NY State Senate Bill 2025-S8031

Senate Bill S8031

2025-2026 Legislative Session

Relates to a study to determine the possibility of closing peaker plants throughout the state

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Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to energy and telecommunications

2025-S8031 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Environmental Conservation

2025-S8031 (ACTIVE) - Summary

Authorizes and directs the public service commission and the energy research and development authority to conduct a study to determine the possibility of closing peaker plants throughout the state.

2025-S8031 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8031

SPONSOR: GONZALEZ
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes and directs the public service commission and the energy
research and development authority to conduct a study to determine the
possibility of closing a Peaker plant in Brooklyn, NY

 
SUMMARY OF PROVISIONS:

Section 1: Legislative findings and intent

Section 2: Defines "Peaker plant electric generating facility," "disad-

vantaged communities," "renewable energy," and "renewable energy
systems" for the purpose of this act.

"Peaker plant electric generating facility" means a major electric
generating facility with a nameplate capacity of twenty-five thousand
kilowatts or more (as defined in paragraph b of subdivision one of
section 19-0312) and burns coal, oil, diesel, or natural gas and was
operational and generated electricity less than fifteen percent of the
year during a least two years between 2014 and 2024

"Disdained communities" are areas burdened by cumulative environmental
pollution and other hazards that can have negative public health
effects.

"Renewable energy" and "Renewable Energy systems" (wilt have the same
definitions outlined in section 66-p of the public service law) means
systems that generate electricity or thermal energy through use of the
following technologies: solar, thermal, photovoltaics, on land and
offshore wind, hydroelectric, geothermal electric, geothermal electric,
geothermal ground source heat, tidal energy, wave energy, ocean thermal,
and fuel cells which do not utilize a fossil fuel resource in the proc-
ess of generating electricity.

Section 3: The Public Service Commission, in conjunction with the New
York State Energy Research and Development Authority (NYSERDA), is
charged with vond,(4cting a study to assess the closing of Peaker Plants
statewide, and its impact on the airrosubding communities.

The study will include the following--

(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 plant's
share of the energy grid.

(c) Impact of renewable energy systems on the reliabilities of the elec-
tric system in the state including, but not limited to, how to maintain
reliability when solar and wind resources are not generating requisite
power.

(d) Propose a strategy to replace the plant with renewable energy
systems.

(e) Energy systems that would maintain reliable energy output during the
transition period.

(f) Impact such transition would have on disadvantaged communities.

(g) Impact on the labor force.

(h) Impact on existing collective bargaining agreements and the transfer
of future duties of employed workers

Section 4: Gives the authority to PSC and NYSERDA to conduct any hear-
ings or take any written testimony needed to aid the study.

Section 5: Requires PSC and NYSERDA to issue a final report after the
effective date of this act to the governor, speaker of the assembly, and
temporary president of the senate, and chairs of the assembly committee
on energy and senate committee on energy and telecommunications and post
a copy of such report on its website.

 
JUSTIFICATION:

The climate leadership and community protection act and scoping plan
requires all fossil fuel power plants throughout the state to be decom-
missioned by 2050.

The proposed study is crucial for enabling a fair and sustainable tran-
sition from fossil fuel-based Peaker plants to a cleaner and more resil-
ient energy infrastructure in northern Brooklyn.

Peaker plants are high-emission facilities that operate infrequently but
produce significant environmental and health burdens due to their reli-
ance on coal, oil, diesel, or natural gas.

These plants are often situated in or near disadvantaged communities-ar-
eas that are already disproportionately affected by cumulative pollution
and other environmental hazards. The ongoing operation of these plants
undermines public health, perpetuates environmental injustice, and
contributes to climate change.

While closing these facilities poses challenges, it also presents oppor-
tunities. It is essential to evaluate how such closures impact electric-
ity prices, grid reliability, and service continuity-particularly during
peak demand periods when Peaker plants are most frequently utilized.
Especially during peak demand periods when Peaker plants are most often
deployed.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed repealed 2 years
after such date.

2025-S8031 (ACTIVE) - Bill Text download pdf

                             
                     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.

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