S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9003
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Energy
 
 AN ACT in relation to authorizing and directing the New York state ener-
   gy research and development authority, the public  service  commission
   and  the  New York power authority to conduct a study to determine the
   possibility of closing the peaker plant electric generating facilities
   in Brooklyn, NY; Brentwood, NY; Astoria,  NY  and  providing  for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. Peaker  plants  have  been
 used  to  ensure  grid  reliability  during  high-demand periods. Peaker
 plants are not used routinely throughout the year but instead  are  used
 as  backup  energy  sources  in  the event that the energy grid is under
 increased pressure. Grid operators spend a  large  amount  of  money  on
 operating  and  maintaining these highly polluting plants so they can be
 ready to quickly start up at times of peak demand, which  are  rare  but
 dangerous moments on the grid. Host communities where these power plants
 are  located  have  borne  the  burden  of  these power plants for years
 concerning poor air quality, noise, and noxious odors.  More  than  one-
 third  of  New  York's  peaker plants primarily burn oil and over three-
 quarters are at least 30 years old  resulting  in  numerous  inefficient
 plants  with  high rates of greenhouse gas and health-damaging pollutant
 emissions for every unit of electricity generated. Nearly a third of the
 plants are located in areas the  state  considers  to  be  environmental
 justice  communities (disadvantaged communities), where vulnerable popu-
 lations typically experience high levels  of  health  and  environmental
 burdens.
   §  2. For the purposes of this act, the following terms shall have the
 following meanings:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11998-04-5
 A. 9003                             2
              

 
   (a) "peaker plant electric generating  facility"  and  "peaker  plant"
 shall  mean a major electric generating facility as defined in paragraph
 b of subdivision one of section 19-0312 of the  environmental  conserva-
 tion  law  that  burns  coal, oil, diesel, or natural gas and was opera-
 tional  and  generated electricity less than fifteen percent of the year
 during at least two years between 2014 and 2024;
   (b) "disadvantaged communities" shall mean areas burdened  by  cumula-
 tive environmental pollution and other hazards that can lead to negative
 public health effects;
   (c)  "renewable  energy" and "renewable energy systems" shall have the
 same meanings as set forth in section 66-p of the  public  service  law;
 and
   (d)  "qualified  energy storage system" shall have the same meaning as
 set forth in section 74 of the public service law.
   § 3. The New York state energy research and development authority,  in
 consultation  with  the  public  service  commission  and New York power
 authority, is authorized and directed to conduct a study to assess clos-
 ing the following New York power authority peaker plants; the Kent peak-
 er plant, located at North 1st  and  Grand  47-79  River,  Brooklyn,  NY
 11211,  the  Brentwood  peaker  plant,  located at West End Campus Road,
 Brentwood, NY 11717, the Vernon peaker plant, located  at  38-54  Vernon
 Blvd,  Astoria,  NY  11101,  and the potential impact on the surrounding
 area. Such study shall include, but not be limited to:
   (a) the change in electricity wholesale prices,  delivery  rates,  and
 total  bills  that  energy  consumers  in this state will pay, including
 indirect energy costs;
   (b) identifying other existing peaker plant electric generating facil-
 ities, renewable energy systems and  qualified  energy  storage  systems
 that  can  compensate  for  the  closure of the Kent, the Vernon and the
 Brentwood peaker plants, with preference given to qualified energy stor-
 age systems and renewable energy systems;
   (c) the impact of renewable energy systems on the reliability  of  the
 electric  system  in  the  state,  including, but not limited to, how to
 maintain reliability when solar and wind resources  are  not  generating
 requisite  power  and  how reliability can be maintained if fast-ramping
 gas-fired generation is phased out;
   (d) proposing a strategy to replace the plants with  renewable  energy
 systems or qualified energy storage systems or a combination thereof;
   (e) energy systems that would maintain reliable energy output during a
 transition period;
   (f)  potential  effect  of such a transition on disadvantaged communi-
 ties;
   (g) the  discharge,  displacement,  or  loss  of  position,  including
 partial  displacement  such  as a reduction in the hours of non-overtime
 work, wages, or employment benefits;
   (h) the impairment of existing collective bargaining agreements;
   (i) identifying means to establish the following:
   i. the transfer of existing duties and functions to  renewable  energy
 systems; and
   ii.  the  transfer of future duties and functions, of employed workers
 located at the peaker plants impacted by this act and how  they  can  be
 retrained in renewable energy system work places;
   (j)  the  impact  on black start capabilities within New York city and
 throughout the state, and what alternatives can be deployed to  maintain
 grid reliability and resiliency; and
 A. 9003                             3
 
   (k)  any  legal  barriers that may exist to reusing these peaker plant
 sites for repowering projects and how those barriers can be overcome  by
 legislation, and/or rules or regulations.
   § 4. The New York power authority, in consultation with the the public
 service  commission  and  New York state energy research and development
 authority, may conduct any hearings or take any written testimony as  it
 deems  necessary  in  order  to aid such study, and shall take all other
 steps necessary to provide a thorough analysis of all issues related  to
 the provisions listed in section three of this act.
   §  5.  The  New  York power authority, in consultation with the public
 service commission and New York state energy  research  and  development
 authority,  shall  issue a final report no later than one year after the
 effective date of this act to the governor, the speaker of the assembly,
 the temporary president of the senate, and the chairs  of  the  assembly
 committee  on energy and the senate committee on energy and telecommuni-
 cations, and post a copy of such report on the New York  power  authori-
 ty's website.
   §  6.  This  act shall take effect immediately and shall expire and be
 deemed repealed 2 years after such date.