Bill Text: NY S05266 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires the establishment of a one hundred percent clean energy system by two thousand thirty; requires the adoption of a climate action plan; establishes the renewable energy revolving fund; and provides for legal standing to sue for enforcement of the state clean energy plan.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2019-04-22 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S05266 Detail]

Download: New_York-2019-S05266-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5266
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 22, 2019
                                       ___________
        Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
        AN  ACT  to  amend  the  energy  law,  in relation to establishing a one
          hundred percent energy system by two thousand  thirty;  to  amend  the
          environmental  conservation  law,  in  relation  to  the adoption of a
          climate action plan; to amend the state finance law,  in  relation  to
          establishing  the  renewable energy revolving fund; and to provide for
          legal standing to sue for enforcement of the state's clean energy plan
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Legislative  intent.    New York state's continued use of
     2  fossil fuels, including coal, oil, and natural gas, is having  devastat-
     3  ing  impacts  on our climate and communities. Our state's ongoing use of
     4  nuclear fuels continues to create immensely radioactive wastes that will
     5  be dangerous to future generations for millennia.  It  is  in  the  best
     6  interest of the people of New York to move the state into a clean energy
     7  revolution,  meeting 100 percent of our energy needs from clean, renewa-
     8  ble sources by 2030. Transitioning to clean  energy  is  fundamental  to
     9  protecting  our communities, particularly communities of color and lower
    10  income communities that are disproportionately affected by the worsening
    11  air and water quality that  results  from  the  incineration  of  fossil
    12  fuels.  A  transition  to  a  100  percent  clean  energy system will be
    13  achieved in a way that protects displaced fossil fuel workers,  impacted
    14  communities,  builds  a  stronger economy for everyone in the State, and
    15  creates hundreds of thousands of new jobs, while at the same time elimi-
    16  nating New York's  contribution  to  the  biggest  environmental  threat
    17  facing our planet, climate change.
    18    §  2.  Subdivision  1  of section 6-104 of the energy law, as added by
    19  chapter 433 of the laws of 2009, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04435-01-9

        S. 5266                             2
     1    1. The board shall adopt a state energy plan in  accordance  with  the
     2  provisions of this article.
     3    (a) The plan shall establish a goal of achieving a one hundred percent
     4  clean energy system by two thousand thirty, with zero net greenhouse gas
     5  emissions.    As  used  in  this section, "clean renewable energy" shall
     6  include energy derived from solar, wind, geothermal, and tidal  sources,
     7  but  does  not  include  nuclear  power, natural gas, biomass, or fossil
     8  fuels.
     9    (b) The plan shall not include any provisions for  the  continued  use
    10  past  two  thousand  thirty  of nuclear power. The state shall develop a
    11  plan for the phase out of all nuclear plants by two thousand twenty-five
    12  and replace such plants with sources of renewable energy.
    13    (c) The plan shall not include provisions for  the  continued  use  of
    14  biomass,  including  biogas  from landfills, agricultural operations and
    15  other sources of biogas, including methane.  Instead,  the  state  shall
    16  develop  a  plan  to  phase  out  landfills  and convert to a zero waste
    17  disposal system and reduce greenhouse gas emissions in the animal  agri-
    18  cultural  sector by promoting pasture-based, sustainable animal agricul-
    19  tural systems and eliminating industrial style concentrated animal feed-
    20  ing operations from operating in the state.
    21    (d) The plan shall provide for the discontinuance of state  investment
    22  in,  and the development of, infrastructure related to the distribution,
    23  processing, storage, or extraction of fossil fuels. No state  agency  or
    24  authority  shall  issue new permits for the construction or operation of
    25  such facilities.
    26    (e) The plan shall include, in two-year  increments,  detailed  bench-
    27  marks  and  steps  needed  to  achieve the goal of a one hundred percent
    28  clean renewable energy system by two thousand thirty. Interim goals  for
    29  one hundred percent clean energy shall be as follows:
    30    (i) forty percent by two thousand twenty-two; and
    31    (ii) seventy percent by two thousand twenty-seven.
    32    (f)  Any  provisions of this chapter relating to fossil fuels, natural
    33  gas, oil, coal, and petroleum products shall be controlling only for the
    34  sole purpose of providing guidance on how to discontinue the use of such
    35  fuels by two thousand thirty.
    36    (g) The plan shall incorporate measures related to reduction in energy
    37  use, increased energy conservation, and improvements in energy efficien-
    38  cy; it shall also promote regenerative agriculture to help return carbon
    39  to the soil.
    40    (h) The plan shall require any new vehicles sold in the  state  to  be
    41  all-electric  or  otherwise  no carbon emissions by two thousand twenty-
    42  five.
    43    (i) By two thousand twenty-two, any new structures constructed in  the
    44  state  shall  be  net  zero emission structures. The plan will include a
    45  rapid transition to renewable heating and cooling provided by heat pumps
    46  powered by renewable electricity.
    47    (j) The provisions of this subdivision shall supersede any  inconsist-
    48  ent provisions of this section.
    49    §  3.  The  environmental  conservation law is amended by adding a new
    50  section 54-1525 to read as follows:
    51  § 54-1525. Climate action plan.
    52    1. a. The department shall adopt a state climate action plan to imple-
    53  ment the goals established in section 6-104 of the energy law. The  plan
    54  shall address all aspects of climate change, including mitigation, adap-
    55  tation, and resiliency, including impacts caused by agriculture, heating
    56  and cooling, and transportation. The department shall release and publi-

        S. 5266                             3
     1  cize  on  its  website  a draft plan no later than nine months after the
     2  effective date of this section. Following the release of the draft plan,
     3  the department shall conduct regional public hearings to  obtain  public
     4  feedback  on  the  draft plan. The final plan will be completed no later
     5  than eighteen months after the  effective  date  of  this  section.  The
     6  department shall release and publicize on its website the final plan.
     7    b. Within one year after the release of the department's final climate
     8  action  plan,  each  state agency and public authority shall adopt regu-
     9  lations consistent with and in furtherance of the goals of  the  climate
    10  action  plan,  and  shall  develop an agency or authority climate action
    11  plan, as appropriate, which shall be updated annually, to  achieve  such
    12  goals for the agency's or authority's own internal operations as well as
    13  for regulatory purposes and other actions under the purview of the agen-
    14  cy or authority.
    15    c. Within one year after the release of the department's final climate
    16  action  plan,  each county government and each municipality representing
    17  more than fifty thousand individuals shall  adopt  a  community  climate
    18  action  plan.  Such plans shall support the development of community and
    19  publicly owned renewable energy. The department shall establish a state-
    20  wide environmental and climate justice task force to work with community
    21  groups in impacted areas to assist in the development and implementation
    22  of the community climate action plans, focusing on  low-income  communi-
    23  ties and communities of color.
    24    d.  The climate action plans referred to in paragraphs b and c of this
    25  subdivision shall incorporate goals  of  environmental  justice  and  be
    26  developed  with meaningful input and analysis from environmental justice
    27  organizations.
    28    e. The department shall ensure that  climate  action  plans  developed
    29  pursuant  to  paragraphs b and c of this subdivision achieve the state's
    30  goal of one hundred percent renewable energy by two thousand thirty in a
    31  manner that benefits the state's most disadvantaged communities  and  is
    32  transparent and accountable to the public and the legislature.
    33    2.  a.  The  state  climate action plan shall include provisions for a
    34  just transition from current energy sources to clean renewable energy as
    35  described in subdivision one of section 6-104 of the  energy  law.  Such
    36  provisions shall include providing training and ensuring comparable jobs
    37  and  wages  to individuals presently working in the fossil fuel industry
    38  and in the nuclear power industry.
    39    b. The department, in conjunction  with  the  New  York  state  energy
    40  research  and development authority and the commissioner of labor, shall
    41  develop programs to transition workers in the fossil fuel  industry  and
    42  nuclear  power  industries  into  jobs  in  the renewable energy sector,
    43  including job training programs, relocation  assistance,  higher  educa-
    44  tion,  and  temporary financial support to extend unemployment benefits.
    45  Such programs shall also be open to workers previously employed  in  the
    46  fossil  fuel industry who are out of work due to reduction in demand for
    47  jobs in that industry, or to people who live in  communities  that  have
    48  been  disproportionately  impacted  by fossil fuels as determined by the
    49  commissioner. Such programs shall be funded through the renewable energy
    50  revolving fund, established  by  section  eighty-three-b  of  the  state
    51  finance law.
    52    c.  The  department,  in  conjunction  with  the New York state energy
    53  research and development authority and the commissioner of labor,  shall
    54  develop criteria for grants and low-interest loans to support the gener-
    55  ation  of  renewable  energy  and job training programs in the renewable
    56  energy sector, with priority given to projects  in  low-income  communi-

        S. 5266                             4
     1  ties,  communities  of  color,  immigrant  communities  and  communities
     2  disproportionately impacted by fossil fuel development.
     3    3.  a.  A state climate action council shall be established within the
     4  department for the purpose of providing recommendations to  the  depart-
     5  ment  and  relevant  state agencies and public authorities regarding the
     6  development, adoption, and implementation of the  state  climate  action
     7  plan and the agency and authority climate action plans.
     8    b. The climate action council shall:
     9    (i)  prepare  annual budget requests for climate action measures to be
    10  included in the proposed state budget;
    11    (ii) propose needed state legislation and agency and public  authority
    12  regulations.  If such regulations or laws are rejected, a written expla-
    13  nation justifying such rejection  shall  be  provided  by  the  relevant
    14  acting body along with possible alternative approaches; and
    15    (iii) recommend the overturning of any state regulations adopted after
    16  the  state climate action plan and the agency and public authority plans
    17  that are inconsistent with the state climate action plan.
    18    c. The climate action council shall consist of the following members:
    19    (i) the commissioner;
    20    (ii) the commissioner of agriculture and markets;
    21    (iii) the commissioner of economic development;
    22    (iv) the commissioner of housing and community renewal;
    23    (v) the commissioner of transportation;
    24    (vi) the chair of the public service commission;
    25    (vii) the chair of the metropolitan transportation authority;
    26    (viii) the president of the New York state energy research and  devel-
    27  opment authority;
    28    (ix) the president of the Long Island power authority;
    29    (x) the president of the power authority of the state of New York;
    30    (xi)  the  president  of  the  dormitory authority of the state of New
    31  York;
    32    (xii) the secretary of state;
    33    (xiii) the director of the budget;
    34    (xiv) the director of state operations; and
    35    (xv) the counsel to the governor.
    36    d. Additional appointments shall be made by the governor  and  leaders
    37  of  the  state  legislature  to represent the renewable energy industry,
    38  businesses, farmers, health professionals, small business,  and  academ-
    39  ics. At least one-third of the members shall represent community groups,
    40  labor  unions, environmental justice organizations, and climate advocacy
    41  groups. The temporary president of the senate and  the  speaker  of  the
    42  assembly shall each appoint two members, and the minority leaders of the
    43  senate and the assembly shall each appoint one member.
    44    e.  The  climate  action  council shall meet at least quarterly.  Each
    45  state agency and public authority shall provide the council  with  quar-
    46  terly updates of the measures taken by the agency or authority to reduce
    47  greenhouse gas emissions and promote one hundred percent clean renewable
    48  energy.
    49    f.  The council shall submit an annual report to the legislature as to
    50  its progress in achieving its goals. The assembly and  the  senate  will
    51  hold  a  joint  public  hearing  to  review the report and to provide an
    52  opportunity for public input.
    53    4. a. The department shall establish a state  renewable  energy  board
    54  and  regional  renewable  energy boards under the climate action council
    55  and shall appoint members thereto  based  upon  recommendations  by  the
    56  climate action council. The state and regional boards shall be comprised

        S. 5266                             5
     1  of  membership  from  organizations that represent environmental justice
     2  communities, labor unions, environmental organizations, academics  know-
     3  ledgeable  about  energy systems, consumer organizations, utilities, and
     4  businesses.  The  boards  will  be  responsible for approving utilities'
     5  clean energy compliance plans and approving and  allocating  funds  from
     6  the  state renewable energy revolving fund established by section eight-
     7  y-three-b of the state finance law.
     8    b. Within one year of the effective date of this section, each utility
     9  subject to the provisions of the public service law shall  submit  plans
    10  detailing  the  utility's  plans to comply with the goals established in
    11  section 6-104 of the energy law for  approval  to  the  state  renewable
    12  energy  board.  Each utility shall submit annual reports documenting its
    13  progress towards meeting the goals, and any proposed amendments  to  its
    14  plan. If a utility fails to meet the clean energy benchmarks established
    15  in section 6-104 of the energy law, it shall submit an updated plan that
    16  documents  how the utility will come into compliance with the benchmarks
    17  the following year.
    18    c. Any utility failing to comply with the provisions of paragraph b of
    19  this subdivision shall be fined an amount that is two times the marginal
    20  cost difference between the highest priced fossil fuel they are  burning
    21  and the lowest cost renewable energy per kilowatt hour.  Fines collected
    22  from  violations  shall  be  deposited  into  the state renewable energy
    23  revolving fund  established  by  section  eighty-three-b  of  the  state
    24  finance  law  and  used  to  develop renewable energy generation, energy
    25  efficiency, and job training programs in the  communities  where  fossil
    26  fuels  continue  to be utilized for energy. No fines collected for these
    27  violations shall be passed through to ratepayers.
    28    d. Onsite and community renewable energy  shall  be  credited  at  the
    29  retail rate of electricity for energy generated up to one hundred twenty
    30  percent  of  energy consumption at the time of installation, taken as an
    31  average of annual usage for the past five years. Energy generated beyond
    32  one hundred twenty percent shall be reimbursed at the wholesale rate. In
    33  months where energy generation exceeds usage, the  difference  shall  be
    34  credited  to  the electric bill, and at the end of the year, excess owed
    35  to the electric customer shall be paid to the customer. Any utility that
    36  captures energy generated in excess of one hundred twenty percent  shall
    37  deposit  an  amount  equal  to  the  retail price of electricity for the
    38  amount generated into the state renewable energy revolving  fund  estab-
    39  lished by section eighty-three-b of the state finance law.
    40    5. a. The commissioner shall appoint a statewide climate justice work-
    41  ing group for the following purposes:
    42    (i) to evaluate the climate action plans developed by each state agen-
    43  cy  and  public  authority  and  to advise the department on an on going
    44  basis as to progress made by respective agencies and public authorities;
    45    (ii) to consult with the department of public service and  the  public
    46  service  commission  to assess the progress made by utilities subject to
    47  the provisions of the public service law in coming into compliance  with
    48  the  state  energy  plan mandated by subdivision one of section 6-104 of
    49  the energy law and to advise the department on an on-going basis  as  to
    50  progress made by such utilities; and
    51    (iii)  to advise the department regarding measures to expand access to
    52  renewable energy in low-income and immigrant communities  in  ways  that
    53  advance environmental, climate, economic, and racial justice interests.
    54    b.  The  state  climate  justice  working  group shall be empowered to
    55  request and receive reports and other relevant  information  from  agen-
    56  cies,  public  authorities,  the  department  of  public service and the

        S. 5266                             6
     1  public service commission, utilities subject to the  provisions  of  the
     2  public  service law, and other entities necessary to evaluate and advise
     3  the department on plans and  progress  towards  the  transition  to  one
     4  hundred  percent  renewable  energy.  All  state  agencies, authorities,
     5  commissions and departments  shall  cooperate  with  the  state  climate
     6  justice working group in fulfilling its mandate.
     7    c. The state climate justice working group shall be comprised of thir-
     8  teen  members  who  are  residents of low-income communities or environ-
     9  mental justice communities.  Members shall serve for no more than  three
    10  four-year terms each as follows:
    11    (i) five members shall be representatives of community-based organiza-
    12  tions that advise or assist minority and low-income communities on envi-
    13  ronmental matters;
    14    (ii) four members shall be representatives of businesses involved with
    15  energy, heating and cooling, transportation and agriculture;
    16    (iii)  two members shall be representatives of environmental conserva-
    17  tion offices of local government;
    18    (iv) two members shall be representatives of state or national  organ-
    19  izations  promoting  environmental  conservation, researchers, educators
    20  and members of the general public; and
    21    (v) three of such members shall be nominated by the governor;  two  of
    22  such  members  shall  be  nominated  by  the  temporary president of the
    23  senate; two members shall be nominated by the speaker of  the  assembly;
    24  two members shall be nominated by the chairs of the senate environmental
    25  conservation  and  energy  and  telecommunications  committees;  and two
    26  members shall be nominated by the chairs of the  assembly  environmental
    27  conservation and energy committees.
    28    d.  The  department  shall  include  the  costs  of administrating and
    29  resourcing the climate  justice  working  group  in  its  annual  budget
    30  requests  to  the  legislature.  In  any given year that the legislature
    31  fails to approve adequate funding for the climate justice working  group
    32  as a distinct line item, the department shall fund the operations of the
    33  climate  justice  working  group  through  re-allocation of its approved
    34  administrative budget.
    35    6. a. Each county government and each municipality  representing  more
    36  than  fifty  thousand  individuals  shall create a local climate justice
    37  working group to evaluate the performance of the county or  municipality
    38  in  expanding access to renewable energy and to advancing environmental,
    39  climate, economic and racial justice.
    40    b. Each local climate justice working group shall:
    41    (i) issue recommendations on local plans to further the objectives  of
    42  the  state  climate  action  plan  and  implementation of these plans to
    43  achieve one hundred percent clean renewable energy; and
    44    (ii) offer endorsements or rejections of plans and reports, and  offer
    45  specific analysis of the plans' impacts on expanding access to renewable
    46  energy   and  advancing  environmental,  climate,  economic  and  racial
    47  justice.
    48    c. Each local climate justice working  group  shall  be  comprised  of
    49  residents  of  low-income communities and environmental justice communi-
    50  ties. Members shall be appointed by  local  government  consistent  with
    51  rules  adopted  by  such local government. Members shall number at least
    52  eight and no more than twelve individuals. Members shall  serve  for  no
    53  more than three four-year terms each.
    54    d.  Each  local  climate  justice  working group shall be empowered to
    55  receive reports and other relevant information  from  companies,  utili-

        S. 5266                             7
     1  ties,  and  other  entities  necessary to develop recommendations on the
     2  plans and their implementation.
     3    e.  The  department  shall  include  the  costs  of administrating and
     4  resourcing the local climate justice working groups in its annual budget
     5  requests to the legislature. In any  given  year  that  the  legislature
     6  fails to approve funding for the local climate justice working groups as
     7  a  distinct  line  item, the department shall fund the operations of the
     8  local climate  justice  working  groups  through  re-allocation  of  its
     9  approved administrative budget.
    10    §  4. The state finance law is amended by adding a new section 83-b to
    11  read as follows:
    12    § 83-b. State renewable energy revolving  fund.  1.  There  is  hereby
    13  established in the joint custody of the comptroller and the commissioner
    14  of taxation and finance a special fund to be known as the "state renewa-
    15  ble energy revolving fund".
    16    2.  The  fund  shall  consist  of  moneys  appropriated thereto, fines
    17  collected pursuant to paragraph c of subdivision four of section 54-1525
    18  of the environmental conservation law, and funds  transferred  from  any
    19  other fund or source.
    20    3. The comptroller shall establish the following separate and distinct
    21  accounts within the renewable energy revolving fund:
    22    a.  the  loan  fund, which shall fund grants and low-interest loans to
    23  support the generation of renewable energy and job training programs  in
    24  the  renewable  energy sector pursuant to paragraph c of subdivision two
    25  of section 54-1525 of the environmental conservation law;
    26    b. the training account, which will fund training programs  and  other
    27  benefits  for  displaced  workers pursuant to paragraph b of subdivision
    28  two of section 54-1525 of the environmental conservation law; and
    29    c. the localities assistance account, which shall reimburse localities
    30  for any revenue loss occurring from  the  shutdown  of  fossil  fuel  or
    31  nuclear  power  plants.  Such  account  shall  also  be  used to provide
    32  payments in lieu to taxes related to the siting of any renewable  energy
    33  facilities or projects.
    34    4.  Priority  in distribution among the accounts specified in subdivi-
    35  sion three of this section shall  be  given  to  the  training  account.
    36  Moneys allotted to such account shall be sufficient to ensure that every
    37  displaced  fossil  fuel  worker  and  nuclear  power worker in the state
    38  receives the opportunity to transition into jobs in the renewable energy
    39  sector.
    40    5. Revenues in the renewable energy revolving fund shall be kept sepa-
    41  rate and shall not be commingled with any other moneys in the custody of
    42  the comptroller. All deposits of such revenues shall, if required by the
    43  comptroller, be secured by obligations of the United States  or  of  the
    44  state  having  a  market  value equal at all times to the amount of such
    45  deposits and all banks and trust companies are authorized to give  secu-
    46  rity  for  such  deposits.  Any such revenues in such fund may, upon the
    47  discretion of the comptroller, be invested in obligations in  which  the
    48  comptroller  is  authorized to invest pursuant to section ninety-eight-a
    49  of this article.
    50    6. All payments of moneys from the loan account of the fund  shall  be
    51  made  on the audit and warrant of the comptroller. All payments from the
    52  training account of the fund shall be made on the audit and  warrant  of
    53  the commissioner of labor.
    54    §  5.  a.  The  attorney  general  is hereby authorized to commence an
    55  action or special proceeding in any court of competent  jurisdiction  in
    56  the  state  in  the  name  of  the  people  of  the state to enforce the

        S. 5266                             8
     1  provisions of this act, recover any fine  or  penalty  due  pursuant  to
     2  section 54-1525 of the environmental conservation law, or for injunctive
     3  relief  to compel compliance with the provisions of this act. All moneys
     4  recovered  in  any  such action or special proceeding, together with the
     5  costs thereof shall be paid into the state treasury to the credit of the
     6  state renewable energy revolving fund established by section 83-b of the
     7  state finance law.
     8    b. Notwithstanding any law, rule or regulation to  the  contrary,  any
     9  resident  of  the  state  of New York, over the age of twenty-one, shall
    10  have legal standing to sue to ensure satisfaction of the  provisions  of
    11  this act.
    12    §  6. This act shall take effect on the first of January next succeed-
    13  ing the date upon which it shall have become a law.
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