S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9006
 
                             I N  S E N A T E
 
                               April 9, 2024
                                ___________
 
 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 energy law, in relation to the creation of geother-
   mal facilities in New York state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The energy law is amended by adding a new section 3-105 to
 read as follows:
   § 3-105. GEOTHERMAL FACILITIES.   NEW  GEOTHERMAL,  DRY  STEAM,  FLASH
 STEAM,  AND BINARY CYCLE PLANT FACILITIES SHALL BE CREATED AND INSTALLED
 ON AN EXPEDITED PROCESS, IN CONJUNCTION WITH THE FOLLOWING GUIDELINES:
   1. SUCH FACILITIES SHALL BE CONSTRUCTED ON SITES THAT ARE PRE-APPROVED
 BY THE PUBLIC SERVICE COMMISSION, THE NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY, THE NEW YORK POWER AUTHORITY, OR OTHER IDENTIFIED
 STATE-APPROVED  ORGANIZATIONS  WHICH  SPECIALIZE  IN  THE  CONSTRUCTION,
 PRODUCTION, AND DISTRIBUTION OF ENERGY.
   2.  SUCH FACILITIES SHALL BE CAPABLE OF COMPLETING EFFICIENT AND SAFE-
 TY-APPROVED CONSTRUCTION AND WILLING TO OPERATE IN COMPLIANCE  WITH  THE
 ENVIRONMENTAL  CONSERVATION LAW TO PERFORM THE SAFE CAPTURE AND HARNESS-
 ING OF GEOTHERMAL ENERGY.
   3. ALL GEOTHERMAL COMPANIES AND SUCH COMPANIES' OPERATING PARTNERS AND
 AFFILIATES SHALL GO THROUGH ANNUAL INSPECTIONS STARTING ONE  YEAR  AFTER
 COMPLETION OF CONSTRUCTION, MAXIMIZING THE SAFETY OF THE ENERGY FACILITY
 AND THE SURROUNDING LOCAL AREA OF SAID FACILITY. SUCH ANNUAL INSPECTIONS
 WILL  BE  CONDUCTED BY THE STATE, THE PUBLIC SERVICE COMMISSION, THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE NEW YORK POWER
 AUTHORITY,  OR  OTHER  IDENTIFIED  STATE-APPROVED  ORGANIZATIONS   WHICH
 SPECIALIZE IN THE CONSTRUCTION, PRODUCTION, AND DISTRIBUTION OF ENERGY.
   4.  THE  PUBLIC SERVICE COMMISSION, THE NEW YORK STATE ENERGY RESEARCH
 AND DEVELOPMENT AUTHORITY, OR ANY OTHER COMPETENT AUTHORITY THAT  GEOTH-
 ERMAL  ENERGY  PRODUCTION  MAY  FALL  UNDER,  SHALL OVERSEE THE MAPPING,
 TRACKING, AND REPORTING OF AREAS THAT HAVE BEEN APPROVED  AND  CITED  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15135-01-4
              

 S. 9006                             2
 
 READY  FOR  GEOTHERMAL-CAPABLE  FACILITIES  TO  BE  ERECTED  ON APPROVED
 GROUNDING SITES.
   5.  THE  DOCUMENTED  INFORMATION  FOR THE READYING OF CONSTRUCTION AND
 INSTALLATION OF SUCH FACILITIES SHALL BE MADE PUBLIC ON A  STATE  AGENCY
 WEBSITE  FOR A MINIMUM OF THIRTY DAYS ALLOWING FOR PUBLIC COMMENT ON THE
 APPROVED SITE IF THE CITED AREA IS IN CONJUNCTION WITH A  LOCAL  MUNICI-
 PALITY,  AND/OR  WOULD  CHANGE  THE  OVERALL  AGRICULTURAL  LAND  IN THE
 APPROVED AREA. HOWEVER, IF THERE ARE NO ADVERSE  EFFECTS  TO  THE  LOCAL
 MUNICIPALITY, THE THIRTY-DAY COMMENT PERIOD SHALL BE CLOSED WITH NO NEED
 FOR FURTHER REVIEW, AND CONSTRUCTION OF THE FACILITY MAY COMMENCE EFFEC-
 TIVE IMMEDIATELY.
   6.  THE  CONSTRUCTION  AND INTEGRATION OF ENERGY SYSTEMS TO THE DESIG-
 NATED APPROVED AREA MAY EXPEDITE  APPROVAL  TIME  OF  PERMITS  WITH  THE
 HIRING OF A BONAFIDE OR STATE-APPROVED LOCAL UNION TO TAKE ON THE PRIMA-
 RY  ROLES  OF INSTALLATION AND CONSTRUCTION OF THE NEW FACILITY FITTING,
 OR RETROFITTING AS IN THE CASE OF OLDER FOSSIL FUEL FACILITIES THAT  ARE
 CAPABLE  OF  BEING RETROFITTED FOR GEOTHERMAL ENERGY PRODUCTION, FOR THE
 PROCESS OF BRINGING IN NEW GEOTHERMAL POWER  PRODUCTION  FACILITIES  FOR
 DRY STEAM, FLASH STEAM, AND BINARY CYCLE.
   7. GEOTHERMAL COMPANIES SHALL BE DEEMED ELIGIBLE FOR STATE FUNDING AND
 GRANTS  IF  THEY  EMPLOY AND RETAIN MORE THAN SIXTY PERCENT OF THE WORK-
 FORCE FROM NEW YORK STATE RESIDENTS AND/OR LOCAL  UNIONS  FOR  CONTINUED
 EMPLOYMENT BEYOND THE ORIGINAL BASE CONSTRUCTION OF THE FACILITY.
   8.  THE MAPPING PROCESS SHALL INCLUDE, BUT NOT BE LIMITED TO THE INTE-
 GRATION OF THE AREA THAT HAS BEEN APPROVED TO BE A NEWLY-FORMED FACILITY
 SITE WHICH IS CAPABLE OF REASONABLY AND TIMELY CONNECTING TO  PRE-EXIST-
 ING LINES AS WELL AS, THE CREATION OF NEW LINES TO INTERCONNECT WITH THE
 NEW  GEOTHERMAL ENERGY SOURCE, AND ANY OTHER NEW OR PRE-EXISTING RENEWA-
 BLE ENERGY SOURCE THAT MAY PROVIDE A  SUFFICIENT,  SAFE,  RELIABLE,  AND
 AFFORDABLE  COMMODITY FOR EXISTING AND NEW STRUCTURES. RESIDENTIAL HOUS-
 ING SHALL TAKE CONNECTION  PRIORITY,  FOLLOWED  BY  COMMERCIAL  BUILDING
 STRUCTURES,  WITH  THE  GOAL BEING A SUSTAINABLE SOURCE ABLE TO MAINTAIN
 AND SUSTAIN THE SURROUNDING STRUCTURE AND PROVIDE ENOUGH ENERGY TO BUILD
 OUT MORE IN-DEPTH BATTERY STORAGE AND ENERGY SUPPLY FOR THE ENTIRETY  OF
 NEW YORK.
   9.  THE  ADOPTION  AND  BUILD  OUT OF GEOTHERMAL ENERGY FACILITIES AND
 THEIR DISTRIBUTION OF STORED ENERGY WILL NOT PRECLUDE, EXCLUDE, OR ELIM-
 INATE THE CONTINUED ADOPTION OF  ANY  AND  ALL  OTHER  RENEWABLE  ENERGY
 SOURCES  THAT WOULD AID IN THE ABILITY TO CREATE A SUSTAINABLE, AFFORDA-
 BLE AND CLEAN ENERGY EFFICIENT NEW YORK, AND SHALL NOT REMOVE OR  SUPER-
 SEDE  ANY  CURRENT  RENEWABLE  ENERGY  PROJECTS  THAT  HAVE ALREADY BEEN
 APPROVED, HAVE ALREADY STARTED CONSTRUCTION, OR HAVE BEEN DEEMED A VALU-
 ABLE PIECE OF CLEAN ENERGY PROVISIONS FOR THE STATE.
   § 2. This act shall take effect immediately.