Enacts the "fossil fuel facilities replacement and redevelopment blueprint act"; relates to the development of a blueprint to guide the replacement and redevelopment of New York's oldest and most-polluting fossil fuel facilities and their sites by 2030.
STATE OF NEW YORK
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9881--B
IN ASSEMBLY
April 19, 2022
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Energy -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT relating to the development of a blueprint to guide the replace-
ment and redevelopment of New York's oldest and most-polluting fossil
fuel facilities and their sites by 2030
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known as the "fossil fuel facilities
2 replacement and redevelopment blueprint act".
3 § 2. Legislative findings and statement of purpose. The legislature
4 hereby finds, determines and declares:
5 (a) New York state, especially New York city, is reliant on fossil
6 fuels for energy production, making the transition to renewable sources
7 for the downstate electricity system key to achieving the requirements
8 of section 4 of the New York state climate leadership and community
9 protection act, including that seventy percent of the state's electric-
10 ity be from renewable energy sources by the year 2030 and that one
11 hundred percent of the state's electricity be from zero-emission sources
12 by the year 2040. A particular challenge is the reliance on fossil fuel
13 generation facilities that only operate when electricity demand peaks
14 above the average usage.
15 (b) New York state is committed to the responsible replacement and
16 redevelopment of its fossil fuel power plants that currently ensure
17 resource adequacy in the state, especially in locations where the health
18 benefits to historically disadvantaged communities can be maximized, and
19 where the cost effective phasing-out of such facilities can be done
20 while helping to ensure a just transition for the existing workforce.
21 (c) A public policy purpose would be served and the interests of the
22 people of the state would be advanced by directing the New York state
23 energy research and development authority, in consultation with the
24 department of public service and department of environmental conserva-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14767-05-2
A. 9881--B 2
1 tion, to develop a study of strategies to facilitate the replacement and
2 redevelopment of New York's oldest and most-polluting fossil fuel facil-
3 ities and their sites by 2030, while ensuring resource adequacy, with
4 renewable energy systems as defined in paragraph (b) of subdivision 1 of
5 section 66-p of the public service law, energy storage systems, and
6 electricity transmission and distribution systems and equipment.
7 (d) It is the intent of the legislature in enacting this act to
8 empower the New York state energy research and development authority,
9 department of public service, and department of environmental conserva-
10 tion, to develop a study as described in subdivision (a) of section
11 three of this act, and for those entities and the public service commis-
12 sion, and any other agencies or authorities of the state as may be
13 required, to commence any proceedings or other initiatives necessary to
14 carry out the strategies described therein.
15 § 3. The New York state energy research and development authority is
16 authorized and directed to:
17 (a) develop a study of competitive options to facilitate the phase
18 out, replacement and redevelopment of New York state's oldest and most-
19 polluting fossil fuel facilities and their sites by the year 2030, with
20 renewable energy systems as defined in paragraph (b) of subdivision 1 of
21 section 66-p of the public service law, energy storage systems, and
22 electricity transmission and distribution systems and equipment, while
23 ensuring resource adequacy and other reliability services are main-
24 tained, and to do so in consultation with the department of public
25 service, department of environmental conservation, Long Island power
26 authority, and other relevant state agencies and authorities with
27 subject matter expertise, the federally designated electric bulk system
28 operator, the New York State Reliability Council, and the owners of such
29 facilities. The study should prioritize the replacement and redevelop-
30 ment of such fossil fuel facilities with facilities that will directly
31 assist in achieving the energy, environmental justice and emissions
32 reductions requirements of section 66-p of the public service law. The
33 study shall include recommendations of standards and requirements that:
34 (i) would significantly reduce the state's electricity system reliance
35 on fossil fuels, taking into account the requirements and timing of the
36 state's emission reduction programs;
37 (ii) would establish a competitive program to promote private sector
38 investment in eligible technologies that the public service commission
39 has determined, after notice and provision for the opportunity to
40 comment, ensure resource adequacy, while achieving the requirements of
41 section 66-p of the public service law;
42 (iii) would provide significant environmental, health and other bene-
43 fits to disadvantaged communities as such communities will be defined
44 under section 75-0111 of the environmental conservation law; and
45 (iv) would have significant potential for job creation and retention,
46 economic development, and just transition opportunities benefiting New
47 Yorkers and the state's workforce;
48 (b) provide public notice of the study and an opportunity for
49 public comment on the study of not less than sixty days and conduct at
50 least two public hearings on the study, with such public hearings
51 offering video participation and accessibility;
52 (c) address public comments and update the study, as appropriate,
53 especially to ensure resource adequacy and reliability services are
54 maintained; and
A. 9881--B 3
1 (d) deliver the study to the governor, temporary president of the
2 senate and speaker of the assembly within 180 days of the effective date
3 of this section.
4 § 4. The department of public service, department of environmental
5 conservation, and Long Island power authority are authorized and
6 directed to commence proceedings and stakeholder processes to establish
7 programs and other initiatives necessary to carry out the strategies,
8 programs, standards, and requirements described in the study referred to
9 in section three of this act within 60 days of delivery of the study to
10 the governor, temporary president of the senate and speaker of the
11 assembly.
12 § 5. The public service commission is authorized and directed to:
13 (a) commence a proceeding to implement the strategies, programs, stan-
14 dards, and requirements described in the study referred to in section
15 three of this act within 90 days of delivery of the study to the gover-
16 nor, temporary president of the senate and speaker of the assembly; and,
17 (b) issue an order regarding implementation of the strategies,
18 programs, standards, and requirements described in the study referred to
19 in section three of this act, including but not limited to any compet-
20 itive procurement processes, no later than July 30, 2023.
21 § 6. The Long Island power authority is authorized and directed to
22 establish a program in its service territory consistent with the author-
23 ization and direction of the public service commission in section five
24 of this act, and the objectives of this act.
25 § 7. This act shall take effect immediately.
