Senate Bill S8031

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8031
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  in  relation  to  authorizing  and directing the public service
   commission and the New York  state  energy  research  and  development
   authority  to  conduct a study to determine the possibility of closing
   peaker plant electric generating facilities;  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:
   (a) "peaker plant electric generating facility"  shall  mean  a  major
 electric  generating  facility  as defined in paragraph b of subdivision
 one of section 19-0312 of the environmental conservation law that  burns
 coal,  oil,  diesel,  or  natural  gas and was operational and generated
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13056-01-5
 S. 8031                             2
 
 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; and
   (c) "renewable energy" shall have the same meaning as "renewable ener-
 gy systems" set forth in section 66-p of the public service law.
   § 3. The public service commission, in conjunction with the  New  York
 state  energy  research  and  development  authority,  is authorized and
 directed to conduct a study on the closure of peaker  plants  throughout
 New  York  state  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) identify other energy plants that can compensate  for  the  peaker
 plant distribution of the energy grid;
   (c)  the  impact of renewable energy systems on the reliability of the
 electric system in the state, including, but not limited to,  how  reli-
 ability shall be maintained when solar and wind resources are not gener-
 ating  power,  and  how  reliability  will be maintained if fast-ramping
 gas-fired generation is phased out;
   (d) a proposed strategy to replace the plants  with  renewable  energy
 systems or battery storage, 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; and
   (i) identify 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 any currently
 employed worker impacted by this act  who  agrees  to  be  retrained  in
 renewable energy system work places.
   §  4.  The public service commission, in conjunction with the New York
 state energy research and development authority, may conduct  any  hear-
 ings 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 thor-
 ough analysis of all issues related to the provisions listed in  section
 one of this act.
   §  5.  The public service commission, in conjunction with the New York
 state energy research and development authority, shall issue  its  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 telecommunications, and post  a  copy  of
 such report on its website.
   §  6.  This  act shall take effect immediately and shall expire and be
 deemed repealed 2 years after such date.