Assembly Bill A4866B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4866
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced by M. of A. KELLES, ZINERMAN, STECK -- 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 2031

   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  "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  2031  and  that  one
 hundred percent of the state's electricity be from zero-emission sources
 by  the year 2041. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06171-01-3
              

 A. 4866                             2
 
 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 2031, while ensuring resource adequacy, with
 renewable energy systems as defined in paragraph (b) of subdivision 1 of
 section 66-p of the public service  law,  energy  storage  systems,  and
 electricity transmission and distribution systems and equipment.
   (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 as described  in  subdivision  (a)  of  section
 three of this act, and for those entities and the public service commis-
 sion,  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 2031,  with
 renewable energy systems as defined in paragraph (b) of subdivision 1 of
 section  66-p  of  the  public  service law, energy storage systems, and
 electricity transmission and distribution systems and  equipment,  while
 ensuring  resource  adequacy  and  other  reliability services are main-
 tained, and to do so in  consultation  with  the  department  of  public
 service,  department  of  environmental  conservation, Long Island power
 authority, and  other  relevant  state  agencies  and  authorities  with
 subject  matter expertise, the federally designated electric bulk system
 operator, the New York State Reliability Council, and the owners of such
 facilities. The study should prioritize the replacement  and  redevelop-
 ment  of  such fossil fuel facilities 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
 A. 4866                             3
 
   (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, department of environmental
 conservation,  and  Long  Island  power  authority  are  authorized  and
 directed  to commence proceedings and stakeholder processes to establish
 programs and other initiatives necessary to carry  out  the  strategies,
 programs, standards, and requirements 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 90 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, 2024.
   §  6.  The  Long  Island power authority is authorized and directed to
 establish a program in its service territory consistent with the author-
 ization and direction of the public service commission in  section  five
 of this act, and the objectives of this act.
   § 7. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4866--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced  by M. of A. KELLES, ZINERMAN, STECK, ARDILA -- read once and
   referred to the Committee on  Energy  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT enacting the "just energy transition act"

   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 "just energy transition 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.
   (b)  New  York  state  is committed to the responsible replacement and
 redevelopment of its fossil fueled generation facilities that  currently
 ensure resource adequacy in the state, especially in locations where the
 health  benefits  to historically disadvantaged communities can be maxi-
 mized, and where the cost effective phasing-out of such  facilities  can
 be done while helping to ensure a just transition for the existing work-
 force.
   (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 the department of environmental conser-
 vation, to continue the development of the study commenced in  2022,  as

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06171-05-3
              

 A. 4866--A                          2
 
 referenced  in  the climate action council scoping plan of strategies to
 facilitate the replacement and redevelopment of New  York's  oldest  and
 most-polluting  fossil  fueled  generation facilities and their sites by
 2030, while ensuring resource adequacy, with renewable energy systems as
 defined  in paragraph (b) of subdivision 1 of section 66-p of the public
 service law, energy storage systems, and  electricity  transmission  and
 distribution systems and equipment.
   (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 as described  in  the  climate  action  council
 scoping  plan  and  paragraph  (c)  of  section three of this act in the
 manner authorized and directed herein, 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  initi-
 atives 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 fueled generation facilities and  their  sites  by  the
 year  2030,  with  options  that  include  but  are not limited to those
 described in the scoping plan issued by the climate action council under
 section 75-0103 of the environmental conservation law, renewable  energy
 systems  as defined in paragraph (b) of subdivision 1 of section 66-p of
 the public service law, energy storage systems, and  electricity  trans-
 mission  and distribution systems and equipment, while ensuring resource
 adequacy and other reliability services are maintained, and to do so  in
 consultation  with  the  department of public service, the department of
 environmental conservation, Long Island power authority, and other rele-
 vant state agencies and authorities with subject matter  expertise,  the
 federally  designated  electric bulk system operator, the New York State
 Reliability Council, and the owners of such facilities. The study should
 prioritize the replacement  and  redevelopment  of  such  fossil  fueled
 generation  facilities  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
 address the phase-out of at least four gigawatts of fossil fueled gener-
 ation statewide capacity in total and prioritize those  facilities  that
 only  operate when electricity usage is highest. The study shall include
 recommendations of standards and requirements that:
   (i) 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) establish a competitive program to promote private sector invest-
 ment 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)  provide significant environmental, health and other benefits to
 disadvantaged communities as such  communities  will  be  defined  under
 section 75-0111 of the environmental conservation law; and
   (iv)  have  significant  potential  for  job  creation  and retention,
 economic development, and just transition opportunities  benefiting  New
 Yorkers  and  the  state's  workforce,  as described in the scoping plan
 A. 4866--A                          3
 
 issued by the climate action council under section 75-0103 of the  envi-
 ronmental conservation law; and
   (v)  ensure  the  availability of assistance under the electric gener-
 ation facility cessation mitigation fund established  in  section  1  of
 part BB of chapter 58 of the laws of 2016 to any local government entity
 impacted  by  the  replacement and redevelopment of fossil fueled gener-
 ation facilities under this section;
   (b) provide  public  notice  of  the  study, and ensure the results of
 the study are made easily accessible to members of disadvantaged  commu-
 nities,  as defined in section 75-0101 of the environmental conservation
 law, and provide an opportunity for public comment on the study  of  not
 less  than  sixty  days and conduct at least two  public hearings on the
 study, of which at least one shall be held in disadvantage  communities,
 as defined in section 75-0101 of the environmental conservation law 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, the department of environmental
 conservation, and Long Island power authority shall commence proceedings
 and stakeholder processes to establish programs  and  other  initiatives
 necessary to carry out the strategies, programs, standards, and require-
 ments  described  in  the study referred to in section three of this act
 within 60 days of delivery of the study to the governor, temporary pres-
 ident of the senate and speaker of the assembly.
   § 5. The public service commission shall:
   (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 90 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 no later than July 30, 2024. Such order
 shall at a minimum:
   (i) direct the New York state energy research and development authori-
 ty to implement a competitive award process to facilitate  the  replace-
 ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
 generation facilities statewide while maintaining reliability consistent
 with the recommendations of the study pursuant to section three of  this
 act; and
   (ii)  direct  that  with  respect  to  the  competitive  award process
 required, the only eligible electricity  generation  from  hydroelectric
 facilities  shall  be electricity that is generated from non-state-owned
 low impact run-of-river facilities that provide a year-round electricity
 capacity resource.
   § 6. The Long Island power authority  shall  establish  a  program  or
 programs  in its service territory consistent with the recommendation of
 the  study  conducted  pursuant  to  section  three  of  this  act,  the
 provisions of section five of this act, and the objectives of this act.
   § 7. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4866--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced by M. of A. KELLES, ZINERMAN, STECK, ARDILA, DINOWITZ, SIMON,
   SIMONE,  ALVAREZ, MAMDANI, GONZALEZ-ROJAS, COLTON, EPSTEIN, LEVENBERG,
   SHRESTHA, STIRPE, SOLAGES, BURGOS, L. ROSENTHAL, REYES, CUNNINGHAM  --
   read  once  and  referred  to  the  Committee  on  Energy -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments,  ordered reprinted as amended and recommitted to said committee
   --  again  reported  from  said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT enacting the "just energy transition act"
 
   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 "just energy transition 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.
   (b) New York state is committed to  the  responsible  replacement  and
 redevelopment  of its fossil fueled generation facilities that currently
 ensure resource adequacy in the state, especially in locations where the
 health benefits to historically disadvantaged communities can  be  maxi-
 mized,  and  where the cost effective phasing-out of such facilities can
 be done while helping to ensure a just transition for the existing work-
 force.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06171-09-3
              

 A. 4866--C                          2
 
   (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 the department of environmental conser-
 vation,  to  continue the development of the study commenced in 2022, as
 referenced in the climate action council scoping plan of  strategies  to
 facilitate  the  replacement  and redevelopment of New York's oldest and
 most-polluting fossil fueled generation facilities and  their  sites  by
 2030, while ensuring resource adequacy, with renewable energy systems as
 defined  in paragraph (b) of subdivision 1 of section 66-p of the public
 service law, energy storage systems, and  electricity  transmission  and
 distribution systems and equipment.
   (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 as described  in  the  climate  action  council
 scoping  plan  and  paragraph  (c)  of  section three of this act in the
 manner authorized and directed herein, 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  initi-
 atives 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 fueled generation facilities and  their  sites  by  the
 year   2030,  with  renewable  generation  options  that  include  those
 described in the scoping plan issued by the climate action council under
 section 75-0103 of the environmental conservation law, renewable  energy
 systems  as defined in paragraph (b) of subdivision 1 of section 66-p of
 the public service law, energy storage systems, and  electricity  trans-
 mission  and distribution systems and equipment, while ensuring resource
 adequacy and other reliability services are maintained, and to do so  in
 consultation  with  the  department of public service, the department of
 environmental conservation, Long Island power authority, and other rele-
 vant state agencies and authorities with subject matter  expertise,  the
 federally  designated  electric bulk system operator, the New York State
 Reliability Council, and the owners of such facilities. The study should
 prioritize the replacement  and  redevelopment  of  such  fossil  fueled
 generation  facilities  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
 address the phase-out of at least four gigawatts of fossil fueled gener-
 ation statewide capacity in total and prioritize those  facilities  that
 only  operate when electricity usage is highest. The study shall include
 recommendations of standards and requirements that:
   (i) 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) establish a competitive program to promote private sector invest-
 ment 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;
 A. 4866--C                          3
 
   (iii)  provide significant environmental, health and other benefits to
 disadvantaged communities as such  communities  will  be  defined  under
 section 75-0111 of the environmental conservation law; and
   (iv)  have  significant  potential  for  job  creation  and retention,
 economic development, and just transition opportunities  benefiting  New
 Yorkers  and  the  state's  workforce,  as described in the scoping plan
 issued by the climate action council under section 75-0103 of the  envi-
 ronmental conservation law; and
   (v)  ensure  the  availability of assistance under the electric gener-
 ation facility cessation mitigation fund established  in  section  1  of
 part BB of chapter 58 of the laws of 2016 to any local government entity
 impacted  by  the  replacement and redevelopment of fossil fueled gener-
 ation facilities under this section;
   (b) provide  public  notice  of  the  study, and ensure the results of
 the study are made easily accessible to members of disadvantaged  commu-
 nities,  as defined in section 75-0101 of the environmental conservation
 law, and provide an opportunity for public comment on the study  of  not
 less  than  sixty  days and conduct at least two  public hearings on the
 study, of which at least one shall be held in disadvantage  communities,
 as defined in section 75-0101 of the environmental conservation law 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, the department of environmental
 conservation, and Long Island power authority shall commence proceedings
 and stakeholder processes to establish programs  and  other  initiatives
 necessary to carry out the strategies, programs, standards, and require-
 ments  described  in  the study referred to in section three of this act
 within 60 days of delivery of the study to the governor, temporary pres-
 ident of the senate and speaker of the assembly.
   § 5. The public service commission shall:
   (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 90 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 no later than July 30, 2024. Such order
 shall at a minimum:
   (i) direct the New York state energy research and development authori-
 ty to implement a competitive award process to facilitate  the  replace-
 ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
 generation facilities statewide while maintaining reliability consistent
 with the recommendations of the study pursuant to section three of  this
 act,  and  that as part of such competitive award process, consideration
 shall be given to security of offtake with  respect  to  generation  and
 transmission; and
   (ii)  direct  that  with  respect  to  the  competitive  award process
 required, the only eligible electricity  generation  from  hydroelectric
 facilities  shall  be electricity that is generated from non-state-owned
 low impact run-of-river facilities located in the state that  provide  a
 year-round electricity capacity resource.
 A. 4866--C                          4
 
   (c)(i)  Any  projects  pursuant to this section, or the study provided
 herein, shall be  deemed  public  work  and  shall  be  subject  to  and
 performed  in  accordance  with  articles 8 and 9 of the labor law. Each
 contract for such project shall contain a provision  that  such  project
 shall  only  be  undertaken  pursuant  to a project labor agreement. For
 purposes of this section, "project labor agreement" shall  mean  a  pre-
 hire  collective  bargaining agreement between the New York state energy
 research and development authority, a  third  party  on  behalf  of  the
 authority, or a recipient of support under this section, and a bona fide
 building  and  construction  trade  labor  organization establishing the
 labor organization as the collective bargaining representative  for  all
 persons  who  will  perform  work  on  a  public work project, and which
 provides that only contractors and subcontractors who sign a pre-negoti-
 ated agreement with the labor organization can perform project work. All
 contractors and  subcontractors  associated  with  this  work  shall  be
 required  to  utilize apprenticeship agreements as defined by article 23
 of the labor law.
   (ii) The New York state energy research and development authority,  or
 public service commission, where appropriate, shall include requirements
 in  any  procurement  or  development  of  a renewable energy generating
 project, as defined in this subdivision, that the components  and  parts
 shall  be  produced  or  made in whole or substantial part in the United
 States, its territories  or  possessions.  The  New  York  state  energy
 research and development authority's president and chief executive offi-
 cer,  or  his  or her designee may waive the procurement and development
 requirements set forth in this paragraph  if  such  official  determines
 that: the requirements would not be in the public interest; the require-
 ments  would result in unreasonable costs; obtaining such infrastructure
 components and parts in the United States would increase the cost  of  a
 renewable  energy  generating project by an unreasonable amount; or such
 components or parts cannot be produced, made, or assembled in the United
 States in sufficient and reasonably available quantities or of satisfac-
 tory quality. Such determination shall be made on  an  annual  basis  no
 later than December thirty-first, after providing notice and an opportu-
 nity  for  public comment, and such determination shall be made publicly
 available, in writing, on the New York state energy research and  devel-
 opment  authority's  website with a detailed explanation of the findings
 leading to such determination. If the New York state energy research and
 development authority's president and chief executive officer, or his or
 her designee, has issued  determinations  for  three  consecutive  years
 finding  that  no  such  waiver is warranted pursuant to this paragraph,
 then the New York state energy research and development authority  shall
 no  longer  be  required to provide the annual determination required by
 this paragraph.
   (d)(i) The commissioner of labor, in consultation with labor organiza-
 tions, shall develop a  comprehensive  plan  to  transition,  train,  or
 retrain  employees  that are impacted by projects undertaken pursuant to
 this act, or the study provided in section three of this act. This  plan
 shall  include a method of allowing displaced and transitioning workers,
 including affected labor organizations, to notify  the  commissioner  of
 the  loss  of  employment, their previous title, and previous wage rates
 including whether they previously  received  medical  and/or  retirement
 benefits. The plan shall require employers to notify the commissioner of
 workers laid off or discharged due to this act.
   (ii)  The  commissioner  of  labor  shall create a program pursuant to
 which, where applicable and feasible, newly  created  job  opportunities
 A. 4866--C                          5
 
 shall  be offered to a pool of transitioning workers who have lost their
 employment or will be losing  their  employment  in  the  energy  sector
 through  projects undertaken pursuant to this act, or the study provided
 in  section  three  of this act. Such program shall include a method for
 the commissioner of labor to communicate names and  contact  information
 for  displaced or transitioning workers to public entities that may have
 job opportunities for such workers every 90 days.
   (e) Notwithstanding any provision of law to the contrary,  all  rights
 or   benefits,   including  terms  and  conditions  of  employment,  and
 protection of civil service and  collective  bargaining  status  of  all
 existing public employees and the work jurisdiction, covered job titles,
 and  work assignments, set forth in the civil service law and collective
 bargaining  agreements  with  labor  organizations  representing  public
 employees  shall  be  preserved and   protected. Nothing in this section
 shall result in the:  (i) displacement of any currently employed  worker
 or  loss of position (including partial displacement as such a reduction
 in the hours of non-overtime work, wages,  or  employment  benefits)  or
 result  in  the impairment of existing collective bargaining agreements;
 (ii) transfer of existing duties and functions  related  to  maintenance
 and  operations  currently performed by existing employees of authorized
 entities to a contracting entity; or (iii) transfer of future duties and
 functions ordinarily performed by employees of authorized entities to  a
 contracting entity.
   §  6.  The  Long  Island  power authority shall establish a program or
 programs in its service territory consistent with the recommendation  of
 the  study  conducted  pursuant  to  section  three  of  this  act,  the
 provisions of section five of this act, and the objectives of this act.
   § 7. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4866--D
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2023
                                ___________
 
 Introduced by M. of A. KELLES, ZINERMAN, STECK, ARDILA, DINOWITZ, SIMON,
   SIMONE,  ALVAREZ, MAMDANI, GONZALEZ-ROJAS, COLTON, EPSTEIN, LEVENBERG,
   SHRESTHA, STIRPE, SOLAGES, BURGOS,  L. ROSENTHAL,  REYES,  CUNNINGHAM,
   DICKENS,  THIELE,  RAGA,  DE LOS SANTOS, STERN, JACOBSON, OTIS, ROZIC,
   RAJKUMAR, KIM, ANDERSON, GLICK, SHIMSKY, LUNSFORD, BARRETT, SEAWRIGHT,
   BICHOTTE HERMELYN,  SANTABARBARA,  TAYLOR,  CLARK,   PAULIN,   LAVINE,
   CARROLL, FORREST, SLATER, EACHUS, SAYEGH, MAGNARELLI, WOERNER, SILLIT-
   TI, WEPRIN, K. BROWN, HUNTER, CRUZ, BENEDETTO, JACKSON, ZACCARO, PRET-
   LOW, RIVERA, FAHY, TAPIA, MEEKS, BORES, LEE, HEVESI, BRONSON, WALLACE,
   BURKE,  DAVILA,  SEPTIMO,  DILAN, AUBRY, WILLIAMS, BENDETT, GALLAGHER,
   BURDICK, DARLING, GIBBS, SEPTIMO, CONRAD, MCGOWAN, FLOOD -- read  once
   and  referred to the Committee on Energy -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  again  reported  from said committee with amendments, ordered
   reprinted as amended  and  recommitted  to  said  committee  --  again
   reported  from  said  committee  with amendments, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee  on  Energy  in  accordance  with Assembly Rule 3, sec. 2 --
   reported and referred to the Committee on Ways and Means --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT enacting the "just energy transition act"
 
   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 "just energy transition 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06171-20-4
              

 A. 4866--D                          2
 
 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.
   (b)  New  York  state  is committed to the responsible replacement and
 redevelopment of its  fossil-fueled  power  generation  facilities  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  facili-
 ties  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 the department of environmental conser-
 vation,  to  continue the development of the study commenced in 2022, as
 referenced in the climate action council scoping plan of  strategies  to
 facilitate  the  replacement  and redevelopment of New York's oldest and
 most-polluting fossil-fueled power generation facilities and their sites
 by 2030, while ensuring resource adequacy, with renewable energy systems
 as defined in paragraph (b) of subdivision 1  of  section  66-p  of  the
 public service law, energy storage systems, distributed energy resources
 and electric bulk transmission systems and equipment.
   (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 as described  in  the  climate  action  council
 scoping  plan  and  paragraph  (c)  of  section three of this act in the
 manner authorized and directed herein, 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  initi-
 atives necessary to carry out the strategies described therein.
   § 3. Just energy transition task force. 1. There is hereby established
 the  just  energy  transition task force for the purpose of carrying out
 the intent of this section.
   2. Membership. The just energy transition task force, herein  referred
 to as the task force, shall consist of:
   (a) the governor or their designee;
   (b) the CEO of the department of public service or their designee;
   (c) the president of the NYS energy research and development authority
 or their designee;
   (d) the commissioner of environmental conservation or their designee;
   (e) the commissioner of labor or their designee;
   (f) the secretary of state or their designee;
   (g) the commissioner of economic development or their designee;
   (h) the CEO of the NY Power Authority or their designee;
   (i) the commissioner of the division of homeland security and emergen-
 cy services;
   (j)  four  appointees of the assembly or their designees consisting of
 three appointees from the majority and one from the minority; and
   (k) four appointees of the state senate or their designees  consisting
 of three appointees from the majority and one from the minority.
   3.  Advisory  committee.  The  task  force  shall  appoint an advisory
 committee consisting of scientific and technical  experts,  local  offi-
 A. 4866--D                          3
 
 cials,  labor  union  representatives,  environmental  groups, and other
 interested stakeholders including but not limited to:
   (a)  a  representative  of a labor union whose members are employed in
 fossil-fueled generation facilities;
   (b) a technical expert with knowledge in  transitioning  fossil-fueled
 generation facilities to renewable energy;
   (c) a representative of the environmental community;
   (d)  a  representative  of  local  municipalities  where fossil-fueled
 generation facilities exist; and
   (e) a representative of disadvantaged communities.
   4. Meetings. (a) Meetings of the task force shall  be  called  by  the
 governor or their designee.
   (b)  The task force shall convene at least quarterly during the devel-
 opment of the study to provide  input  and  to  also  provide  oversight
 during  the  implementation  of the strategies, programs, and standards,
 developed pursuant to this section.
   (c) Whenever possible, the governor or their  designee  shall  provide
 the members of the task force with written notice of at least ten calen-
 dar  days  prior to each meeting of the time, place, and purpose of such
 meeting. Such notice shall be accompanied, if practicable, by such back-
 ground information as the governor or their designee determines  may  be
 necessary to facilitate discussion at the meeting.
   (d)  The governor or their designee shall furnish public notice of all
 meetings. Meetings of the task force shall be open to the public.
   (e) A majority of the task force shall constitute a quorum. No  action
 may be taken by the task force without a quorum present.
   (f)  The  governor  or  their  designee  shall  provide for keeping of
 minutes of the proceedings of the task force and for the preservation of
 documentary records pertaining to the actions  and  proceedings  of  the
 task  force,  which  may  be performed by a secretary to the governor or
 their designee.
   (g) All decisions or actions by the task force shall require an affir-
 mative vote of at least a two-thirds majority of a quorum  of  the  task
 force present for a vote.
   (h)  To  the  extent practicable, the governor or their designee shall
 arrange for the videotaping and livestream of meetings of the task force
 for the preservation of video recordings and remote participation of the
 public.
   § 4. The New York state energy research and development  authority  is
 authorized and directed to:
   (a) develop, through robust public input, a study of options to facil-
 itate  the  phase-out, replacement and redevelopment of New York state's
 oldest and most-polluting fossil-fueled power generation facilities  and
 their  sites  by the year 2030, with renewable energy systems as defined
 in paragraph (b) of subdivision 1 of section 66-p of the public  service
 law,  energy  storage systems, distributed energy resources and electric
 bulk transmission systems and equipment, while ensuring resource adequa-
 cy and other reliability services  are  maintained,  and  to  do  so  in
 consultation  with  the  department of public service, the department of
 environmental conservation, the Long Island power  authority,  the  just
 energy  transition  task  force,  and  other relevant state agencies and
 authorities with subject  matter  expertise,  the  federally  designated
 electric  bulk  system operator, the New York State Reliability Council,
 and the local electric utility providers. The  study  should  prioritize
 the replacement and redevelopment of such fossil-fueled power generation
 facilities  with  facilities  that will directly assist in achieving the
 A. 4866--D                          4
 
 energy, disadvantaged communities, and emissions reductions requirements
 of section 66-p of the public service law. The study shall  address  the
 phase-out  of  at least four gigawatts of fossil-fueled power generation
 statewide  capacity in total without compromising reliability and prior-
 itize analysis of: projects  deployed  to  replace  fossil-fueled  power
 generation facilities that operate when electricity usage is highest and
 are  located  in or near disadvantaged communities; projects deployed to
 replace facilities that have not been in operation for one year or more;
 or projects that meet one of the prior  two  criteria  and  are  shovel-
 ready.    The  study  shall  include  recommendations  of  standards and
 requirements that:
   (i) significantly reduce the state's electricity  system  reliance  on
 fossil  fuels related to electric bulk transmission, taking into account
 the requirements and timing of the state's emission reduction programs;
   (ii) establish a program to promote investment in  eligible  technolo-
 gies  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) provide significant environmental, health and other benefits  to
 disadvantaged  communities  as  such  communities  will be defined under
 section 75-0111 of the environmental conservation law;
   (iv) have  significant  potential  for  job  creation  and  retention,
 economic  development,  and just transition opportunities benefiting New
 Yorkers and the state's workforce, as  described  in  the  scoping  plan
 issued  by the climate action council under section 75-0103 of the envi-
 ronmental conservation law;
   (v) identify funding sources including but not limited  to  assistance
 under  the electric generation facility cessation mitigation fund estab-
 lished in section 1 of part BB of chapter 58 of the laws of 2016  avail-
 able  to  any  local  government  entity impacted by the replacement and
 redevelopment of fossil-fueled power generation  facilities  under  this
 section; and
   (vi)  consider the projected incremental net statewide levelized elec-
 tricity rate increase, taking into account any reductions in electricity
 or commodity prices, reduced program compliance costs including costs to
 meet the requirements of public service law section 66-p and other bene-
 fits to ratepayers;
   (b) provide  public  notice  of  the  study, and ensure the results of
 the study are made easily accessible to members of disadvantaged  commu-
 nities,  as defined in section 75-0101 of the environmental conservation
 law, and provide an opportunity for public comment on the study  of  not
 less  than  60  days  and  conduct at least two   public hearings on the
 study, of which at least one shall be held in disadvantaged communities,
 as defined in section 75-0101 of the environmental conservation law 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;
   (d) deliver the study to the governor, the temporary president of  the
 senate, the speaker of the assembly, and the just energy transition task
 force within 120 days of the effective date of this section;
   (e) the governor, assembly, senate, and task force shall provide feed-
 back within 60 days of the delivery of the study; and
   (f)  the public service commission shall incorporate feedback from the
 governor, assembly, senate, and the just energy  transition  task  force
 A. 4866--D                          5
 
 and  submit  the revised study to the task force for their consideration
 and approval. Should such task force  reject  the  revised  study,  they
 shall  provide  additional  feedback  and  the public service commission
 shall  update the study within 30 days and resubmit for approval. During
 this review process, such task force shall meet as often as necessary to
 complete their duty. Should the task force reject the study and  require
 another  30  days,  all  due  dates  pursuant  to  this section shall be
 adjusted accordingly.
   § 5. The authority, in collaboration with  the  department  of  public
 service,  the  department of environmental conservation, the Long Island
 power authority, and  the  just  energy  transition  task  force,  shall
 commence proceedings and stakeholder processes to establish programs and
 other   initiatives   necessary  to  reliably  advance  the  strategies,
 programs, standards, and requirements described in the study referred to
 in section three of this act within 240 days of the  effective  date  of
 this section.
   § 6. The public service commission shall:
   (a)  commence  a  proceeding  to  consider and advance the strategies,
 programs, standards, and requirements described in the study referred to
 in section three of this act within 270 days of the  effective  date  of
 this section; and
   (b)  issue  an  order or orders to implement the strategies, programs,
 standards, and requirements  described  in  the  study  referred  to  in
 section  three of this act within 360 days of the effective date of this
 section.  The public service commission shall not issue  such  order  or
 orders,  make  any  commitment,  enter into any agreement, nor incur any
 indebtedness unless pursuant  to  such  order  or  orders  unless  prior
 approval  has  been received from the just energy transition task force.
 Such order or orders shall at a minimum:
   (i) direct the New York state energy research and development authori-
 ty to implement an award process to facilitate the replacement and rede-
 velopment of at least four gigawatts of fossil-fueled  power  generation
 facilities  statewide  while maintaining reliability consistent with the
 recommendations of the study pursuant to section three of this act,  and
 as  part  of  such  award  process,  giving consideration to security of
 offtake with respect to generation and transmission,  and  reduction  of
 emissions from such replaced facilities; and
   (ii)  direct that with respect to the award process required, the only
 eligible electricity generation from hydroelectric facilities  shall  be
 electricity  that  is  generated from non-state-owned low impact run-of-
 river facilities located in the state that provide  a  year-round  elec-
 tricity capacity resource.
   (iii)  direct  that  with respect to such award process, the projected
 incremental net statewide levelized electricity rate  increase  directly
 attributable  to awarded projects shall not exceed five percent over the
 twenty-five year period following the commencement of  payment  of  such
 award.
   (c)(i)  Any  projects  pursuant to this section, or the study provided
 herein, shall be  deemed  public  work  and  shall  be  subject  to  and
 performed  in  accordance  with  articles 8 and 9 of the labor law. Each
 contract for such project shall contain a provision  that  such  project
 shall  only  be  undertaken  pursuant  to a project labor agreement. For
 purposes of this section, "project labor agreement" shall  mean  a  pre-
 hire  collective  bargaining agreement between the New York state energy
 research and development authority, a  third  party  on  behalf  of  the
 authority, or a recipient of support under this section, and a bona fide
 A. 4866--D                          6
 
 building  and  construction  trade  labor  organization establishing the
 labor organization as the collective bargaining representative  for  all
 persons  who  will  perform  work  on  a  public work project, and which
 provides that only contractors and subcontractors who sign a pre-negoti-
 ated agreement with the labor organization can perform project work. All
 contractors  and  subcontractors  associated  with  this  work  shall be
 required to utilize apprenticeship agreements as defined by  article  23
 of the labor law.
   (ii)  The New York state energy research and development authority, or
 public service commission, where appropriate, shall include requirements
 in any procurement or  development  of  a  renewable  energy  generating
 project,  as  defined in this subdivision, that the components and parts
 shall be produced or made in whole or substantial  part  in  the  United
 States,  its  territories  or  possessions.  The  New  York state energy
 research and development authority's president and chief executive offi-
 cer, or  their  designee  may  waive  the  procurement  and  development
 requirements  set  forth  in  this paragraph if such official determines
 that: the requirements would not be in the public interest; the require-
 ments would result in unreasonable costs; obtaining such  infrastructure
 components  and  parts in the United States would increase the cost of a
 renewable energy generating project by an unreasonable amount;  or  such
 components or parts cannot be produced, made, or assembled in the United
 States in sufficient and reasonably available quantities or of satisfac-
 tory  quality.  Such  determination  shall be made on an annual basis no
 later than December thirty-first, after providing notice and an opportu-
 nity for public comment, and such determination shall be  made  publicly
 available,  in writing, on the New York state energy research and devel-
 opment authority's website with a detailed explanation of  the  findings
 leading to such determination. If the New York state energy research and
 development  authority's president and chief executive officer, or their
 designee, has issued determinations for three consecutive years  finding
 that  no  such  waiver is warranted pursuant to this paragraph, then the
 New York state energy research and development authority shall no longer
 be required to provide the annual determination required by  this  para-
 graph.
   (d)(i) The commissioner of labor, in consultation with labor organiza-
 tions,  shall  develop  a  comprehensive  plan  to transition, train, or
 retrain employees that are impacted by projects undertaken  pursuant  to
 this  act, or the study provided in section three of this act. This plan
 shall include a method of allowing displaced and transitioning  workers,
 including  affected  labor  organizations, to notify the commissioner of
 the loss of employment, their previous title, and  previous  wage  rates
 including  whether  they  previously  received medical and/or retirement
 benefits. The plan shall require employers to notify the commissioner of
 workers laid off or discharged due to this act.
   (ii) The commissioner of labor shall  create  a  program  pursuant  to
 which,  where  applicable  and feasible, newly created job opportunities
 shall be offered to a pool of transitioning workers who have lost  their
 employment  or  will  be  losing  their  employment in the energy sector
 through projects undertaken pursuant to this act, or the study  provided
 in  section  three  of this act. Such program shall include a method for
 the commissioner of labor to communicate names and  contact  information
 for  displaced or transitioning workers to public entities that may have
 job opportunities for such workers every 90 days.
   (e) Notwithstanding any provision of law to the contrary,  all  rights
 or   benefits,   including  terms  and  conditions  of  employment,  and
 A. 4866--D                          7
 
 protection of civil service and  collective  bargaining  status  of  all
 existing public employees and the work jurisdiction, covered job titles,
 and  work assignments, set forth in the civil service law and collective
 bargaining  agreements  with  labor  organizations  representing  public
 employees shall be preserved and   protected. Nothing  in  this  section
 shall  result in the:  (i) displacement of any currently employed worker
 or loss of position (including partial displacement as such a  reduction
 in  the  hours  of  non-overtime work, wages, or employment benefits) or
 result in the impairment of existing collective  bargaining  agreements;
 (ii)  transfer  of  existing duties and functions related to maintenance
 and operations currently performed by existing employees  of  authorized
 entities to a contracting entity; or (iii) transfer of future duties and
 functions  ordinarily performed by employees of authorized entities to a
 contracting entity.
   § 7. The Long Island power authority  shall  establish  a  program  or
 programs  in its service territory consistent with the recommendation of
 the  study  conducted  pursuant  to  section  three  of  this  act,  the
 provisions of section five of this act, and the purposes of this act.
   § 8. This act shall take effect immediately.