S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2712
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by Sens. STEC, BORRELLO, MATTERA, MURRAY, OBERACKER, RHOADS,
   ROLISON -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Environmental Conservation
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07125-01-5
              

 S. 2712                             2
 
   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
 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
 S. 2712                             3
 
 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:
   (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;
 S. 2712                             4
 
   (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
 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
 section and shall be deemed to be repealed therewith.