S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9881
 
                           I N  A S S E M B L Y
 
                              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:

   Section 1. This act shall be known  as  the  "fossil  fuel  facilities
 replacement and redevelopment blueprint act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   (a) New York state, especially New York city,  is  reliant  on  fossil
 fuels  for energy production, making the transition to renewable sources
 of the downstate electricity system key to achieving the requirements of
 section 4 of  the  New  York  state  climate  leadership  and  community
 protection  act, including that seventy percent of the state's electric-
 ity be from renewable energy sources by  the  year  2030  and  that  one
 hundred percent of the state's electricity be from zero-emission sources
 by  the year 2040. A particular challenge is the reliance on fossil fuel
 generation facilities that only operate when  electricity  demand  peaks
 above the average usage.
   (b)  New  York  state  is committed to the responsible replacement and
 redevelopment of its fossil fuel  power  plants  that  currently  ensure
 resource adequacy in the state, especially in locations where the health
 benefits to historically disadvantaged communities can be maximized, and
 where  the  cost  effective  phasing-out  of such facilities can be done
 while helping to ensure a just transition for the existing workforce.
   (c) A public policy purpose would be served and the interests  of  the
 people  of  the  state would be advanced by directing the New York state
 energy research and development  authority,  in  consultation  with  the
 department  of  public service and department of environmental conserva-
 tion, to develop a study of strategies to facilitate the replacement and
 redevelopment of New York's oldest and most-polluting fossil fuel facil-
 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
 
   (d) It is the intent of  the  legislature  in  enacting  this  act  to
 empower  the  New  York state energy research and development authority,
 department of public service, and department of environmental  conserva-
 tion, to develop a study to facilitate the replacement and redevelopment
 of New York's oldest and most-polluting fossil fuel facilities and their
 sites  by 2030, while ensuring resource adequacy, and for those entities
 and the public service commission, and any other agencies or authorities
 of the state as may be required, to commence any  proceedings  or  other
 initiatives necessary to carry out the strategies described therein.
   §  3.  The New York state energy research and development authority is
 authorized and directed to:
   (a) develop a study of competitive options to facilitate the  replace-
 ment  and  redevelopment  of New York state's fossil fuel facilities and
 their sites by the year 2030, and to do  so  in  consultation  with  the
 department  of public service, the department of environmental conserva-
 tion, and other relevant state agencies  and  authorities  with  subject
 matter  expertise. The study should prioritize the replacement and rede-
 velopment of fossil fuel facilities with facilities that  will  directly
 assist  in  achieving  the  energy,  environmental justice and emissions
 reductions requirements of section 4 of the New York state climate lead-
 ership and community protection act. The study shall include recommenda-
 tions of standards and requirements that:
   (i) would significantly reduce the state's electricity system reliance
 on fossil fuels;
   (ii) would provide significant environmental, health and  other  bene-
 fits  to  disadvantaged  communities as such communities will be defined
 under section 75-0111 of the environmental conservation law; and
   (iii) would have significant  potential  for  job  creation,  economic
 development, and just transition opportunities benefiting New Yorkers.
   (b)  deliver  the  study  to  the governor, temporary president of the
 senate and speaker of the assembly within 180 days of the effective date
 of this section.
   § 4. The department of public service and department of  environmental
 conservation  are  authorized  and  directed to commence proceedings and
 establish programs and other initiatives  necessary  to  carry  out  the
 strategies  described  in the study referred to in section three of this
 act within 60 days of delivery of the study to the  governor,  temporary
 president of the senate and speaker of the assembly.
   § 5. The public service commission is authorized and directed to:
   (a) commence a proceeding to implement the strategies described in the
 study  referred to in section three of this act within 60 days of deliv-
 ery of the study to the governor, temporary president of the senate  and
 speaker of the assembly; and,
   (b)   issue  an  order  regarding  implementation  of  the  strategies
 described in the study referred to in section three of this act, includ-
 ing but not limited to any competitive procurement processes,  no  later
 than July 30, 2023.
   §  6.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2022.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9881--A
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1.  This  act  shall  be known as the "fossil fuel facilities
 replacement and redevelopment blueprint act".
   § 2. Legislative findings and statement of  purpose.  The  legislature
 hereby finds, determines and declares:
   (a)  New  York  state,  especially New York city, is reliant on fossil
 fuels for energy production, making the transition to renewable  sources
 for  the  downstate electricity system key to achieving the requirements
 of section 4 of the New York  state  climate  leadership  and  community
 protection  act, including that seventy percent of the state's electric-
 ity be from renewable energy sources by  the  year  2030  and  that  one
 hundred percent of the state's electricity be from zero-emission sources
 by  the year 2040. A particular challenge is the reliance on fossil fuel
 generation facilities that only operate when  electricity  demand  peaks
 above the average usage.
   (b)  New  York  state  is committed to the responsible replacement and
 redevelopment of its fossil fuel  power  plants  that  currently  ensure
 resource adequacy in the state, especially in locations where the health
 benefits to historically disadvantaged communities can be maximized, and
 where  the  cost  effective  phasing-out  of such facilities can be done
 while helping to ensure a just transition for the existing workforce.
   (c) A public policy purpose would be served and the interests  of  the
 people  of  the  state would be advanced by directing the New York state
 energy research and development  authority,  in  consultation  with  the
 department  of  public service and department of environmental conserva-
 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
 
 redevelopment of New York's oldest and most-polluting fossil fuel facil-
 ities and their sites by 2030, while ensuring resource adequacy.
   (d)  It  is  the  intent  of  the  legislature in enacting this act to
 empower the New York state energy research  and  development  authority,
 department  of public service, and department of environmental conserva-
 tion, to develop a study to facilitate the replacement and redevelopment
 of New York's oldest and most-polluting fossil fuel facilities and their
 sites by 2030, while ensuring resource adequacy, and for those  entities
 and the public service commission, and any other agencies or authorities
 of  the  state  as may be required, to commence any proceedings or other
 initiatives necessary to carry out the strategies described therein.
   § 3. The New York state energy research and development  authority  is
 authorized and directed to:
   (a)  develop  a  study  of competitive options to facilitate the phase
 out, replacement and redevelopment of New York state's oldest and  most-
 polluting fossil fuel facilities and their sites by the year 2030, while
 ensuring  resource  adequacy  and  other  reliability services are main-
 tained, and to do so in  consultation  with  the  department  of  public
 service,  the  department  of environmental conservation, other relevant
 state agencies and authorities with subject matter expertise, the feder-
 ally designated electric bulk system operator, the New York State  Reli-
 ability  Council,  and  the  owners of such facilities. The study should
 prioritize the replacement and redevelopment of such fossil fuel facili-
 ties with facilities that will directly assist in achieving the  energy,
 environmental  justice  and emissions reductions requirements of section
 66-p of the public service law. The study shall include  recommendations
 of standards and requirements that:
   (i) would significantly reduce the state's electricity system reliance
 on  fossil fuels, taking into account the requirements and timing of the
 state's emission reduction programs;
   (ii) would establish a competitive program to promote  private  sector
 investment  in  eligible technologies that the public service commission
 has   determined, after notice and  provision  for  the  opportunity  to
 comment,  ensure  resource adequacy, while achieving the requirements of
 section 66-p of the public service law;
   (iii) would provide significant environmental, health and other  bene-
 fits  to  disadvantaged  communities as such communities will be defined
 under section 75-0111 of the environmental conservation law; and
   (iv) would have significant potential for job creation and  retention,
 economic  development,  and just transition opportunities benefiting New
 Yorkers and the state's workforce;
   (b) provide  public  notice  of   the   study and an  opportunity  for
 public  comment  on the study of not less than sixty days and conduct at
 least two   public hearings on the  study,  with  such  public  hearings
 offering  video participation and accessibility;
   (c)  address  public  comments  and  update the study, as appropriate,
 especially to ensure resource  adequacy  and  reliability  services  are
 maintained; and
   (d)  deliver  the  study  to  the governor, temporary president of the
 senate and speaker of the assembly within 180 days of the effective date
 of this section.
   § 4. The department of public service and department of  environmental
 conservation  are  authorized  and  directed to commence proceedings and
 stakeholder processes to establish programs and other initiatives neces-
 sary to carry out the strategies, programs, standards, and  requirements
 described  in  the study referred to in section three of this act within
 A. 9881--A                          3

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