The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6761--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M. of A. MAMDANI, FORREST, GALLAGHER, MITAYNES, BURDICK,
   SIMON, ANDERSON, CARROLL, CLARK, GONZALEZ-ROJAS, O'DONNELL, GOTTFRIED,
   ENGLEBRIGHT, EPSTEIN, DINOWITZ, GALEF, COLTON, THIELE, WALKER,  BURKE,
   KELLES,  DAVILA,  SEAWRIGHT -- read once and referred to the Committee
   on Energy -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the public service law and the environmental conserva-
   tion law, in relation to prohibiting the development of any new  major
   electric  generating  facilities  that would be powered in whole or in
   part by any fossil fuel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "clean futures act".
   § 2. Section 160 of the public service law is amended by adding a  new
 subdivision 10 to read as follows:
   10.  "FOSSIL  FUEL"  MEANS  COAL,  PETROLEUM PRODUCTS, AND FUEL GASES.
 "COAL" SHALL INCLUDE BITUMINOUS  COAL,  ANTHRACITE  COAL,  AND  LIGNITE.
 "FUEL  GASES"  SHALL INCLUDE BUT NOT BE LIMITED TO METHANE, NATURAL GAS,
 LIQUEFIED NATURAL GAS, AND MANUFACTURED FUEL GASES. "PETROLEUM PRODUCTS"
 SHALL INCLUDE ALL PRODUCTS REFINED OR REREFINED FROM SYNTHETIC OR  CRUDE
 OIL  OR OIL EXTRACTED FROM OTHER SOURCES, INCLUDING NATURAL GAS LIQUIDS.
 PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL AFFECT THE EXCLUSION FOR
 PUBLIC UTILITY SERVICES SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   § 3. Section 162 of the public service law is amended by adding a  new
 subdivision 6 to read as follows:
   6. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION,
 BEGINNING  UPON  THE  EFFECTIVE DATE OF THIS SUBDIVISION THE BOARD SHALL
 NOT ISSUE A CERTIFICATE FOR ANY MAJOR ELECTRIC GENERATING FACILITY  THAT
 WOULD BE POWERED IN WHOLE OR IN PART BY ANY FOSSIL FUEL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10500-07-1

 A. 6761--A                          2
 
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, THE BOARD MAY
 ISSUE A CERTIFICATE FOR A MAJOR ELECTRIC GENERATING FACILITY POWERED  IN
 WHOLE  OR IN PART BY ANY FOSSIL FUEL IF BOTH OF THE FOLLOWING CONDITIONS
 ARE MET:
   (I)  THE  DEVELOPER  OF  SUCH MAJOR ELECTRIC GENERATING FACILITY SHALL
 PROVIDE TO THE BOARD, THE COMMISSION, AND THE COMMISSIONER  OF  ENVIRON-
 MENTAL  CONSERVATION, AN ATTESTATION IN WRITING, SIGNED BY BOTH NEW YORK
 INDEPENDENT SYSTEM OPERATOR AND THE APPROPRIATE  NEW  YORK  TRANSMISSION
 OWNER OR PUBLIC AUTHORITY, ATTESTING TO:
   (1)  THE  EXISTENCE  OF A RELIABILITY NEED.   FOR THE PURPOSES OF THIS
 SUBDIVISION, A "RELIABILITY NEED"  MEANS  AN  ELECTRICITY  SYSTEM  NEED,
 WHICH  IF UNMET WOULD RESULT IN A VIOLATION OF A NORTH AMERICAN ELECTRIC
 RELIABILITY CORPORATION MANDATORY STANDARD;
   (2) THE UNAVAILABILITY OF EITHER LOCAL  OR  BULK  TRANSMISSION  SYSTEM
 UPGRADES THAT WOULD ADDRESS SUCH RELIABILITY NEED; AND
   (3)  SUCH  MAJOR ELECTRIC GENERATING FACILITY WOULD RESOLVE SUCH RELI-
 ABILITY NEED; AND
   (II) THE DEVELOPER OF SUCH MAJOR ELECTRIC  GENERATING  FACILITY  SHALL
 DEMONSTRATE  TO  THE  SATISFACTION OF THE BOARD, THE COMMISSION, AND THE
 COMMISSIONER OF ENVIRONMENTAL CONSERVATION THAT THE EXISTING RELIABILITY
 NEED CANNOT BE ADDRESSED WITHIN AN APPROPRIATE TIME FRAME BY ANY  COMBI-
 NATION OF TRANSMISSION, ENERGY STORAGE, ZERO CARBON ELECTRIC GENERATION,
 DEMAND RESPONSE, AND/OR ENERGY EFFICIENCY.
   (C)  ANY  WRITTEN  COMMUNICATION  BETWEEN  AN  APPLICANT AND THE BOARD
 CONCERNING A PROPOSED MAJOR ELECTRIC GENERATING FACILITY SHALL  BE  MADE
 PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   §  4.  Section  172 of the public service law is amended by adding two
 new subdivisions 3 and 4 to read as follows:
   3. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL  NOT  ISSUE  ANY
 PERMIT OTHERWISE AUTHORIZED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,
 OR  ISSUED PURSUANT TO SECTION 19-0311 OF THE ENVIRONMENTAL CONSERVATION
 LAW, FOR ANY MAJOR ELECTRIC GENERATING FACILITY THAT WOULD BE POWERED IN
 WHOLE OR IN PART BY ANY FOSSIL FUEL, UNLESS THE DEVELOPER OF SUCH  MAJOR
 ELECTRIC  GENERATING  FACILITY  HAS SATISFIED THE PROVISIONS OF SUBPARA-
 GRAPHS (I) AND (II) OF PARAGRAPH (B) OF SUBDIVISION SIX OF  SECTION  ONE
 HUNDRED SIXTY-TWO OF THIS ARTICLE.
   4.  ANY WRITTEN COMMUNICATION BETWEEN AN APPLICANT FOR A PERMIT PURSU-
 ANT TO SUBDIVISION ONE OF THIS SECTION AND THE  DEPARTMENT  OF  ENVIRON-
 MENTAL  CONSERVATION  SHALL BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT
 OF CONSERVATION'S WEBSITE.
   § 5. Section 19-0311 of the environmental conservation law is  amended
 by adding a new subdivision 6 to read as follows:
   6.  NO  PERMIT  SHALL  BE  ISSUED  UNDER THIS SECTION THAT WOULD BE IN
 VIOLATION OF SUBDIVISION THREE OF SECTION ONE HUNDRED SEVENTY-TWO OF THE
 PUBLIC SERVICE LAW. ANY WRITTEN COMMUNICATIONS BETWEEN AN APPLICANT  FOR
 SUCH A PERMIT AND THE DEPARTMENT SHALL BE MADE PUBLICLY AVAILABLE ON THE
 DEPARTMENT'S WEBSITE.
   § 6. This act shall take effect immediately.