S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5198
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 3, 2023
                                ___________
 
 Introduced by M. of A. PALMESANO, BARCLAY, TAGUE, ANGELINO, BLANKENBUSH,
   BRABENEC,  K. BROWN,  BYRNES,  DeSTEFANO,  DURSO, FITZPATRICK, FRIEND,
   GALLAHAN,  GANDOLFO,  J. A. GIGLIO,  J. M. GIGLIO,   HAWLEY,   JENSEN,
   LEMONDES,  MANKTELOW,  McDONOUGH,  MIKULIN, MILLER, MORINELLO, NORRIS,
   RA, REILLY, SIMPSON, SMITH, SMULLEN, TANNOUSIS, WALSH -- read once and
   referred to the Committee on Energy
 
 AN ACT to amend the public service law, in  relation  to  directing  the
   public  service  commission to conduct a full cost benefit analysis of
   the technical and economic feasibility of renewable energy systems  in
   the  state of New York and to compare such directly with other methods
   of electricity generation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-u to read as follows:
   § 66-U. SUPPLEMENTAL STUDY  OF  THE  COSTS,  BENEFITS,  TECHNICAL  AND
 ECONOMIC  FEASIBILITY  OF  MEETING THE NEW YORK STATE CLIMATE LEADERSHIP
 AND COMMUNITY PROTECTION ACT RENEWABLE ENERGY TARGETS. 1. NOT LATER THAN
 NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS  SECTION,  AND  EVERY  FOUR
 YEARS  THEREAFTER, THE COMMISSION, ON BEHALF OF THE CLIMATE ACTION COUN-
 CIL ESTABLISHED BY SECTION 75-0103  OF  THE  ENVIRONMENTAL  CONSERVATION
 LAW, AND IN CONSULTATION WITH THE PRESIDENT OF THE NEW YORK STATE ENERGY
 RESEARCH  AND  DEVELOPMENT  AUTHORITY  AND  THE PRESIDING OFFICER OF THE
 FEDERALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR,  SHALL  PUBLISH  AND
 UPDATE  A COMPREHENSIVE STUDY TO DETERMINE THE COSTS, BENEFITS AND OVER-
 ALL ECONOMIC FEASIBILITY OF MEETING THE CLIMATE LEADERSHIP AND COMMUNITY
 PROTECTION ACT ("CLCPA") TARGETS FOR RENEWABLE  ENERGY  SYSTEMS  IN  NEW
 YORK STATE.
   2. SUCH STUDY SHALL INCLUDE A FULL COST BENEFIT ANALYSIS ASSESSING THE
 FOLLOWING, INCLUDING, BUT NOT LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06239-01-3
 A. 5198                             2
              

 
   (A)  THE  CURRENT STATE OF TECHNOLOGY IN PLACE FOR ELECTRIC GENERATION
 AS OF THE DATE OF THE STUDY, AS WELL  AS  NEW  AND  EMERGING  GENERATION
 METHODS;
   (B)  THE  IMPACT  OF CLCPA RENEWABLE ENERGY TARGET COMPLIANCE ON ELEC-
 TRICITY WHOLESALE PRICES, DELIVERY RATES AND  TOTAL  BILLS  THAT  ENERGY
 CONSUMERS  IN THIS STATE WILL PAY, INCLUDING INDIRECT ENERGY COSTS. THIS
 ANALYSIS WOULD INCLUDE THE IMPACTS OF SUBSIDIES TO SITE  LAND-BASED  AND
 OFFSHORE  RENEWABLE  ENERGY  PROJECTS,  THE  BUILD-OUT  OF  THE ELECTRIC
 INFRASTRUCTURE TO RECEIVE AND TRANSMIT  RENEWABLE  POWER,  SUBSIDIES  OF
 ENERGY  STORAGE  PROJECTS, AND THE ADDITION OF NEW LOADS ASSOCIATED WITH
 DEEP ELECTRIFICATION EFFORTS IN THE RESIDENTIAL, COMMERCIAL,  INDUSTRIAL
 AND  TRANSPORTATION SECTORS. THIS ANALYSIS SHALL ADDRESS BOTH SHORT-TERM
 AND LONG-TERM MAINTENANCE COSTS;
   (C) DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE TRANSITION TO  HEAT-
 ING  AND  COOLING  PROVIDED  BY  HEAT  PUMPS POWERED BY RENEWABLE ENERGY
 SYSTEMS;
   (D) THE CURRENT CIVILIAN STATE OF THE ART IN NUCLEAR REACTOR TECHNOLO-
 GY AND THE ROLE SUCH TECHNOLOGY COULD PLAY IN THE TRANSITION TO A CLEAN-
 ER, MORE RELIABLE, AND MORE  RESILIENT  ENERGY  PORTFOLIO  IN  NEW  YORK
 STATE;
   (E)  THE  IMPACT OF RENEWABLE ENERGY SYSTEMS ON THE RELIABILITY OF THE
 ELECTRIC SYSTEM IN THIS STATE, INCLUDING BUT  NOT  LIMITED  TO,  VOLTAGE
 SAGS  AND  HOW  RELIABILITY  SHALL  BE  MAINTAINED  WHEN  SOLAR AND WIND
 RESOURCES ARE NOT GENERATING POWER, AND SHALL ALSO ADDRESS HOW RELIABIL-
 ITY WILL BE MAINTAINED IF FAST-RAMPING GAS-FIRED  GENERATION  IS  PHASED
 OUT;
   (F)  COSTS  AND LOGISTICAL ISSUES ASSOCIATED WITH END-OF-LIFE DISPOSAL
 OF RENEWABLE ENERGY SYSTEM COMPONENTS;
   (G) SHORT-TERM AND LONG-TERM COSTS ASSOCIATED  WITH  BUILDING-OUT  AND
 MAINTAINING  ADEQUATE ENERGY STORAGE AND/OR BATTERY CAPACITY FOR PERIODS
 WHEN RENEWABLE ENERGY SYSTEMS ARE INTERMITTENT;
   (H) DIRECT AND INDIRECT  TRANSPORTATION  COSTS  ASSOCIATED  WITH  SUCH
 MATTERS AS CHARGING STATION INFRASTRUCTURE, A MORATORIUM ON GAS PIPELINE
 CONSTRUCTION,  AND  OVER-THE-ROAD TRANSPORT OF GOODS, SUCH AS PERISHABLE
 AGRICULTURAL PRODUCTS;
   (I) THE IMPACT OF CLCPA  COMPLIANCE  ON  NATURAL  GAS  MARKET  PRICES,
 DELIVERY  RATES AND TOTAL BILLS THAT ENERGY CONSUMERS IN THIS STATE WILL
 PAY INCLUDING BUT NOT LIMITED TO SHORT-TERM  AND  LONG-TERM  MAINTENANCE
 COSTS;
   (J)  THE IMPACT CLCPA COMPLIANCE HAS ON THE RELIABILITY OF THE NATURAL
 GAS SYSTEM IN THIS STATE AND ITS ABILITY TO SUPPORT MANUFACTURING  PROC-
 ESSES  FOR  WHICH  TODAY THERE ARE NO KNOWN REPLACEMENT FUELS. CONSIDER-
 ATION SHALL BE GIVEN TO THE FOLLOWING: THE  UTILIZATION  AND  DEPENDENCE
 UPON  NATURAL GAS BY MANUFACTURERS FOR PROCESS PURPOSES; THE UTILIZATION
 AND DEPENDENCE ON NATURAL GAS SERVICE FOR COOKING BY THE RESTAURANT  AND
 FOOD-SERVICE  INDUSTRY,  DUE  TO  THE ABILITY OF GAS RANGES AND OVENS TO
 HEAT FOODS MORE EVENLY THAN THEIR  ELECTRIC  COUNTERPARTS;  THE  USE  OF
 NATURAL GAS FOR HEATING IN FORTY-SIX PERCENT OF HOUSEHOLDS IN THE NORTH-
 EAST;  AND  RELIABLE  AND  AFFORDABLE ALTERNATIVES FOR HEATING AND OTHER
 SERVICES CURRENTLY SUPPLIED BY NATURAL GAS;
   (K) CLARIFICATION OF THE IMPACT OF CLCPA COMPLIANCE ON INDUSTRIAL  USE
 OF FOSSIL FUELS; AND
   (L)  AN  EXAMINATION  OF  THE LAND USE IMPLICATIONS OF MAJOR RENEWABLE
 ELECTRIC GENERATING FACILITIES IN THE STATE, BOTH FROM THE STANDPOINT OF
 TOURISM AND THIS STATE'S TOURISM-BASED ECONOMIC SECTORS,  AND  POTENTIAL
 EFFECTS ON THE VIABILITY OF AGRICULTURE IN THIS STATE.
 A. 5198                             3
 
   3.  SUCH  STUDY  SHALL  BUILD  UPON  RELEVANT EXPERTISE ALREADY AT THE
 COMMISSION'S DISPOSAL, ALONG WITH THAT OF THE CLIMATE ACTION COUNCIL.
   4. THE DEPARTMENT, ON BEHALF OF THE COMMISSION, SHALL CONTRACT WITH AN
 INDEPENDENT  AND  COMPETITIVELY-SELECTED  CONSULTANT  TO  UNDERTAKE SUCH
 STUDY.
   5. THE  DEPARTMENT,  AND  ANY  CONTRACTORS  IT  MAY  RETAIN  FOR  SUCH
 PURPOSES,  SHALL CONSULT WITH ENTITIES THAT HAVE RESOURCES AND EXPERTISE
 TO ASSIST IN SUCH STUDY, INCLUDING, BUT NOT LIMITED TO,  ACADEMIC  PART-
 NERS,  ELECTRIC  CORPORATIONS,  ELECTRICITY  GENERATING COMPANIES, TRADE
 ORGANIZATIONS, ENVIRONMENTAL JUSTICE GROUPS, AND OTHER STAKEHOLDERS.
   6. UPON COMPLETION  OF  THE  INITIAL  STUDY  AND  EACH  UPDATED  STUDY
 CONDUCTED  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, THE DEPARTMENT
 SHALL PREPARE A REPORT ON SUCH STUDY'S FINDINGS,  INCLUDING  RECOMMENDA-
 TIONS FOR FUTURE COURSES OF ACTION AND/OR THOSE ISSUES REQUIRING FURTHER
 INVESTIGATION.  THE COMMISSION SHALL TRANSMIT SUCH REPORT ALONG WITH THE
 STUDY  TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER
 OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE  MINORITY
 LEADER  OF  THE  SENATE, THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE, THE
 RANKING MEMBER OF THE ASSEMBLY ENERGY COMMITTEE, THE CHAIR OF THE SENATE
 ENERGY AND TELECOMMUNICATIONS COMMITTEE, AND THE RANKING MEMBER  OF  THE
 SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE NO LATER THAN THIRTY DAYS
 AFTER THE STUDY'S COMPLETION.
   7.  THE  LONG  ISLAND  POWER  AUTHORITY AND THE POWER AUTHORITY OF THE
 STATE OF NEW YORK ARE AUTHORIZED, AS DEEMED FEASIBLE  AND  ADVISABLE  BY
 THEIR  RESPECTIVE  BOARDS,  TO MAKE A VOLUNTARY CONTRIBUTION TOWARD THIS
 STUDY.
   8. UPON RECEIPT OF THE REPORT OF THE STUDY'S FINDINGS, THE  COMMISSION
 SHALL,  WITHIN  NINETY  DAYS, PROMULGATE RULES AND REGULATIONS NECESSARY
 FOR EFFECTUATING THE INTENT OF THE RECOMMENDATIONS MADE BY THE REPORT.
   § 2. This act shall take effect immediately.