S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4378
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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,  in  relation  to
   establishing  the  "pollution  justice act of 2021" and implementing a
   plan to replace peaker plants with renewable energy systems

   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 and may be cited as the "pollution
 justice act of 2021".
   § 2. Article 19 of the environmental conservation law  is  amended  by
 adding a new title 13 to read as follows:
                                 TITLE 13
                               PEAKER PLANTS
 SECTION 19-1301. STATEMENT OF FINDINGS.
         19-1303. DEFINITIONS.
         19-1305. MANDATORY REPLACEMENT AND COMPLIANCE PLAN.
         19-1307. EXTENSIONS FOR CAUSE.
         19-1309. PROHIBITIONS.
         19-1311. EXEMPTIONS.
 § 19-1301. STATEMENT OF FINDINGS.
   1.  ELECTRIC GENERATING UNITS THAT GENERALLY OPERATE ONLY DURING PERI-
 ODS OF PEAK ELECTRICITY DEMAND ARE KNOWN AS PEAKER PLANTS.  MANY  PEAKER
 PLANTS  IN  THE STATE ARE OLDER FOSSIL FUEL-FIRED UNITS THAT EMIT GREEN-
 HOUSE GASES AND A VARIETY OF  OTHER  HARMFUL  AIR  POLLUTANTS  INCLUDING
 SULFUR OXIDES, NITROGEN OXIDES, PARTICULATES AND MERCURY.
   2. A SUBSTANTIAL NUMBER OF PEAKER PLANTS ARE LOCATED IN OR ADJACENT TO
 ENVIRONMENTAL  JUSTICE  COMMUNITIES  IN  THE  CITY  OF NEW YORK AND LONG
 ISLAND THAT ALREADY BEAR DISPROPORTIONATE POLLUTION  BURDENS  DUE  TO  A
 HISTORY  OF SITING POLLUTION SOURCES IN THOSE COMMUNITIES. MORE THAN ONE
 MILLION NEW YORKERS LIVE WITHIN ONE MILE OF A PEAKER PLANT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04461-01-1
              

 S. 4378                             2
 
   3. PEAKER PLANTS OFTEN OPERATE DURING SUMMER MONTHS WHEN AIR POLLUTION
 LEVELS ARE HIGHEST AND THEIR EMISSIONS ADD TO EXISTING POLLUTION BURDENS
 IN ENVIRONMENTAL JUSTICE COMMUNITIES AND CONTRIBUTE  TO  ADVERSE  HEALTH
 EFFECTS IN THOSE COMMUNITIES FROM AIR POLLUTION.
   4. THE OWNERS AND OPERATORS OF PEAKER PLANTS HAVE RECEIVED BILLIONS OF
 DOLLARS  IN  CAPACITY  PAYMENTS  FROM RATEPAYERS OVER THE LAST DECADE TO
 SUBSIDIZE OPERATION OF THEIR PLANTS, EVEN THOUGH THE PLANTS ONLY OPERATE
 DURING PEAK LOAD PERIODS.
   5. FOSSIL FUEL-BURNING PEAKER PLANTS CAN BE  REPLACED  WITH  RENEWABLE
 ENERGY SYSTEMS THAT WILL ELIMINATE OR SIGNIFICANTLY REDUCE AIR POLLUTION
 IMPACTS  TO  ENVIRONMENTAL  JUSTICE  COMMUNITIES FROM PEAKER PLANT OPER-
 ATIONS.
   6. REPLACEMENT OF FOSSIL FUEL-BURNING  PEAKER  PLANTS  WITH  RENEWABLE
 ENERGY  SYSTEMS IS IN THE PUBLIC INTEREST, WILL SAVE MILLIONS OF DOLLARS
 IN ENVIRONMENTAL AND HUMAN HEALTH-RELATED DAMAGES, WILL PROMOTE ENVIRON-
 MENTAL JUSTICE AND WILL ASSIST IN MEETING THE  GREENHOUSE  GAS  EMISSION
 REDUCTION  AND ENERGY STORAGE GOALS OF THE CLIMATE LEADERSHIP AND COMMU-
 NITY PROTECTION ACT.
 § 19-1303. DEFINITIONS.
   1. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE FROM THE PLANT
 PROPERTY BOUNDARY.
   2. "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED  BY
 A  POVERTY RATE OF AT LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF AT
 LEAST ONE HUNDRED TWENTY-FIVE  PERCENT  OF  THE  STATEWIDE  UNEMPLOYMENT
 RATE.
   3.  "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS AN ECONOMICALLY DISTRESSED
 AREA OR MINORITY COMMUNITY AND INCLUDES, BUT IS NOT LIMITED TO, ENVIRON-
 MENTAL JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   4. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS IDENTIFIED IN THE DEFINITION
 OF MINORITY GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION  THREE  HUNDRED
 TEN OF THE EXECUTIVE LAW.
   5.  "MINORITY  COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS BLOCK OR
 CENSUS BLOCK GROUP THAT INCLUDES TWENTY-FIVE  PERCENT  OR  MORE  OF  ANY
 ETHNIC GROUP.
   6.  "OPERATING PERMIT" SHALL HAVE THE MEANING SET FORTH IN SUBDIVISION
 EIGHTEEN OF SECTION 19-0107 OF THIS ARTICLE.
   7. "RENEWABLE ENERGY SYSTEMS" SHALL HAVE  THE  MEANING  SET  FORTH  IN
 SECTION  SIXTY-SIX-P OF THE PUBLIC SERVICE LAW AND MAY ALSO INCLUDE FIRM
 ZERO CARBON RESOURCES SUCH AS LONG-DURATION ENERGY STORAGE  AND  THERMAL
 RESOURCES POWERED BY ZERO CARBON FUELS.
   8.  "REPLACE" OR "REPLACEMENT" MEANS THE CONSTRUCTION AND OPERATION OF
 A RENEWABLE ENERGY SYSTEM, BATTERY OR ENERGY  STORAGE,  OR  TRANSMISSION
 AND DISTRIBUTION INFRASTRUCTURE THAT ENABLES THE PROVISION OF THE EQUIV-
 ALENT  MAXIMUM  ANNUAL  POWER  OUTPUT ACHIEVED BY THE REPLACEABLE PEAKER
 PLANT DURING  ANY  SINGLE  YEAR  DURING  THE  TEN  YEARS  PRECEDING  THE
 SUBMISSION OF AN APPLICATION TO RENEW AN OPERATING PERMIT.
   9. "REPLACEABLE PEAKER PLANT" MEANS A MAJOR ELECTRIC GENERATING FACIL-
 ITY  AS  DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION 19-0312 OF
 THIS ARTICLE THAT BURNS COAL, OIL, DIESEL OR NATURAL GAS  AND  GENERATED
 ELECTRICITY  LESS THAN TEN PERCENT OF THE YEAR DURING AT LEAST TWO YEARS
 BETWEEN TWO THOUSAND FIFTEEN THROUGH TWO THOUSAND NINETEEN AND  THAT  IS
 LOCATED IN OR ADJACENT TO AN ENVIRONMENTAL JUSTICE COMMUNITY.
 § 19-1305. MANDATORY REPLACEMENT AND COMPLIANCE PLAN.
   1. THE OWNER OR OPERATOR OF A REPLACEABLE PEAKER PLANT SHALL SUBMIT TO
 THE  DEPARTMENT AS PART OF AN APPLICATION TO RENEW AN OPERATING PERMIT A

 S. 4378                             3
 
 MANDATORY REPLACEMENT AND COMPLIANCE PLAN THAT SHALL INCLUDE, AT A MINI-
 MUM, THE FOLLOWING:
   A. THE NUMBER OF DAYS AND HOURS SUCH PLANT OPERATED DURING EACH OF THE
 PREVIOUS TEN YEARS;
   B.  THE ANNUAL POWER OUTPUT OF SUCH PLANT FOR EACH OF THE PREVIOUS TEN
 YEARS;
   C. THE FUEL OR FUELS UTILIZED BY SUCH PLANT TO GENERATE POWER;
   D. A PROPOSED STRATEGY TO REPLACE  THE  PLANT  WITH  RENEWABLE  ENERGY
 SYSTEMS OR BATTERY STORAGE OR A COMBINATION THEREOF. THE STRATEGY SHALL,
 AT  A  MINIMUM,  SET FORTH THE TYPE OR TYPES OF RENEWABLE ENERGY SYSTEMS
 AND BATTERY STORAGE TO BE UTILIZED, THE PROPOSED LOCATION  OR  LOCATIONS
 OF  SUCH  RENEWABLE ENERGY SYSTEMS AND BATTERY STORAGE, AND THE ELECTRIC
 GENERATING CAPACITY OF SUCH RENEWABLE ENERGY SYSTEMS AND  BATTERY  STOR-
 AGE;
   E. A TIMETABLE FOR IMPLEMENTATION OF THE PROPOSED REPLACEMENT STRATEGY
 THAT SHALL NOT EXCEED FIVE YEARS FROM THE DATE OF RENEWAL OF THE OPERAT-
 ING  PERMIT  AND THAT SHALL ENSURE THAT THE RENEWABLE ENERGY SYSTEMS AND
 BATTERY STORAGE ARE FULLY OPERATIONAL, AND THE OPERATIONS OF THE  PEAKER
 PLANT  CAN BE COMPLETELY REPLACED, ON OR BEFORE FIVE YEARS FROM THE DATE
 OF RENEWAL OF THE OPERATING PERMIT; AND
   F. A DEMONSTRATION OF HOW THE PROPOSED RENEWABLE  ENERGY  SYSTEMS  AND
 BATTERY  STORAGE  STRATEGY  AND TIMETABLE FOR IMPLEMENTATION WILL COMPLY
 WITH THE RENEWABLE ENERGY GOALS SET FORTH IN SECTION SIXTY-SIX-P OF  THE
 PUBLIC SERVICE LAW.
   2.  THE  DEPARTMENT  SHALL  PROVIDE  PUBLIC  NOTICE  OF  THE MANDATORY
 REPLACEMENT AND COMPLIANCE PLAN AND AN OPPORTUNITY FOR PUBLIC COMMENT ON
 THE PLAN OF NOT LESS THAN SIXTY DAYS. THE DEPARTMENT SHALL HOLD AT LEAST
 ONE PUBLIC HEARING ON THE PLAN IN  THE  AFFECTED  ENVIRONMENTAL  JUSTICE
 COMMUNITY OR COMMUNITIES.
   3.  AFTER  REVIEW AND CONSIDERATION OF PUBLIC COMMENTS, THE DEPARTMENT
 SHALL APPROVE, APPROVE WITH MODIFICATIONS OR DISAPPROVE THE PLAN.
   4. UPON APPROVAL OF THE MANDATORY REPLACEMENT AND COMPLIANCE PLAN, THE
 OWNER OR OPERATOR OF THE REPLACEABLE PEAKER PLANT  SHALL  IMPLEMENT  THE
 PLAN  IN  ACCORDANCE WITH THE SCHEDULE SET FORTH IN THE PLAN AND PROVIDE
 TO THE DEPARTMENT AN ANNUAL COMPLIANCE AND PROGRESS REPORT BEGINNING ONE
 YEAR AFTER THE DEPARTMENT APPROVES THE PLAN. THE DEPARTMENT  SHALL  MAKE
 EACH ANNUAL COMPLIANCE AND PROGRESS REPORT AVAILABLE ON ITS WEBSITE.
   5. IF THE DEPARTMENT DISAPPROVES A PROPOSED PLAN, THE DEPARTMENT SHALL
 INFORM  THE OWNER OR OPERATOR OF THE REPLACEABLE PEAKER PLANT IN WRITING
 OF THE REASONS FOR SUCH DISAPPROVAL AND SHALL IDENTIFY THE  PORTIONS  OF
 THE  DISAPPROVED  PLAN  THAT  NEED TO BE MODIFIED. THE OWNER OR OPERATOR
 SHALL SUBMIT A MODIFIED PLAN WITHIN SIXTY DAYS OF RECEIVING THE  DEPART-
 MENT'S WRITTEN NOTICE OF DISAPPROVAL. THE MODIFIED PLAN SHALL BE SUBJECT
 TO  THE  NOTICE  AND  PUBLIC COMMENT AND HEARING PROCEDURES SET FORTH IN
 THIS SECTION.
 § 19-1307. EXTENSIONS FOR CAUSE.
   THE OWNER OR OPERATOR OF A REPLACEABLE PEAKER PLANT MAY APPLY  TO  THE
 DEPARTMENT FOR A SINGLE FIVE-YEAR EXTENSION OF THE DEADLINE FOR REPLACE-
 MENT  SET  FORTH  IN SECTION 19-1305 OF THIS ARTICLE. THE DEPARTMENT MAY
 GRANT AN EXTENSION REQUEST UPON A SHOWING  BY  THE  APPLICANT  THAT  (A)
 REPLACEMENT OF THE PLANT WITH RENEWABLE ENERGY SYSTEMS AND BATTERY STOR-
 AGE  BY  THE  DEADLINE IS NOT FEASIBLE, AND (B) THE DEPARTMENT OF PUBLIC
 SERVICE, IN CONSULTATION WITH THE NEW YORK INDEPENDENT SYSTEM  OPERATOR,
 HAS  MADE  A  WRITTEN  DETERMINATION THAT EXTENDING THE DEADLINE FOR THE
 PLANT IS NECESSARY TO MAINTAIN RELIABILITY OF THE ELECTRIC GRID.
 § 19-1309. PROHIBITIONS.

 S. 4378                             4
 
   1. EXCEPT AS PROVIDED IN SECTION 19-1307  OF  THIS  TITLE,  NO  PERSON
 SHALL  OPERATE A REPLACEABLE PEAKER PLANT THAT IS NOT IN COMPLIANCE WITH
 THE REQUIREMENTS OF THIS TITLE AND THE DEPARTMENT  SHALL  NOT  ISSUE  AN
 OPERATING  PERMIT  OR RENEW AN OPERATING PERMIT FOR A REPLACEABLE PEAKER
 PLANT  THAT  DOES NOT HAVE AN APPROVED MANDATORY REPLACEMENT AND COMPLI-
 ANCE PLAN.
   2. THE DEPARTMENT SHALL NOT ISSUE AN  OPERATING  PERMIT  OR  RENEW  AN
 OPERATING  PERMIT  FOR A REPLACEABLE PEAKER PLANT THAT HAS NOT COMPLETED
 IMPLEMENTATION OF A MANDATORY REPLACEMENT AND  COMPLIANCE  PLAN  BY  THE
 DEADLINE SET FORTH IN THE PLAN.
 § 19-1311. EXEMPTIONS.
   1.  A  REPLACEABLE  PEAKER PLANT IS NOT SUBJECT TO THE REQUIREMENTS OF
 THIS TITLE IF THE OWNER OR OPERATOR OF THE PLANT HAS  SUBMITTED  WRITTEN
 NOTIFICATION  TO THE DEPARTMENT OF PUBLIC SERVICE THAT THE PLANT WILL BE
 PERMANENTLY RETIRED ON OR BEFORE THE FIRST DAY OF JANUARY, TWO  THOUSAND
 TWENTY-SIX.
   2. THE DEPARTMENT SHALL, EFFECTIVE ON OR BEFORE THE FIRST DAY OF JANU-
 ARY, TWO THOUSAND TWENTY-SIX, REVOKE THE OPERATING PERMIT OF A REPLACEA-
 BLE PEAKER PLANT FOR WHICH WRITTEN NOTIFICATION HAS BEEN PROVIDED TO THE
 DEPARTMENT  OF  PUBLIC  SERVICE  PURSUANT  TO  SUBDIVISION  ONE  OF THIS
 SECTION.
   § 3. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4378--A
     Cal. No. 341
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced by Sens. BRISPORT, HINCHEY, SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to  first  and  second report, ordered to a third reading, amended and
   ordered reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  the  "pollution  justice act of 2021" and implementing a
   plan to replace peaker plants with renewable energy systems
 
   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 and may be cited as the "pollution
 justice act of 2021".
   § 2. Article 19 of the environmental conservation law  is  amended  by
 adding a new title 13 to read as follows:
                                 TITLE 13
                               PEAKER PLANTS
 SECTION 19-1301. STATEMENT OF FINDINGS.
         19-1303. DEFINITIONS.
         19-1305. MANDATORY REPLACEMENT AND COMPLIANCE PLAN.
         19-1307. EXTENSIONS FOR CAUSE.
         19-1309. PROHIBITIONS.
         19-1311. EXEMPTIONS.
 § 19-1301. STATEMENT OF FINDINGS.
   1.  ELECTRIC GENERATING UNITS THAT GENERALLY OPERATE DURING PERIODS OF
 PEAK ELECTRICITY DEMAND ARE KNOWN AS PEAKER PLANTS. MANY  PEAKER  PLANTS
 IN  THE  STATE  ARE  OLDER  FOSSIL FUEL-FIRED UNITS THAT EMIT GREENHOUSE
 GASES AND A VARIETY OF OTHER HARMFUL  AIR  POLLUTANTS  INCLUDING  SULFUR
 OXIDES, NITROGEN OXIDES, PARTICULATES AND MERCURY.
   2. A SUBSTANTIAL NUMBER OF PEAKER PLANTS ARE LOCATED IN OR ADJACENT TO
 ENVIRONMENTAL  JUSTICE  COMMUNITIES  IN  THE  CITY  OF NEW YORK AND LONG
 ISLAND THAT ALREADY BEAR DISPROPORTIONATE POLLUTION  BURDENS  DUE  TO  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04461-02-1

 S. 4378--A                          2
 
 HISTORY  OF SITING POLLUTION SOURCES IN THOSE COMMUNITIES. MORE THAN ONE
 MILLION NEW YORKERS LIVE WITHIN ONE MILE OF A PEAKER PLANT.
   3.  POLLUTANTS  FROM  PEAKER  PLANTS  CONTRIBUTE TO SIGNIFICANT PUBLIC
 HEALTH PROBLEMS. ACCORDING TO THE NEW YORK CITY DEPARTMENT OF HEALTH AND
 MENTAL HYGIENE'S AIR POLLUTION AND THE HEALTH  OF  NEW  YORKERS  REPORT:
 "EACH  YEAR,  PM2.5  POLLUTION IN (NEW YORK CITY) CAUSES MORE THAN 3,000
 DEATHS, 2,000 HOSPITAL ADMISSIONS FOR LUNG  AND  HEART  CONDITIONS,  AND
 APPROXIMATELY  6,000  EMERGENCY DEPARTMENT VISITS FOR ASTHMA IN CHILDREN
 AND ADULTS."   ACCORDING TO THE REPORT, EACH  YEAR  EXPOSURES  TO  OZONE
 CONCENTRATIONS ABOVE BACKGROUND LEVELS CAUSE AN ESTIMATED "400 PREMATURE
 DEATHS,  850  HOSPITALIZATIONS FOR ASTHMA AND 4,500 EMERGENCY DEPARTMENT
 VISITS FOR ASTHMA."
   4. PEAKER PLANTS OFTEN OPERATE DURING SUMMER MONTHS WHEN AIR POLLUTION
 LEVELS ARE HIGHEST AND THEIR EMISSIONS ADD TO EXISTING POLLUTION BURDENS
 IN ENVIRONMENTAL JUSTICE COMMUNITIES AND CONTRIBUTE  TO  ADVERSE  HEALTH
 EFFECTS IN THOSE COMMUNITIES FROM AIR POLLUTION.
   5. THE OWNERS AND OPERATORS OF PEAKER PLANTS HAVE RECEIVED BILLIONS OF
 DOLLARS  IN  CAPACITY  PAYMENTS  FROM RATEPAYERS OVER THE LAST DECADE TO
 SUBSIDIZE OPERATION OF THEIR PLANTS, EVEN THOUGH  THE  PLANTS  PRIMARILY
 OPERATE DURING PEAK LOAD PERIODS.
   6.  FOSSIL  FUEL-BURNING  PEAKER PLANTS CAN BE REPLACED WITH RENEWABLE
 ENERGY SYSTEMS THAT WILL ELIMINATE OR SIGNIFICANTLY REDUCE AIR POLLUTION
 IMPACTS TO ENVIRONMENTAL JUSTICE COMMUNITIES  FROM  PEAKER  PLANT  OPER-
 ATIONS.
   7.  REPLACEMENT  OF  FOSSIL  FUEL-BURNING PEAKER PLANTS WITH RENEWABLE
 ENERGY SYSTEMS IS IN THE PUBLIC INTEREST, WILL SAVE MILLIONS OF  DOLLARS
 IN ENVIRONMENTAL AND HUMAN HEALTH-RELATED DAMAGES, WILL PROMOTE ENVIRON-
 MENTAL  JUSTICE  AND  WILL ASSIST IN MEETING THE GREENHOUSE GAS EMISSION
 REDUCTION AND ENERGY STORAGE GOALS OF THE CLIMATE LEADERSHIP AND  COMMU-
 NITY PROTECTION ACT.
 § 19-1303. DEFINITIONS.
   1. "ADJACENT TO" SHALL MEAN WITHIN A RADIUS OF ONE MILE FROM THE PLANT
 PROPERTY BOUNDARY.
   2.  "ECONOMICALLY DISTRESSED AREA" SHALL MEAN AN AREA CHARACTERIZED BY
 A POVERTY RATE OF AT LEAST TWENTY PERCENT OR AN UNEMPLOYMENT RATE OF  AT
 LEAST  ONE  HUNDRED  TWENTY-FIVE  PERCENT  OF THE STATEWIDE UNEMPLOYMENT
 RATE.
   3. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS AN ECONOMICALLY  DISTRESSED
 AREA OR MINORITY COMMUNITY AND INCLUDES, BUT IS NOT LIMITED TO, ENVIRON-
 MENTAL JUSTICE AREAS IDENTIFIED BY THE DEPARTMENT.
   4. "ETHNIC GROUP" SHALL MEAN THOSE GROUPS IDENTIFIED IN THE DEFINITION
 OF  MINORITY  GROUP MEMBER IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED
 TEN OF THE EXECUTIVE LAW.
   5. "MINORITY COMMUNITY" SHALL MEAN ANY CENSUS TRACT, CENSUS  BLOCK  OR
 CENSUS  BLOCK  GROUP  THAT  INCLUDES  TWENTY-FIVE PERCENT OR MORE OF ANY
 ETHNIC GROUP.
   6. "OPERATING PERMIT" SHALL HAVE THE MEANING SET FORTH IN  SUBDIVISION
 EIGHTEEN OF SECTION 19-0107 OF THIS ARTICLE.
   7.  "RENEWABLE  ENERGY  SYSTEMS"  SHALL  HAVE THE MEANING SET FORTH IN
 SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW AND MAY ALSO INCLUDE  FIRM
 ZERO EMISSION RESOURCES SUCH AS LONG-DURATION ENERGY STORAGE.
   8.  "REPLACE" OR "REPLACEMENT" MEANS THE CONSTRUCTION AND OPERATION OF
 A RENEWABLE ENERGY SYSTEM, BATTERY OR ENERGY  STORAGE,  OR  TRANSMISSION
 AND DISTRIBUTION INFRASTRUCTURE THAT ENABLES THE PROVISION OF THE EQUIV-
 ALENT  MAXIMUM  ANNUAL  POWER  OUTPUT ACHIEVED BY THE REPLACEABLE PEAKER

 S. 4378--A                          3
 
 PLANT DURING  ANY  SINGLE  YEAR  DURING  THE  TEN  YEARS  PRECEDING  THE
 SUBMISSION OF AN APPLICATION TO RENEW AN OPERATING PERMIT.
   9. "REPLACEABLE PEAKER PLANT" MEANS A MAJOR ELECTRIC GENERATING FACIL-
 ITY  AS  DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION 19-0312 OF
 THIS ARTICLE THAT BURNS COAL, OIL, DIESEL OR NATURAL GAS AND WAS  OPERA-
 TIONAL  AND  GENERATED ELECTRICITY LESS THAN FIFTEEN PERCENT OF THE YEAR
 DURING AT LEAST TWO YEARS BETWEEN TWO THOUSAND TEN THROUGH TWO  THOUSAND
 NINETEEN  AND THAT IS LOCATED IN OR ADJACENT TO AN ENVIRONMENTAL JUSTICE
 COMMUNITY.
 § 19-1305. MANDATORY REPLACEMENT AND COMPLIANCE PLAN.
   1. THE OWNER OR OPERATOR OF A REPLACEABLE PEAKER PLANT SHALL SUBMIT TO
 THE DEPARTMENT AS PART OF AN APPLICATION TO RENEW AN OPERATING PERMIT  A
 MANDATORY REPLACEMENT AND COMPLIANCE PLAN THAT SHALL INCLUDE, AT A MINI-
 MUM, THE FOLLOWING:
   A. THE NUMBER OF DAYS AND HOURS SUCH PLANT OPERATED DURING EACH OF THE
 PREVIOUS TEN YEARS;
   B.  THE ANNUAL POWER OUTPUT OF SUCH PLANT FOR EACH OF THE PREVIOUS TEN
 YEARS;
   C. THE FUEL OR FUELS UTILIZED BY SUCH PLANT TO GENERATE POWER;
   D. A PROPOSED STRATEGY TO REPLACE  THE  PLANT  WITH  RENEWABLE  ENERGY
 SYSTEMS OR BATTERY STORAGE OR A COMBINATION THEREOF. THE STRATEGY SHALL,
 AT  A  MINIMUM,  SET FORTH THE TYPE OR TYPES OF RENEWABLE ENERGY SYSTEMS
 AND BATTERY STORAGE TO BE UTILIZED, THE PROPOSED LOCATION  OR  LOCATIONS
 OF  SUCH  RENEWABLE ENERGY SYSTEMS AND BATTERY STORAGE, AND THE ELECTRIC
 GENERATING CAPACITY OF SUCH RENEWABLE ENERGY SYSTEMS AND  BATTERY  STOR-
 AGE;
   E. A TIMETABLE FOR IMPLEMENTATION OF THE PROPOSED REPLACEMENT STRATEGY
 THAT SHALL NOT EXCEED FIVE YEARS FROM THE DATE OF RENEWAL OF THE OPERAT-
 ING  PERMIT  AND THAT SHALL ENSURE THAT THE RENEWABLE ENERGY SYSTEMS AND
 BATTERY STORAGE ARE FULLY OPERATIONAL, AND THE OPERATIONS OF THE  PEAKER
 PLANT  CAN BE COMPLETELY REPLACED, ON OR BEFORE FIVE YEARS FROM THE DATE
 OF RENEWAL OF THE OPERATING PERMIT; AND
   F. A DEMONSTRATION OF HOW THE PROPOSED RENEWABLE  ENERGY  SYSTEMS  AND
 BATTERY  STORAGE  STRATEGY  AND TIMETABLE FOR IMPLEMENTATION WILL COMPLY
 WITH THE RENEWABLE ENERGY GOALS SET FORTH IN SECTION SIXTY-SIX-P OF  THE
 PUBLIC SERVICE LAW.
   2.  THE  DEPARTMENT  SHALL  PROVIDE  PUBLIC  NOTICE  OF  THE MANDATORY
 REPLACEMENT AND COMPLIANCE PLAN AND AN OPPORTUNITY FOR PUBLIC COMMENT ON
 THE PLAN OF NOT LESS THAN SIXTY DAYS. THE DEPARTMENT SHALL HOLD AT LEAST
 TWO PUBLIC HEARINGS ON THE PLAN IN THE  AFFECTED  ENVIRONMENTAL  JUSTICE
 COMMUNITY  OR  COMMUNITIES,  WITH  SUCH  PUBLIC  HEARINGS OFFERING VIDEO
 PARTICIPATION AND ACCESSIBILITY.
   3. AFTER REVIEW AND CONSIDERATION OF PUBLIC COMMENTS,  THE  DEPARTMENT
 SHALL APPROVE, APPROVE WITH MODIFICATIONS OR DISAPPROVE THE PLAN.
   4. UPON APPROVAL OF THE MANDATORY REPLACEMENT AND COMPLIANCE PLAN, THE
 OWNER  OR  OPERATOR  OF THE REPLACEABLE PEAKER PLANT SHALL IMPLEMENT THE
 PLAN IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN THE PLAN  AND  PROVIDE
 TO THE DEPARTMENT AN ANNUAL COMPLIANCE AND PROGRESS REPORT BEGINNING ONE
 YEAR  AFTER  THE DEPARTMENT APPROVES THE PLAN. THE DEPARTMENT SHALL MAKE
 EACH ANNUAL COMPLIANCE AND PROGRESS REPORT AVAILABLE ON ITS WEBSITE.
   5. IF THE DEPARTMENT DISAPPROVES A PROPOSED PLAN, THE DEPARTMENT SHALL
 INFORM THE OWNER OR OPERATOR OF THE REPLACEABLE PEAKER PLANT IN  WRITING
 OF  THE  REASONS FOR SUCH DISAPPROVAL AND SHALL IDENTIFY THE PORTIONS OF
 THE DISAPPROVED PLAN THAT NEED TO BE MODIFIED.  THE  OWNER  OR  OPERATOR
 SHALL  SUBMIT A MODIFIED PLAN WITHIN SIXTY DAYS OF RECEIVING THE DEPART-
 MENT'S WRITTEN NOTICE OF DISAPPROVAL. THE MODIFIED PLAN SHALL BE SUBJECT

 S. 4378--A                          4
 
 TO THE NOTICE AND PUBLIC COMMENT AND HEARING  PROCEDURES  SET  FORTH  IN
 THIS SECTION.
 § 19-1307. EXTENSIONS FOR CAUSE.
   1.  THE  OWNER  OR OPERATOR OF A REPLACEABLE PEAKER PLANT MAY APPLY TO
 THE DEPARTMENT FOR A SINGLE FIVE-YEAR  EXTENSION  OF  THE  DEADLINE  FOR
 REPLACEMENT SET FORTH IN SECTION 19-1305 OF THIS ARTICLE.
   2.  THE  DEPARTMENT SHALL PROVIDE PUBLIC NOTICE OF THE APPLICATION FOR
 ANY SUCH EXTENSION, AND AN OPPORTUNITY FOR PUBLIC COMMENT ON SUCH APPLI-
 CATION, OF NOT LESS THAN SIXTY DAYS. THE DEPARTMENT SHALL HOLD AT  LEAST
 TWO  PUBLIC  HEARINGS  ON  THE APPLICATION IN THE AFFECTED ENVIRONMENTAL
 JUSTICE COMMUNITY OR COMMUNITIES, WITH  SUCH  PUBLIC  HEARINGS  OFFERING
 VIDEO  PARTICIPATION  AND  ACCESSIBILITY. ANY SUCH PUBLIC HEARINGS SHALL
 ALSO EXPLORE THE OPTION OF TRANSITIONING THE  REPLACEABLE  PEAKER  PLANT
 INTO THE OWNERSHIP OR CONTROL OF THE NEW YORK POWER AUTHORITY, AN ENTITY
 THAT  CURRENTLY OWNS AND OPERATES SEVERAL PEAKER PLANTS IN THE STATE, TO
 MANAGE THE TRANSITION TO RENEWABLE ENERGY AND BATTERY STORAGE SYSTEMS.
   3. AFTER REVIEW AND CONSIDERATION OF PUBLIC COMMENTS,  THE  DEPARTMENT
 SHALL APPROVE, APPROVE WITH MODIFICATIONS, OR DISAPPROVE THE APPLICATION
 FOR A SINGLE FIVE-YEAR EXTENSION.
   4.  THE  DEPARTMENT  MAY  ONLY  GRANT  AN APPLICATION FOR AN EXTENSION
 REQUEST UPON A  SHOWING  BY  THE  APPLICANT,  BY  CLEAR  AND  CONVINCING
 EVIDENCE,  THAT  (A)  REPLACEMENT  OF  THE  PLANT  WITH RENEWABLE ENERGY
 SYSTEMS AND BATTERY STORAGE BY THE DEADLINE IS  NOT  FEASIBLE,  (B)  THE
 DEPARTMENT  OF  PUBLIC  SERVICE, IN CONSULTATION WITH THE NEW YORK INDE-
 PENDENT SYSTEM OPERATOR, HAS MADE A WRITTEN DETERMINATION THAT EXTENDING
 THE DEADLINE FOR THE PLANT IS NECESSARY TO MAINTAIN RELIABILITY  OF  THE
 ELECTRIC GRID, AND (C) THE CONTINUED OPERATION OF THE PEAKER PLANT WOULD
 NOT  RESULT  IN  ADVERSE  HEALTH  IMPACTS FOR THE IMPACTED ENVIRONMENTAL
 JUSTICE COMMUNITIES.
 § 19-1309. PROHIBITIONS.
   1. EXCEPT AS PROVIDED IN SECTION 19-1307  OF  THIS  TITLE,  NO  PERSON
 SHALL  OPERATE A REPLACEABLE PEAKER PLANT THAT IS NOT IN COMPLIANCE WITH
 THE REQUIREMENTS OF THIS TITLE AND THE DEPARTMENT  SHALL  NOT  ISSUE  AN
 OPERATING  PERMIT  OR RENEW AN OPERATING PERMIT FOR A REPLACEABLE PEAKER
 PLANT THAT DOES NOT HAVE AN APPROVED MANDATORY REPLACEMENT  AND  COMPLI-
 ANCE PLAN.
   2.  THE  DEPARTMENT  SHALL  NOT  ISSUE AN OPERATING PERMIT OR RENEW AN
 OPERATING PERMIT FOR A REPLACEABLE PEAKER PLANT THAT HAS  NOT  COMPLETED
 IMPLEMENTATION  OF  A  MANDATORY  REPLACEMENT AND COMPLIANCE PLAN BY THE
 DEADLINE SET FORTH IN THE PLAN.
 § 19-1311. EXEMPTIONS.
   1. A REPLACEABLE PEAKER PLANT IS NOT SUBJECT TO  THE  REQUIREMENTS  OF
 THIS  TITLE  IF THE OWNER OR OPERATOR OF THE PLANT HAS SUBMITTED WRITTEN
 NOTIFICATION TO THE DEPARTMENT OF PUBLIC SERVICE THAT THE PLANT WILL  BE
 PERMANENTLY  RETIRED ON OR BEFORE THE FIRST DAY OF JANUARY, TWO THOUSAND
 TWENTY-SIX.
   2. THE DEPARTMENT SHALL, EFFECTIVE ON OR BEFORE THE FIRST DAY OF JANU-
 ARY, TWO THOUSAND TWENTY-SIX, REVOKE THE OPERATING PERMIT OF A REPLACEA-
 BLE PEAKER PLANT FOR WHICH WRITTEN NOTIFICATION HAS BEEN PROVIDED TO THE
 DEPARTMENT OF  PUBLIC  SERVICE  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION.
   § 3. This act shall take effect immediately.