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A03223 Summary:

BILL NOA03223
 
SAME ASNo Same As
 
SPONSORHunter
 
COSPNSR
 
MLTSPNSR
 
Add Art 19 Title 13 §§19-1301 - 19-1313, En Con L; amd §168, Pub Serv L
 
Enacts the "power plant zero carbon emissions act of 2023"; requires that existing fossil fuel-fired electric generating facilities must demonstrate that they will achieve zero greenhouse gas emissions by 2040.
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A03223 Actions:

BILL NOA03223
 
02/02/2023referred to environmental conservation
01/03/2024referred to environmental conservation
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A03223 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3223
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the environmental conservation law and the public service law, in relation to requiring zero emission certification for fossil fuel-fired electric generating units   PURPOSE: Relates to enacting the "power plant zero carbon emissions act of 2023"   SUMMARY OF PROVISIONS: Section 1 provides that this act shall be known and cited as the "power plant zero carbon emissions act of 2023." Section 2 amends the Environmental Conservation Law (ECL) by adding a new title 15 to Article 19. ECL section 19-1501 is the statement of findings; section 19-1503 sets forth definitions; section 19-0505 requires major fossil fuel-fired electric generating facilities to submit to the Department of Environmental Conservation (DEC) a zero carbon emission plan demonstrating how the facility will achieve zero carbon emissions by 2040 as required by the Climate Leadership and Community Protection Act; section 19-1507 sets forth the procedural and substantive requirements for DEC review of submitted plans, including issuance by DEC of a written certification that the facility has complied with the plan submission requirement; section 19-1509 prohibits issuance to a covered facility of a new or renewal permit by DEC unless the facility has an approved zero carbon emissions plan; section 19-1511 sets forth requirements for facilities that have been granted suspension or modification of the zero carbon emission requirement pursuant to section 66-p of the Public Service Law; and section 19-1513 authorizes DEC to promulgate implementing regulations. Section 3 amends subdivision 3 of section 168 of the, Public Service Law to prohibit the issuance of a certificate of environmental compatibility and public need unless the facility has a written certification from DEC that it has an approved zero carbon emission plan or has certified that it will cease operations prior to January 1, 2040. Section 4 provides that the act will take effect immediately.   JUSTIFICATION: The Climate Leadership and Community Protection Act (CLCPA) mandates that the State achieve a zero carbon electric grid by 2040. Approxi- mately 70 percent of electric generation in New York is from fossil fuel-fired generating facilities. However, none of these facilities are currently required to demonstrate how they will comply with the CLCPA zero carbon emission mandate by the 2040 deadline. This bill requires major fossil fuel-fired electric generating facili- ties applying to DEC for a new operating permit or renewal of an exist- ing operating permit to submit a plan demonstrating how the facility will achieve zero carbon emissions by 2040. The proposed plan will be subject to public comment and public hearing requirements. DEC must approve the plan if it determines that the plan sets forth verifiable, enforceable and achievable measures for achieving zero carbon emissions, including operational measures, emission controls, fuel use, renewable replacement technologies, batter storage, or any combination thereof. Upon approval of a zero carbon emission plan, DEC must issue a written certification that the plan has been approved. A covered facility is not required to submit a zero carbon emission plan if it provides written proof to DEC that it will cease operations prior to January 1, 2040 and that the Public Service Commission (PSC) has been notified that the facility will cease operations. DEC is prohibited from issuing a new operating permit or renewing an existing operating permit unless the facility has received written certification that its zero carbon emis- sion plan has been approved. The PSC is also prohibited fr om issuing a certificate of environmental compatibility and public need unless the covered facility has a written certification from DEC that it has an approved plan, or the facility will cease operations prior to January 1, 2040. Covered facilities that have been granted a suspension or modifi- cation by the PSC of the CLCPA's zero carbon mandate are required to submit a plan demonstrating that the facility will achieve a two-to-one carbon offset by January 1, 2040.   LEGISLATIVE HISTORY: 2022: A7895   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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A03223 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3223
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 2, 2023
                                       ___________
 
        Introduced by M. of A. HUNTER -- read once and referred to the Committee
          on Environmental Conservation
 
        AN  ACT  to  amend  the  environmental  conservation  law and the public
          service law, in relation to requiring zero emission certification  for
          fossil fuel-fired electric generating units

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "power plant zero carbon emissions act of 2023".
     3    §  2.  Article  19 of the environmental conservation law is amended by
     4  adding a new title 13 to read as follows:
     5                                  TITLE 13
     6                      POWER PLANT ZERO CARBON EMISSIONS
     7  Section 19-1301. Statement of findings.
     8          19-1303. Definitions.
     9          19-1305. Mandatory zero carbon emission plan.
    10          19-1307. Review of plans and certification.
    11          19-1309. Prohibition.
    12          19-1311. Requirements  for  facilities  granted  suspension   or
    13                     modification.
    14          19-1313. Regulations.
    15  § 19-1301. Statement of findings.
    16    1.  Electric  generating  units that burn coal, oil, diesel or natural
    17  gas are significant sources of greenhouse gas emissions in the state.
    18    2. The climate leadership and community protection act  requires  that
    19  the state achieve one hundred percent zero carbon electric generation by
    20  two thousand forty.
    21    3.  In order for the state to achieve this goal, existing fossil fuel-
    22  fired electric generating facilities must  demonstrate  that  they  will
    23  achieve zero greenhouse gas emissions by two thousand forty.
    24  § 19-1303. Definitions.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07808-01-3

        A. 3223                             2
 
     1    1.  "Baseline  emissions"  shall  mean maximum emissions of greenhouse
     2  gases by a covered facility occurring over any twelve-month  period  for
     3  the five years preceding the effective date of this title.
     4    2. "Covered facility" shall mean an existing major electric generating
     5  facility  as  defined in paragraph b of subdivision 1 of section 19-0312
     6  of this article that burns coal, oil, diesel or natural gas.
     7    3. "Existing major electric generating facility" shall mean a facility
     8  in existence, or for which construction has commenced, as of the  effec-
     9  tive  date  of  this title, and shall include a new facility proposed to
    10  replace an existing facility at the same or substantially same  location
    11  whether or not construction of such new facility has commenced as of the
    12  effective date of this title.
    13    4. "Greenhouse gas" shall have the same meaning as set forth in subdi-
    14  vision 7 of section 75-0101 of this chapter.
    15    5.  "Operating  permit"  shall  have  the same meaning as set forth in
    16  subdivision 18 of section 19-0107 of this article.
    17    6. "Renewable energy systems" shall have the same meaning as set forth
    18  in section sixty-six-p of the public service law.
    19  § 19-1305. Mandatory zero carbon emission plan.
    20    1. The owner or operator of a covered facility  shall  submit  to  the
    21  department  as  part  of an application for a new operating permit or an
    22  application to renew an existing operating permit  a  written  plan  and
    23  supporting  documentation  demonstrating  that the facility's operations
    24  will, on or before the first day of January, two thousand forty, achieve
    25  zero emissions of greenhouse gases.
    26    2. The plan shall include, at a minimum, the following:
    27    a. The number of days and hours the plant operated during each of  the
    28  previous five years;
    29    b.  The annual power output of the plant for each of the previous five
    30  years;
    31    c. The fuel or fuels utilized by the plant to generate power;
    32    d. The facility's annual emissions of greenhouse gases,  expressed  in
    33  tons of carbon dioxide equivalents;
    34    e.  The  verifiable  and  enforceable  operational  measures, emission
    35  controls, fuel use, renewable replacement technologies, battery storage,
    36  or any combination thereof, the facility  will  institute  in  order  to
    37  achieve zero emissions of greenhouse gases on or before the first day of
    38  January, two thousand forty; and
    39    f.  The schedule for implementation of each of the measures identified
    40  in the plan.
    41    3. The owner or operator of a  covered  facility  may  submit  to  the
    42  department,  in  lieu of a mandatory zero emission plan, written certif-
    43  ication that it will cease operations on or  before  the  first  day  of
    44  January,  two  thousand forty. Such certification shall specify the date
    45  that the covered facility will cease operations and include  proof  that
    46  the  department of public service has been notified of the date that the
    47  facility will cease operations.
    48  § 19-1307. Review of plans and certification.
    49    1. The department shall review a plan submitted by a covered  facility
    50  and  shall  approve  such plan if it demonstrates that the facility will
    51  achieve, on or before the first day of January, two thousand forty, zero
    52  emissions of greenhouse gases. The department shall not approve the plan
    53  unless it determines that the operational measures,  emission  controls,
    54  fuel  use,  renewable  replacement technologies, battery storage, or any
    55  combination thereof, set forth in the plan are  verifiable,  enforceable
    56  and achievable based on currently existing technology or technology that

        A. 3223                             3
 
     1  will  be  reasonably  available  and  reliable  within the timeframe for
     2  implementation set forth in the plan.
     3    2. The department shall provide public notice of the zero carbon emis-
     4  sion  plan and an opportunity for public comment on the plan of not less
     5  than sixty days. The department shall hold at least one  public  hearing
     6  on the plan in the community in which the covered facility is located.
     7    3.  After  review and consideration of public comments, the department
     8  shall approve or disapprove the plan. If  the  department  approves  the
     9  plan,  it  shall issue a written certification that the covered facility
    10  complies with the requirements of this title.
    11    4. Upon approval of the mandatory zero carbon emission plan, the owner
    12  or operator of the covered facility shall implement the plan in  accord-
    13  ance  with the schedule set forth in the plan and provide to the depart-
    14  ment an annual compliance and progress report beginning one  year  after
    15  the  department approves the plan. The department shall make each annual
    16  compliance and progress report available on its website.
    17    5. If the department disapproves a proposed plan, the department shall
    18  inform the owner or operator of the covered facility in writing  of  the
    19  reasons for such disapproval. The owner or operator shall submit a modi-
    20  fied plan within sixty days of receiving the department's written notice
    21  of  disapproval.  The  modified  plan shall be subject to the notice and
    22  public comment and hearing procedures set forth in this section.
    23  § 19-1309. Prohibition.
    24    The department shall not issue a new  operating  permit  or  renew  an
    25  existing  operating  permit  for  a covered facility unless the owner or
    26  operator of the facility has submitted to the department (i) a mandatory
    27  zero carbon emission plan that has been approved by the  department  and
    28  for  which  a  written certification pursuant to section 19-1307 of this
    29  title has been issued; or (ii) written certification that it will  cease
    30  operations on or before the first day of January, two thousand forty.
    31  § 19-1311. Requirements  for  facilities granted suspension or modifica-
    32               tion.
    33    1. In the event the public service commission grants a covered facili-
    34  ty a suspension or modification pursuant to subdivision four of  section
    35  sixty-six-p  of the public service law of the obligation to achieve zero
    36  emissions, the owner or operator of such covered facility  shall  submit
    37  to  the  department as part of an application for a new operating permit
    38  or an application to renew an existing operating permit a written carbon
    39  emission reduction plan and supporting documentation demonstrating  that
    40  the  facility's  operations will, on or before the first day of January,
    41  two thousand forty, achieve a two-to-one  reduction  in  greenhouse  gas
    42  emissions  as  measured from the facility's baseline emissions of green-
    43  house gases.
    44    2. The plan shall include, at a minimum, the following:
    45    a. The number of days and hours the plant operated during each of  the
    46  previous five years;
    47    b.  The annual power output of the plant for each of the previous five
    48  years;
    49    c. The fuel or fuels utilized by the plant to generate power;
    50    d. The facility's annual emissions of greenhouse gases,  expressed  in
    51  tons of carbon dioxide equivalents;
    52    e.  The  verifiable  and  enforceable  operational  measures, emission
    53  controls or carbon offsets, or any  combination  thereof,  the  facility
    54  will  institute  or obtain in order to achieve a two-to-one reduction in
    55  greenhouse gas emissions on or before the  first  day  of  January,  two
    56  thousand  forty,  together  with an analysis of the reduction in tons of

        A. 3223                             4
 
     1  carbon dioxide equivalents for each such operational  measure,  emission
     2  control or carbon offset; and
     3    f.  The schedule for implementation of each of the measures identified
     4  in the plan.
     5    3. In order to meet the requirements of this section, a covered facil-
     6  ity granted a suspension or modification  may  utilize  carbon  offsets.
     7  Offsets shall be verifiable, enforceable and achievable.
     8    4.  Carbon  offsets  shall  include the greenhouse gas emission offset
     9  projects identified in subdivision 10 of section 75-0101 of  this  chap-
    10  ter;  carbon  dioxide removal by direct air capture; and the purchase of
    11  zero emission vehicles for bus fleets serving a school district or muni-
    12  cipality.
    13    5. For purposes of this section direct air capture shall mean a facil-
    14  ity, technology, or system that is powered by renewable energy and  that
    15  uses  carbon  capture  equipment to capture carbon dioxide directly from
    16  the air. The term direct air capture  does  not  include  any  facility,
    17  technology,  or system that captures carbon dioxide that is deliberately
    18  released from a naturally occurring subsurface spring  or  from  natural
    19  photosynthesis.
    20    6.  The  department's review of the carbon reduction plan shall comply
    21  with the procedures and requirements set forth  in  section  19-1307  of
    22  this title.
    23  § 19-1313. Regulations.
    24    The  department is authorized to promulgate such rules and regulations
    25  as may be necessary to implement the provisions of this title.
    26    § 3. Subdivision 3 of section 168 of the public service law, as  added
    27  by chapter 388 of the laws of 2011, is amended to read as follows:
    28    3. The board may not grant a certificate for the construction or oper-
    29  ation  of a major electric generating facility, either as proposed or as
    30  modified by the board, unless the board determines that:
    31    (a) the facility is a beneficial addition to or substitution  for  the
    32  electric generation capacity of the state; and
    33    (b)  the  construction  and  operation  of the facility will serve the
    34  public interest; and
    35    (c) the adverse environmental effects of the construction  and  opera-
    36  tion  of the facility will be minimized or avoided to the maximum extent
    37  practicable; and
    38    (d) if the board finds that the facility results in or contributes  to
    39  a  significant  and adverse disproportionate environmental impact in the
    40  community in which the facility would be  located,  the  applicant  will
    41  avoid,  offset  or  minimize the impacts caused by the facility upon the
    42  local community for the duration that the certificate is issued  to  the
    43  maximum extent practicable using verifiable measures; and
    44    (e)  the facility is designed to operate in compliance with applicable
    45  state and local laws and regulations issued thereunder concerning, among
    46  other matters, the environment, public health and safety, all  of  which
    47  shall be binding upon the applicant, except that the board may elect not
    48  to  apply,  in whole or in part, any local ordinance, law, resolution or
    49  other action or any regulation issued thereunder or any  local  standard
    50  or  requirement,  including,  but  not limited to, those relating to the
    51  interconnection to and use of water, electric, sewer, telecommunication,
    52  fuel and steam lines in public rights of way, which would  be  otherwise
    53  applicable  if  it finds that, as applied to the proposed facility, such
    54  is unreasonably burdensome in view of the  existing  technology  or  the
    55  needs  of  or  costs  to ratepayers whether located inside or outside of
    56  such municipality. The board shall provide the municipality an  opportu-

        A. 3223                             5
 
     1  nity  to present evidence in support of such ordinance, law, resolution,
     2  regulation or other local action issued thereunder[.]; and
     3    (f) the facility has received a written certification from the depart-
     4  ment  of  environmental  conservation pursuant to section 19-1307 of the
     5  environmental conservation law or has submitted a written  certification
     6  to  the  department  and  the  department  of environmental conservation
     7  pursuant to subdivision three of section 19-1305  of  the  environmental
     8  conservation law.
     9    § 4. This act shall take effect immediately.
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