Add §66-u, Pub Serv L; add §19-0311, add §37-0123, En Con L
 
Relates to eliminating coal burning and coal use; provides that after December 31, 2024, the burning of coal is prohibited in a number of instances; provides certain exemptions.
STATE OF NEW YORK
________________________________________________________________________
1695
2023-2024 Regular Sessions
IN SENATE
January 13, 2023
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law and the environmental conserva-
tion law, in relation to eliminating coal burning and coal use
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public service law is amended by adding a new section
2 66-u to read as follows:
3 § 66-u. Coal burn and use prohibited. 1. The commission is authorized
4 and directed to develop rules and plans for the elimination of coal
5 burning and coal use which shall include requirements that beginning
6 after December thirty-first, two thousand twenty-four, the commission
7 shall not:
8 (a) approve any new or renewed power purchase agreement that proposes
9 to burn or consume coal to generate electricity; or
10 (b) issue or renew any permit to an owner or operator of a facility
11 which will burn or consume coal to generate electricity.
12 2. The burning of coal may be authorized where it is necessary for a
13 manufacturing use or purpose, in chemical products, for pharmaceutical
14 purposes, for agricultural purposes, in chemical products, for pharma-
15 ceutical purposes, for agricultural purposes, or for the operation of a
16 laboratory, crematorium, commercial kitchen, or where used for reliabil-
17 ity, emergency, back-up fuel or standby power, or other use allowed by
18 rule of the commission, to the extent necessary for, and in the space
19 occupied by such use or purpose.
20 3. Notwithstanding the provisions set forth in subdivision two of this
21 section, no facility shall be approved where the commission finds that
22 there will be significant, adverse and disproportionate environmental
23 impacts to disadvantaged communities resulting from the construction or
24 operation of a facility.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05728-01-3
S. 1695 2
1 § 2. Section 19-0311 of the environmental conservation law is amended
2 by adding a new subdivision 6 to read as follows:
3 6. a. Beginning after December thirty-first, two thousand twenty-four
4 the department shall not issue or renew certificates for any major coal
5 burning electric generating facility.
6 b. The burning of coal may be permitted where it is necessary for a
7 manufacturing use or purpose, in chemical products, for pharmaceutical
8 purposes, for agricultural purposes, or for the operation of a laborato-
9 ry, crematorium, commercial kitchen, or where used for reliability
10 needs, emergency, back-up fuel or standby power, or other use allowed by
11 rule of the department, to the extent necessary for, and in the space
12 occupied by such use or purpose.
13 c. Notwithstanding the provisions set forth in paragraph b of this
14 subdivision, no facility shall be approved where the department finds
15 that there will be significant, adverse and disproportionate environ-
16 mental impacts to disadvantaged communities resulting from the
17 construction or operation of a facility.
18 § 3. The environmental conservation law is amended by adding a new
19 section 37-0123 to read as follows:
20 § 37-0123. Prohibition against certain coal.
21 1. No person shall permit the burning of coal within any building.
22 2. No person shall sell or offer for sale bituminous coal that is
23 pre-packed.
24 3. No person shall sell or offer for sale loose coal directly to a
25 consumer.
26 4. No coal shall be used for the purpose of providing heating for any
27 building or facility in the state, unless provided an exemption pursuant
28 to subdivision five of this section.
29 5. The burning of coal may be authorized where it is necessary for a
30 manufacturing use or purpose, in chemical products, for pharmaceutical
31 purposes, for agriculture purposes, or for the operation of a laborato-
32 ry, crematorium, commercial kitchen, or where used for reliability,
33 emergency, back-up fuel or standby power, or other use allowed by rule
34 of the department, to the extent necessary for, and in the space occu-
35 pied by such use or purpose.
36 6. Notwithstanding the provisions set forth in subdivision five of
37 this section, no facility shall be approved where the department finds
38 that there will be significant, adverse and disproportionate environ-
39 mental impacts to disadvantaged communities resulting from the
40 construction or operation of a facility.
41 § 4. This act shall take effect immediately.