance and renewal for  elec-
   tric  generating  facilities that utilize a carbon-based fuel and that
   provide behind-the-meter electric energy consumed or utilized by cryp-
   tocurrency mining operations  that  use  proof-of-work  authentication
   methods to validate blockchain transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 19-0331 of the environmental conservation  law,  as
 added by chapter 628 of the laws of 2022, is amended to read as follows:
 § 19-0331. Moratorium on air permit issuance and renewal.
   1.  For  the period commencing on [the effective date of this section]
 NOVEMBER TWENTY-SECOND, TWO THOUSAND TWENTY-TWO and  ending  [two  years
 after  such  date] ONE YEAR AFTER THE COMPLETION OF THE GENERIC ENVIRON-
 MENTAL IMPACT STATEMENT REQUIRED PURSUANT TO CHAPTER SIX  HUNDRED  TWEN-
 TY-EIGHT  OF  THE LAWS OF TWO THOUSAND TWENTY-TWO, the department, after
 consultation with the department of public service, shall not approve  a
 new  application  for or issue a new permit pursuant to this article, or
 article seventy of this chapter, for  an  electric  generating  facility
 that  utilizes  a  carbon-based  fuel  and that provides, in whole or in
 part, behind-the-meter electric energy consumed or utilized  by  crypto-
 currency mining operations that use proof-of-work authentication methods
 to validate blockchain transactions.
   2.  For  the period commencing on [the effective date of this section]
 NOVEMBER TWENTY-SECOND, TWO THOUSAND TWENTY-TWO and  ending  [two  years
 after  such  date] ONE YEAR AFTER THE COMPLETION OF THE GENERIC ENVIRON-
 MENTAL IMPACT STATEMENT REQUIRED PURSUANT TO CHAPTER SIX  HUNDRED  TWEN-
 TY-EIGHT  OF  THE  LAWS OF TWO THOUSAND TWENTY-TWO, the department shall
 not approve an application to  renew  an  existing  permit  or  issue  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06660-01-5
              

 A. 5353                             2
 
 renewal  permit  pursuant  to  this  article  for an electric generating
 facility that utilizes a carbon-based fuel and that provides,  in  whole
 or  in  part, behind-the-meter electric energy consumed or utilized by a
 cryptocurrency  mining  operation that uses proof-of-work authentication
 methods to validate blockchain transactions if the  renewal  application
 seeks  to  increase or will allow or result in an increase in the amount
 of electric energy consumed or utilized by a cryptocurrency mining oper-
 ation that uses proof-of-work authentication methods to validate  block-
 chain transactions.
   3.  NO CRYPTOCURRENCY MINING OPERATION THAT USES PROOF-OF-WORK AUTHEN-
 TICATION METHODS TO VALIDATE BLOCKCHAIN TRANSACTIONS SHALL  BE  APPROVED
 FOR  CONNECTION  TO THE GRID IF THE PUBLIC SERVICE COMMISSION OR THE NEW
 YORK INDEPENDENT SYSTEM  OPERATOR  DETERMINES  THAT  SUCH  A  CONNECTION
 PRESENTS A THREAT TO GRID RELIABILITY OR RATE AFFORDABILITY.
   § 2.  This act shall take effect immediately.