Bill Text: NY S06762 | 2021-2022 | General Assembly | Introduced
Bill Title: Enacts the "power plant zero carbon emissions act of 2021"; requires that existing fossil fuel-fired electric generating facilities must demonstrate that they will achieve zero greenhouse gas emissions by 2040.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENVIRONMENTAL CONSERVATION [S06762 Detail]
Download: New_York-2021-S06762-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6762 2021-2022 Regular Sessions IN SENATE May 14, 2021 ___________ Introduced by Sen. SALAZAR -- 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 requiring zero emission certification for fossil fuel-fired electric generating units 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 "power plant zero carbon emissions act of 2021". 3 § 2. Article 19 of the environmental conservation law is amended by 4 adding a new title 15 to read as follows: 5 TITLE 15 6 POWER PLANT ZERO CARBON EMISSIONS 7 Section 19-1501. Statement of findings. 8 19-1503. Definitions. 9 19-1505. Mandatory zero carbon emission plan. 10 19-1507. Review of plans and certification. 11 19-1509. Prohibition. 12 19-1511. Requirements for facilities granted suspension or 13 modification. 14 19-1513. Regulations. 15 § 19-1501. Statement of findings. 16 1. Electric generating units that burn coal, oil, diesel or natural 17 gas are significant sources of greenhouse gas emissions in the state. 18 2. The climate leadership and community protection act requires that 19 the state achieve one hundred percent zero carbon electric generation by 20 two thousand forty. 21 3. In order for the state to achieve this goal, existing fossil fuel- 22 fired electric generating facilities must demonstrate that they will 23 achieve zero greenhouse gas emissions by two thousand forty. 24 § 19-1503. Definitions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11479-01-1S. 6762 2 1 1. "Baseline emissions" shall mean maximum emissions of greenhouse 2 gases by a covered facility occurring over any twelve-month period for 3 the five years preceding the effective date of this title. 4 2. "Covered facility" shall mean an existing major electric generating 5 facility as defined in paragraph b of subdivision one of section 19-0312 6 of this article that burns coal, oil, diesel or natural gas. 7 3. "Existing major electric generating facility" shall mean a facility 8 in existence, or for which construction has commenced, as of the effec- 9 tive date of this title, and shall include a new facility proposed to 10 replace an existing facility at the same or substantially same location 11 whether or not construction of such new facility has commenced as of the 12 effective date of this title. 13 4. "Greenhouse gas" shall have the same meaning as set forth in subdi- 14 vision seven of section 75-0101 of this chapter. 15 5. "Operating permit" shall have the same meaning as set forth in 16 subdivision eighteen of section 19-0107 of this article. 17 6. "Renewable energy systems" shall have the same meaning as set forth 18 in section sixty-six-p of the public service law. 19 § 19-1505. Mandatory zero carbon emission plan. 20 1. The owner or operator of a covered facility shall submit to the 21 department as part of an application for a new operating permit or an 22 application to renew an existing operating permit a written plan and 23 supporting documentation demonstrating that the facility's operations 24 will, on or before the first day of January, two thousand forty, achieve 25 zero emissions of greenhouse gases. 26 2. The plan shall include, at a minimum, the following: 27 a. The number of days and hours the plant operated during each of the 28 previous five years; 29 b. The annual power output of the plant for each of the previous five 30 years; 31 c. The fuel or fuels utilized by the plant to generate power; 32 d. The facility's annual emissions of greenhouse gases, expressed in 33 tons of carbon dioxide equivalents; 34 e. The verifiable and enforceable operational measures, emission 35 controls, fuel use, renewable replacement technologies, battery storage, 36 or any combination thereof, the facility will institute in order to 37 achieve zero emissions of greenhouse gases on or before the first day of 38 January, two thousand forty; and 39 f. The schedule for implementation of each of the measures identified 40 in the plan. 41 3. The owner or operator of a covered facility may submit to the 42 department, in lieu of a mandatory zero emission plan, written certif- 43 ication that it will cease operations on or before the first day of 44 January, two thousand forty. Such certification shall specify the date 45 that the covered facility will cease operations and include proof that 46 the department of public service has been notified of the date that the 47 facility will cease operations. 48 § 19-1507. Review of plans and certification. 49 1. The department shall review a plan submitted by a covered facility 50 and shall approve such plan if it demonstrates that the facility will 51 achieve, on or before January first, two thousand forty, zero emissions 52 of greenhouse gases. The department shall not approve the plan unless it 53 determines that the operational measures, emission controls, fuel use, 54 renewable replacement technologies, battery storage, or any combination 55 thereof, set forth in the plan are verifiable, enforceable and achieva- 56 ble based on currently existing technology or technology that will beS. 6762 3 1 reasonably available and reliable within the timeframe for implementa- 2 tion set forth in the plan. 3 2. The department shall provide public notice of the zero carbon emis- 4 sion plan and an opportunity for public comment on the plan of not less 5 than sixty days. The department shall hold at least one public hearing 6 on the plan in the community in which the covered facility is located. 7 3. After review and consideration of public comments, the department 8 shall approve or disapprove the plan. If the department approves the 9 plan, it shall issue a written certification that the covered facility 10 complies with the requirements of this title. 11 4. Upon approval of the mandatory zero carbon emission plan, the owner 12 or operator of the covered facility shall implement the plan in accord- 13 ance with the schedule set forth in the plan and provide to the depart- 14 ment an annual compliance and progress report beginning one year after 15 the department approves the plan. The department shall make each annual 16 compliance and progress report available on its website. 17 5. If the department disapproves a proposed plan, the department shall 18 inform the owner or operator of the covered facility in writing of the 19 reasons for such disapproval. The owner or operator shall submit a modi- 20 fied plan within sixty days of receiving the department's written notice 21 of disapproval. The modified plan shall be subject to the notice and 22 public comment and hearing procedures set forth in this section. 23 § 19-1509. Prohibition. 24 The department shall not issue a new operating permit or renew an 25 existing operating permit for a covered facility unless the owner or 26 operator of the facility has submitted to the department (i) a mandatory 27 zero carbon emission plan that has been approved by the department and 28 for which a written certification pursuant to section 19-1507 of this 29 title has been issued; or (ii) written certification that it will cease 30 operations on or before the first day of January, two thousand forty. 31 § 19-1511. Requirements for facilities granted suspension or modifica- 32 tion. 33 1. In the event the public service commission grants a covered facili- 34 ty a suspension or modification pursuant to subdivision four of section 35 sixty-six-p of the public service law of the obligation to achieve zero 36 emissions, the owner or operator of such covered facility shall submit 37 to the department as part of an application for a new operating permit 38 or an application to renew an existing operating permit a written carbon 39 emission reduction plan and supporting documentation demonstrating that 40 the facility's operations will, on or before the first day of January, 41 two thousand forty, achieve a two-to-one reduction in greenhouse gas 42 emissions as measured from the facility's baseline emissions of green- 43 house gases. 44 2. The plan shall include, at a minimum, the following: 45 a. The number of days and hours the plant operated during each of the 46 previous five years; 47 b. The annual power output of the plant for each of the previous five 48 years; 49 c. The fuel or fuels utilized by the plant to generate power; 50 d. The facility's annual emissions of greenhouse gases, expressed in 51 tons of carbon dioxide equivalents; 52 e. The verifiable and enforceable operational measures, emission 53 controls or carbon offsets, or any combination thereof, the facility 54 will institute or obtain in order to achieve a two-to-one reduction in 55 greenhouse gas emissions on or before the first day of January, two 56 thousand forty, together with an analysis of the reduction in tons ofS. 6762 4 1 carbon dioxide equivalents for each such operational measure, emission 2 control or carbon offset; and 3 f. The schedule for implementation of each of the measures identified 4 in the plan. 5 3. In order to meet the requirements of this section, a covered facil- 6 ity granted a suspension or modification may utilize carbon offsets. 7 Offsets shall be verifiable, enforceable and achievable. 8 4. Carbon offsets shall include the greenhouse gas emission offset 9 projects identified in subdivision ten of section 75-0101 of this chap- 10 ter; carbon dioxide removal by direct air capture; and the purchase of 11 zero emission vehicles for bus fleets serving a school district or muni- 12 cipality. 13 5. For purposes of this section direct air capture shall mean a facil- 14 ity, technology, or system that is powered by renewable energy and that 15 uses carbon capture equipment to capture carbon dioxide directly from 16 the air. The term direct air capture does not include any facility, 17 technology, or system that captures carbon dioxide that is deliberately 18 released from a naturally occurring subsurface spring or from natural 19 photosynthesis. 20 6. The department's review of the carbon reduction plan shall comply 21 with the procedures and requirements set forth in section 19-1507 of 22 this title. 23 § 19-1513. Regulations. 24 The department is authorized to promulgate such rules and regulations 25 as may be necessary to implement the provisions of this title. 26 § 3. Subdivision 3 of section 168 of the public service law, as added 27 by chapter 388 of the laws of 2011, is amended to read as follows: 28 3. The board may not grant a certificate for the construction or oper- 29 ation of a major electric generating facility, either as proposed or as 30 modified by the board, unless the board determines that: 31 (a) the facility is a beneficial addition to or substitution for the 32 electric generation capacity of the state; and 33 (b) the construction and operation of the facility will serve the 34 public interest; and 35 (c) the adverse environmental effects of the construction and opera- 36 tion of the facility will be minimized or avoided to the maximum extent 37 practicable; and 38 (d) if the board finds that the facility results in or contributes to 39 a significant and adverse disproportionate environmental impact in the 40 community in which the facility would be located, the applicant will 41 avoid, offset or minimize the impacts caused by the facility upon the 42 local community for the duration that the certificate is issued to the 43 maximum extent practicable using verifiable measures; and 44 (e) the facility is designed to operate in compliance with applicable 45 state and local laws and regulations issued thereunder concerning, among 46 other matters, the environment, public health and safety, all of which 47 shall be binding upon the applicant, except that the board may elect not 48 to apply, in whole or in part, any local ordinance, law, resolution or 49 other action or any regulation issued thereunder or any local standard 50 or requirement, including, but not limited to, those relating to the 51 interconnection to and use of water, electric, sewer, telecommunication, 52 fuel and steam lines in public rights of way, which would be otherwise 53 applicable if it finds that, as applied to the proposed facility, such 54 is unreasonably burdensome in view of the existing technology or the 55 needs of or costs to ratepayers whether located inside or outside of 56 such municipality. The board shall provide the municipality an opportu-S. 6762 5 1 nity to present evidence in support of such ordinance, law, resolution, 2 regulation or other local action issued thereunder[.]; and 3 (f) the facility has received a written certification from the depart- 4 ment of environmental conservation pursuant to section 19-1507 of the 5 environmental conservation law or has submitted a written certification 6 to the department and the department of environmental conservation 7 pursuant to subdivision three of section 19-1505 of the environmental 8 conservation law. 9 § 4. This act shall take effect immediately.
