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

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-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         9881--A

                   IN ASSEMBLY

                                     April 19, 2022
                                       ___________

        Introduced by M. of A. CUSICK -- read once and referred to the Committee
          on  Energy -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        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  for  the  downstate electricity system key to achieving the requirements
     8  of 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14767-03-2
        A. 9881--A                          2

     1  redevelopment of New York's oldest and most-polluting fossil fuel facil-
     2  ities and their sites by 2030, while ensuring resource adequacy.
     3    (d)  It  is  the  intent  of  the  legislature in enacting this act to
     4  empower the New York state energy research  and  development  authority,
     5  department  of public service, and department of environmental conserva-
     6  tion, to develop a study to facilitate the replacement and redevelopment
     7  of New York's oldest and most-polluting fossil fuel facilities and their
     8  sites by 2030, while ensuring resource adequacy, and for those  entities
     9  and the public service commission, and any other agencies or authorities
    10  of  the  state  as may be required, to commence any proceedings or other
    11  initiatives necessary to carry out the strategies described therein.
    12    § 3. The New York state energy research and development  authority  is
    13  authorized and directed to:
    14    (a)  develop  a  study  of competitive options to facilitate the phase
    15  out, replacement and redevelopment of New York state's oldest and  most-
    16  polluting fossil fuel facilities and their sites by the year 2030, while
    17  ensuring  resource  adequacy  and  other  reliability services are main-
    18  tained, and to do so in  consultation  with  the  department  of  public
    19  service,  the  department  of environmental conservation, other relevant
    20  state agencies and authorities with subject matter expertise, the feder-
    21  ally designated electric bulk system operator, the New York State  Reli-
    22  ability  Council,  and  the  owners of such facilities. The study should
    23  prioritize the replacement and redevelopment of such fossil fuel facili-
    24  ties with facilities that will directly assist in achieving the  energy,
    25  environmental  justice  and emissions reductions requirements of section
    26  66-p of the public service law. The study shall include  recommendations
    27  of standards and requirements that:
    28    (i) would significantly reduce the state's electricity system reliance
    29  on  fossil fuels, taking into account the requirements and timing of the
    30  state's emission reduction programs;
    31    (ii) would establish a competitive program to promote  private  sector
    32  investment  in  eligible technologies that the public service commission
    33  has   determined, after notice and  provision  for  the  opportunity  to
    34  comment,  ensure  resource adequacy, while achieving the requirements of
    35  section 66-p of the public service law;
    36    (iii) would provide significant environmental, health and other  bene-
    37  fits  to  disadvantaged  communities as such communities will be defined
    38  under section 75-0111 of the environmental conservation law; and
    39    (iv) would have significant potential for job creation and  retention,
    40  economic  development,  and just transition opportunities benefiting New
    41  Yorkers and the state's workforce;
    42    (b) provide  public  notice  of   the   study and an  opportunity  for
    43  public  comment  on the study of not less than sixty days and conduct at
    44  least two   public hearings on the  study,  with  such  public  hearings
    45  offering  video participation and accessibility;
    46    (c)  address  public  comments  and  update the study, as appropriate,
    47  especially to ensure resource  adequacy  and  reliability  services  are
    48  maintained; and
    49    (d)  deliver  the  study  to  the governor, temporary president of the
    50  senate and speaker of the assembly within 180 days of the effective date
    51  of this section.
    52    § 4. The department of public service and department of  environmental
    53  conservation  are  authorized  and  directed to commence proceedings and
    54  stakeholder processes to establish programs and other initiatives neces-
    55  sary to carry out the strategies, programs, standards, and  requirements
    56  described  in  the study referred to in section three of this act within
        A. 9881--A                          3

     1  60 days of delivery of the study to the governor, temporary president of
     2  the senate and speaker of the assembly.
     3    § 5. The public service commission is authorized and directed to:
     4    (a) commence a proceeding to implement the strategies, programs, stan-
     5  dards,  and  requirements  described in the study referred to in section
     6  three of this act within 60 days of delivery of the study to the  gover-
     7  nor, temporary president of the senate and speaker of the assembly; and,
     8    (b)  issue  an  order  regarding  implementation  of  the  strategies,
     9  programs, standards, and requirements described in the study referred to
    10  in section three of this act, including but not limited to  any  compet-
    11  itive procurement processes, no later than July 30, 2023.
    12    § 6. This act shall take effect immediately.