Add 66-u & 168-a, amd 168, Pub Serv L; add 1020-mm & 1874, Pub Auth L; amd 19-0301, En Con L
Enacts the "coal to gas plant conversion and redevelopment blueprint act"; requires the development of a blueprint to guide the replacement and redevelopment of New York's coal burning facilities and their sites by 2030.
STATE OF NEW YORK
________________________________________________________________________
9587
IN SENATE
October 28, 2022
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public service law, the public authorities law and
the environmental conservation law, in relation to enacting the "coal
to gas plant conversion and redevelopment blueprint act"
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 and may be cited as the "coal to
2 gas plant conversion and redevelopment blueprint act".
3 § 2. The public service law is amended by adding a new section 66-u to
4 read as follows:
5 § 66-u. Coal to gas plant conversion and redevelopment. 1. The New
6 York state energy research and development authority is hereby author-
7 ized and directed to:
8 (a) conduct a study of competitive options to facilitate the phase
9 out, replacement and redevelopment of the state's coal burning facili-
10 ties and their sites by the year two thousand thirty, with gas facili-
11 ties, and the appropriate transmission and distribution systems and
12 equipment, if necessary, while ensuring resource adequacy and other
13 reliability services are maintained, and to do so in consultation with
14 the department, the department of environmental conservation, the Long
15 Island power authority, and other relevant agencies, authorities and
16 entities with subject matter expertise, including but not limited to the
17 federally designated electric bulk system operator, the New York State
18 Reliability Council, and the owners of such facilities. Such study shall
19 prioritize the replacement and redevelopment of such coal burning facil-
20 ities with gas facilities that will directly assist in achieving the
21 energy, environmental justice and emissions reductions requirements of
22 section sixty-six-p of this article. The study shall include recommenda-
23 tions of standards and requirements that:
24 (i) would significantly reduce the state's electricity system reliance
25 on fossil fuels, taking into account the requirements and timing of the
26 state's emission reduction programs;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16471-02-2
S. 9587 2
1 (ii) would establish a competitive program to promote private sector
2 investment in eligible technologies that the public service commission
3 has determined, after notice and provision for the opportunity to
4 comment, ensure resource adequacy, while achieving the requirements of
5 section sixty-six-p of this article;
6 (iii) would provide significant environmental, health and other bene-
7 fits to disadvantaged communities as defined in section 75-0111 of the
8 environmental conservation law; and
9 (iv) would have significant potential for job creation and retention,
10 economic development, and just transition opportunities benefiting New
11 Yorkers and the state's workforce;
12 (b) receive and utilize new operating plans to convert coal burning
13 plants to gas plants;
14 (c) provide public notice of the study and an opportunity for public
15 comment on the study of not less than sixty days and conduct at least
16 two public hearings on the study, with such public hearings offering
17 video participation and accessibility;
18 (d) address public comments and update the study, as appropriate,
19 especially to ensure resource adequacy and reliability services are
20 maintained; and
21 (e) deliver the study to the governor, temporary president of the
22 senate and speaker of the assembly within one hundred eighty days of the
23 effective date of this section.
24 2. The department, the department of environmental conservation, and
25 the Long Island power authority are hereby authorized and directed to
26 commence proceedings and stakeholder processes to establish programs and
27 other initiatives necessary to carry out the strategies, programs, stan-
28 dards, and requirements described in the study referred to in subdivi-
29 sion one of this section within sixty days of delivery of such study to
30 the governor, temporary president of the senate and speaker of the
31 assembly.
32 3. The commission is hereby authorized and directed to:
33 (a) commence a proceeding to implement the strategies, programs, stan-
34 dards, and requirements described in the study referred to in subdivi-
35 sion one of this section within ninety days of delivery of the study to
36 the governor, temporary president of the senate and speaker of the
37 assembly; and
38 (b) issue an order regarding implementation of the strategies,
39 programs, standards, and requirements described in the study referred to
40 in subdivision one of this section, including but not limited to any
41 competitive procurement processes, no later than July thirtieth, two
42 thousand twenty-four.
43 4. Notwithstanding any contrary provision of law, rule or regulation,
44 beginning on the effective date of this section and thereafter, no
45 approval shall be granted for any major electric generating facility or
46 project that is proposed to be powered in whole or in part by coal.
47 5. The Long Island power authority is hereby authorized and directed
48 to establish a program in its service territory consistent with the
49 authorization and direction of the commission in accordance with this
50 section and section one thousand twenty-mm of the public authorities
51 law.
52 6. The department may establish a fund and funding system, providing
53 for grants, loans and incentives to aid in the operating plans to
54 convert coal burning plants to gas plants.
55 § 3. The public service law is amended by adding a new section 168-a
56 to read as follows:
S. 9587 3
1 § 168-a. Board decisions; coal burning facilities. Notwithstanding any
2 contrary provision of section one hundred sixty-eight of this article,
3 or any other contrary provision of this chapter or any other law, rule
4 or regulation, beginning on the effective date of this section and ther-
5 eafter, no certificate or amendment thereof for the construction or
6 operation of a facility subject to the provisions of this article,
7 either as proposed or as modified, shall be granted by the board for any
8 facility that is powered or proposed to be powered in whole or in part
9 by coal.
10 § 4. Section 168 of the public service law is amended by adding a new
11 subdivision 8 to read as follows:
12 8. Notwithstanding any contrary provision of this section, or any
13 other contrary provision of this chapter or any other law, rule or regu-
14 lation, beginning on the effective date of this subdivision and there-
15 after no certificate or amendment thereof for the construction or opera-
16 tion of any facility subject to the provisions of this article, either
17 as proposed or as modified, shall be granted by the board for any such
18 facility that is powered or proposed to be powered in whole or in part
19 by coal.
20 § 5. The public authorities law is amended by adding a new section
21 1020-mm to read as follows:
22 § 1020-mm. Coal to gas plant conversion and redevelopment. 1. The
23 authority, the department of public service and the department of envi-
24 ronmental conservation are hereby authorized and directed to commence
25 proceedings and stakeholder processes to establish programs and other
26 initiatives necessary to carry out the strategies, programs, standards,
27 and requirements described in the coal to gas plant conversion and rede-
28 velopment study required pursuant to section sixty-six-u of the public
29 service law no later than sixty days following the delivery of such
30 study to the governor, temporary president of the senate and speaker of
31 the assembly pursuant to paragraph (e) of subdivision one of section
32 sixty-six-u of the public service law.
33 2. The authority shall establish a program in its service territory
34 consistent with the authorization and direction of the public service
35 commission in accordance with subdivisions three and five of section
36 sixty-six-u of the public service law.
37 § 6. The public authorities law is amended by adding a new section
38 1874 to read as follows:
39 § 1874. Coal to gas plant conversion and redevelopment. The authority
40 shall, in consultation with the department of public service, the
41 department of environmental conservation, the Long Island power authori-
42 ty and other relevant state agencies and authorities with subject matter
43 expertise, conduct a study of competitive options to facilitate the
44 phase out, replacement and redevelopment of coal burning facilities and
45 their sites into gas plants by the year two thousand thirty and shall
46 deliver a report of its findings thereon to the governor, temporary
47 president of the senate and speaker of the assembly in accordance with
48 all applicable provisions of section sixty-six-u of the public service
49 law.
50 § 7. Section 19-0301 of the environmental conservation law is amended
51 by adding a new subdivision 6 to read as follows:
52 6. The department, the department of public service and the Long
53 Island power authority are hereby directed to commence proceedings and
54 stakeholder processes to establish programs and other initiatives neces-
55 sary to carry out the strategies, programs, standards, and requirements
56 described in the coal to gas plant conversion and redevelopment study
S. 9587 4
1 conducted pursuant to subdivision one of section sixty-six-u of the
2 public service law no later than sixty days following the delivery of
3 such study to the governor, temporary president of the senate and speak-
4 er of the assembly pursuant to paragraph (e) of subdivision one of
5 section sixty-six-u of the public service law.
6 § 8. This act shall take effect immediately.
