Senate Bill S1695

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1695
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 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  to amend the public service law and the environmental conserva-
   tion law, in relation to eliminating coal burning and coal use

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The public service law is amended by adding a new section
 66-u to read as follows:
   § 66-U. COAL BURN AND USE PROHIBITED. 1. THE COMMISSION IS  AUTHORIZED
 AND  DIRECTED  TO  DEVELOP  RULES  AND PLANS FOR THE ELIMINATION OF COAL
 BURNING AND COAL USE WHICH SHALL  INCLUDE  REQUIREMENTS  THAT  BEGINNING
 AFTER  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY-FOUR, THE COMMISSION
 SHALL NOT:
   (A) APPROVE ANY NEW OR RENEWED POWER PURCHASE AGREEMENT THAT  PROPOSES
 TO BURN OR CONSUME COAL TO GENERATE ELECTRICITY; OR
   (B)  ISSUE  OR  RENEW ANY PERMIT TO AN OWNER OR OPERATOR OF A FACILITY
 WHICH WILL BURN OR CONSUME COAL TO GENERATE ELECTRICITY.
   2. THE BURNING OF COAL MAY BE AUTHORIZED WHERE IT IS NECESSARY  FOR  A
 MANUFACTURING  USE  OR PURPOSE, IN CHEMICAL PRODUCTS, FOR PHARMACEUTICAL
 PURPOSES, FOR AGRICULTURAL PURPOSES, IN CHEMICAL PRODUCTS,  FOR  PHARMA-
 CEUTICAL  PURPOSES, FOR AGRICULTURAL PURPOSES, OR FOR THE OPERATION OF A
 LABORATORY, CREMATORIUM, COMMERCIAL KITCHEN, OR WHERE USED FOR RELIABIL-
 ITY, EMERGENCY, BACK-UP FUEL OR STANDBY POWER, OR OTHER USE  ALLOWED  BY
 RULE  OF  THE  COMMISSION, TO THE EXTENT NECESSARY FOR, AND IN THE SPACE
 OCCUPIED BY SUCH USE OR PURPOSE.
   3. NOTWITHSTANDING THE PROVISIONS SET FORTH IN SUBDIVISION TWO OF THIS
 SECTION, NO FACILITY SHALL BE APPROVED WHERE THE COMMISSION  FINDS  THAT
 THERE  WILL  BE  SIGNIFICANT, ADVERSE AND DISPROPORTIONATE ENVIRONMENTAL
 IMPACTS TO DISADVANTAGED COMMUNITIES RESULTING FROM THE CONSTRUCTION  OR
 OPERATION OF A FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05728-01-3
              

 S. 1695                             2
 
   §  2. Section 19-0311 of the environmental conservation law is amended
 by adding a new subdivision 6 to read as follows:
   6.  A. BEGINNING AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR
 THE DEPARTMENT SHALL NOT ISSUE OR RENEW CERTIFICATES FOR ANY MAJOR  COAL
 BURNING ELECTRIC GENERATING FACILITY.
   B.  THE  BURNING  OF COAL MAY BE PERMITTED WHERE IT IS NECESSARY FOR A
 MANUFACTURING USE OR PURPOSE, IN CHEMICAL PRODUCTS,  FOR  PHARMACEUTICAL
 PURPOSES, FOR AGRICULTURAL PURPOSES, OR FOR THE OPERATION OF A LABORATO-
 RY,  CREMATORIUM,  COMMERCIAL  KITCHEN,  OR  WHERE  USED FOR RELIABILITY
 NEEDS, EMERGENCY, BACK-UP FUEL OR STANDBY POWER, OR OTHER USE ALLOWED BY
 RULE OF THE DEPARTMENT, TO THE EXTENT NECESSARY FOR, AND  IN  THE  SPACE
 OCCUPIED BY SUCH USE OR PURPOSE.
   C.  NOTWITHSTANDING  THE  PROVISIONS  SET FORTH IN PARAGRAPH B OF THIS
 SUBDIVISION, NO FACILITY SHALL BE APPROVED WHERE  THE  DEPARTMENT  FINDS
 THAT  THERE  WILL  BE SIGNIFICANT, ADVERSE AND DISPROPORTIONATE ENVIRON-
 MENTAL  IMPACTS  TO  DISADVANTAGED  COMMUNITIES   RESULTING   FROM   THE
 CONSTRUCTION OR OPERATION OF A FACILITY.
   §  3.  The  environmental  conservation law is amended by adding a new
 section 37-0123 to read as follows:
 § 37-0123. PROHIBITION AGAINST CERTAIN COAL.
   1. NO PERSON SHALL PERMIT THE BURNING OF COAL WITHIN ANY BUILDING.
   2. NO PERSON SHALL SELL OR OFFER FOR  SALE  BITUMINOUS  COAL  THAT  IS
 PRE-PACKED.
   3.  NO  PERSON  SHALL  SELL OR OFFER FOR SALE LOOSE COAL DIRECTLY TO A
 CONSUMER.
   4. NO COAL SHALL BE USED FOR THE PURPOSE OF PROVIDING HEATING FOR  ANY
 BUILDING OR FACILITY IN THE STATE, UNLESS PROVIDED AN EXEMPTION PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION.
   5.  THE  BURNING OF COAL MAY BE AUTHORIZED WHERE IT IS NECESSARY FOR A
 MANUFACTURING USE OR PURPOSE, IN CHEMICAL PRODUCTS,  FOR  PHARMACEUTICAL
 PURPOSES,  FOR AGRICULTURE PURPOSES, OR FOR THE OPERATION OF A LABORATO-
 RY, CREMATORIUM, COMMERCIAL KITCHEN,  OR  WHERE  USED  FOR  RELIABILITY,
 EMERGENCY,  BACK-UP  FUEL OR STANDBY POWER, OR OTHER USE ALLOWED BY RULE
 OF THE DEPARTMENT, TO THE EXTENT NECESSARY FOR, AND IN THE  SPACE  OCCU-
 PIED BY SUCH USE OR PURPOSE.
   6.  NOTWITHSTANDING  THE  PROVISIONS  SET FORTH IN SUBDIVISION FIVE OF
 THIS SECTION, NO FACILITY SHALL BE APPROVED WHERE THE  DEPARTMENT  FINDS
 THAT  THERE  WILL  BE SIGNIFICANT, ADVERSE AND DISPROPORTIONATE ENVIRON-
 MENTAL  IMPACTS  TO  DISADVANTAGED  COMMUNITIES   RESULTING   FROM   THE
 CONSTRUCTION OR OPERATION OF A FACILITY.
   § 4. This act shall take effect immediately.