S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8405
 
                             I N  S E N A T E
 
                             February 23, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14767-01-2
              

 S. 8405                             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 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
 ________________________________________________________________________
 
                                  8405--A
     Cal. No. 715
 
                             I N  S E N A T E
 
                             February 23, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations  --  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 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14767-02-2
 S. 8405--A                          2
 
 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.
   (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
 S. 8405--A                          3
 
 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, 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.