Bill Text: NY A06761 | 2021-2022 | General Assembly | Amended


Bill Title: Prohibits the development of any new major electric generating facilities that would be powered in whole or in part by any fossil fuel, unless the developer of such facility can demonstrate a need for such facility, and that there is no other reasonable method to satisfy such need.

Spectrum: Partisan Bill (Democrat 37-0)

Status: (Introduced) 2021-05-06 - print number 6761a [A06761 Detail]

Download: New_York-2021-A06761-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6761--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 29, 2021
                                       ___________

        Introduced  by  M. of A. MAMDANI, FORREST, GALLAGHER, MITAYNES, BURDICK,
          SIMON, ANDERSON, CARROLL, CLARK, GONZALEZ-ROJAS, O'DONNELL, GOTTFRIED,
          ENGLEBRIGHT, EPSTEIN, DINOWITZ, GALEF, COLTON, THIELE, WALKER,  BURKE,
          KELLES,  DAVILA,  SEAWRIGHT -- read once and referred to the Committee
          on Energy -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        AN  ACT  to amend the public service law and the environmental conserva-
          tion law, in relation to prohibiting the development of any new  major
          electric  generating  facilities  that would be powered in whole or in
          part by any fossil fuel

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "clean futures act".
     3    § 2. Section 160 of the public service law is amended by adding a  new
     4  subdivision 10 to read as follows:
     5    10.  "Fossil  fuel"  means  coal,  petroleum products, and fuel gases.
     6  "Coal" shall include bituminous  coal,  anthracite  coal,  and  lignite.
     7  "Fuel  gases"  shall include but not be limited to methane, natural gas,
     8  liquefied natural gas, and manufactured fuel gases. "Petroleum products"
     9  shall include all products refined or rerefined from synthetic or  crude
    10  oil  or oil extracted from other sources, including natural gas liquids.
    11  Provided that nothing in this subdivision shall affect the exclusion for
    12  public utility services set forth in subdivision two of this section.
    13    § 3. Section 162 of the public service law is amended by adding a  new
    14  subdivision 6 to read as follows:
    15    6. (a) Notwithstanding any other provision of law, rule or regulation,
    16  beginning  upon  the  effective date of this subdivision the board shall
    17  not issue a certificate for any major electric generating facility  that
    18  would be powered in whole or in part by any fossil fuel.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10500-07-1

        A. 6761--A                          2

     1    (b)  Notwithstanding  paragraph (a) of this subdivision, the board may
     2  issue a certificate for a major electric generating facility powered  in
     3  whole  or in part by any fossil fuel if both of the following conditions
     4  are met:
     5    (i)  The  developer  of  such major electric generating facility shall
     6  provide to the board, the commission, and the commissioner  of  environ-
     7  mental  conservation, an attestation in writing, signed by both New York
     8  independent system operator and the appropriate  New  York  transmission
     9  owner or public authority, attesting to:
    10    (1)  the  existence  of a reliability need.   For the purposes of this
    11  subdivision, a "reliability need"  means  an  electricity  system  need,
    12  which  if unmet would result in a violation of a North American Electric
    13  Reliability Corporation mandatory standard;
    14    (2) the unavailability of either local  or  bulk  transmission  system
    15  upgrades that would address such reliability need; and
    16    (3)  such  major electric generating facility would resolve such reli-
    17  ability need; and
    18    (ii) The developer of such major electric  generating  facility  shall
    19  demonstrate  to  the  satisfaction of the board, the commission, and the
    20  commissioner of environmental conservation that the existing reliability
    21  need cannot be addressed within an appropriate time frame by any  combi-
    22  nation of transmission, energy storage, zero carbon electric generation,
    23  demand response, and/or energy efficiency.
    24    (c)  Any  written  communication  between  an  applicant and the board
    25  concerning a proposed major electric generating facility shall  be  made
    26  publicly available on the department's website.
    27    §  4.  Section  172 of the public service law is amended by adding two
    28  new subdivisions 3 and 4 to read as follows:
    29    3. The department of environmental conservation shall  not  issue  any
    30  permit otherwise authorized pursuant to subdivision one of this section,
    31  or  issued pursuant to section 19-0311 of the environmental conservation
    32  law, for any major electric generating facility that would be powered in
    33  whole or in part by any fossil fuel, unless the developer of such  major
    34  electric  generating  facility  has satisfied the provisions of subpara-
    35  graphs (i) and (ii) of paragraph (b) of subdivision six of  section  one
    36  hundred sixty-two of this article.
    37    4.  Any written communication between an applicant for a permit pursu-
    38  ant to subdivision one of this section and the  department  of  environ-
    39  mental  conservation  shall be made publicly available on the department
    40  of conservation's website.
    41    § 5. Section 19-0311 of the environmental conservation law is  amended
    42  by adding a new subdivision 6 to read as follows:
    43    6.  No  permit  shall  be  issued  under this section that would be in
    44  violation of subdivision three of section one hundred seventy-two of the
    45  public service law. Any written communications between an applicant  for
    46  such a permit and the department shall be made publicly available on the
    47  department's website.
    48    § 6. This act shall take effect immediately.
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