Bill Text: NY A09881 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the "fossil fuel facilities replacement and redevelopment blueprint act"; relates to the development of a blueprint to guide the replacement and redevelopment of New York's oldest and most-polluting fossil fuel facilities and their sites by 2030.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-05-18 - print number 9881b [A09881 Detail]

Download: New_York-2021-A09881-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9881

                   IN ASSEMBLY

                                     April 19, 2022
                                       ___________

        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on Energy

        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:

     1    Section 1. This act shall be known  as  the  "fossil  fuel  facilities
     2  replacement and redevelopment blueprint act".
     3    §  2.  Legislative  findings and statement of purpose. The legislature
     4  hereby finds, determines and declares:
     5    (a) New York state, especially New York city,  is  reliant  on  fossil
     6  fuels  for energy production, making the transition to renewable sources
     7  of the downstate electricity system key to achieving the requirements of
     8  section 4 of  the  New  York  state  climate  leadership  and  community
     9  protection  act, including that seventy percent of the state's electric-
    10  ity be from renewable energy sources by  the  year  2030  and  that  one
    11  hundred percent of the state's electricity be from zero-emission sources
    12  by  the year 2040. A particular challenge is the reliance on fossil fuel
    13  generation facilities that only operate when  electricity  demand  peaks
    14  above the average usage.
    15    (b)  New  York  state  is committed to the responsible replacement and
    16  redevelopment of its fossil fuel  power  plants  that  currently  ensure
    17  resource adequacy in the state, especially in locations where the health
    18  benefits to historically disadvantaged communities can be maximized, and
    19  where  the  cost  effective  phasing-out  of such facilities can be done
    20  while helping to ensure a just transition for the existing workforce.
    21    (c) A public policy purpose would be served and the interests  of  the
    22  people  of  the  state would be advanced by directing the New York state
    23  energy research and development  authority,  in  consultation  with  the
    24  department  of  public service and department of environmental conserva-
    25  tion, to develop a study of strategies to facilitate the replacement and
    26  redevelopment of New York's oldest and most-polluting fossil fuel facil-
    27  ities and their sites by 2030, while ensuring resource adequacy.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14767-01-2

        A. 9881                             2

     1    (d) It is the intent of  the  legislature  in  enacting  this  act  to
     2  empower  the  New  York state energy research and development authority,
     3  department of public service, and department of environmental  conserva-
     4  tion, to develop a study to facilitate the replacement and redevelopment
     5  of New York's oldest and most-polluting fossil fuel facilities and their
     6  sites  by 2030, while ensuring resource adequacy, and for those entities
     7  and the public service commission, and any other agencies or authorities
     8  of the state as may be required, to commence any  proceedings  or  other
     9  initiatives necessary to carry out the strategies described therein.
    10    §  3.  The New York state energy research and development authority is
    11  authorized and directed to:
    12    (a) develop a study of competitive options to facilitate the  replace-
    13  ment  and  redevelopment  of New York state's fossil fuel facilities and
    14  their sites by the year 2030, and to do  so  in  consultation  with  the
    15  department  of public service, the department of environmental conserva-
    16  tion, and other relevant state agencies  and  authorities  with  subject
    17  matter  expertise. The study should prioritize the replacement and rede-
    18  velopment of fossil fuel facilities with facilities that  will  directly
    19  assist  in  achieving  the  energy,  environmental justice and emissions
    20  reductions requirements of section 4 of the New York state climate lead-
    21  ership and community protection act. The study shall include recommenda-
    22  tions of standards and requirements that:
    23    (i) would significantly reduce the state's electricity system reliance
    24  on fossil fuels;
    25    (ii) would provide significant environmental, health and  other  bene-
    26  fits  to  disadvantaged  communities as such communities will be defined
    27  under section 75-0111 of the environmental conservation law; and
    28    (iii) would have significant  potential  for  job  creation,  economic
    29  development, and just transition opportunities benefiting New Yorkers.
    30    (b)  deliver  the  study  to  the governor, temporary president of the
    31  senate and speaker of the assembly within 180 days of the effective date
    32  of this section.
    33    § 4. The department of public service and department of  environmental
    34  conservation  are  authorized  and  directed to commence proceedings and
    35  establish programs and other initiatives  necessary  to  carry  out  the
    36  strategies  described  in the study referred to in section three of this
    37  act within 60 days of delivery of the study to the  governor,  temporary
    38  president of the senate and speaker of the assembly.
    39    § 5. The public service commission is authorized and directed to:
    40    (a) commence a proceeding to implement the strategies described in the
    41  study  referred to in section three of this act within 60 days of deliv-
    42  ery of the study to the governor, temporary president of the senate  and
    43  speaker of the assembly; and,
    44    (b)   issue  an  order  regarding  implementation  of  the  strategies
    45  described in the study referred to in section three of this act, includ-
    46  ing but not limited to any competitive procurement processes,  no  later
    47  than July 30, 2023.
    48    §  6.  This  act  shall take effect immediately and shall be deemed to
    49  have been in full force and effect on and after April 1, 2022.
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