NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9068B
SPONSOR: Jaffee
 
TITLE OF BILL: An act in relation to mandating a study of energy-ef-
ficient and sustainable forms of power to replace power generated by
Indian Point units 2 and 3
 
PURPOSE OR GENERAL IDEA OF BILL: To evaluate existing and potential
sources of energy in the event that Indian Point 2 and 3 should not be
able to provide power at some future date. Such an evaluation will exam-
ine the energy resourced and the most energy efficient and sustainable
forms of power available in the event replacement power is necessary.
 
SUMMARY OF SPECIFIC PROVISIONS: : Section 1. Legislative Intent and
Findings.
Section 2. Amends Section 6-108 of the energy law by adding a new subdi-
vision 4 which mandates the board to conduct an additional study to
evaluate the potential impact of closure and discontinuation of oper-
ations of Indian Point Energy Centers 2 and 3. The study mush include,
at a minimum, an assessment of each of the following: (a) an examination
of strategies to replace energy otherwise produced by Indian Point; (b)
the potential economic impacts, including but not limited to state and
local tax revenues and employment directly and indirectly associated
with the facility; (c) a plan for workforce redeployment; and (d) the
potential environmental impacts.
Section 3. The board must issue the report required in section two no
later than March 31, 2013. Copies of the report must be provided to the
Governor, Temporary President of the Senate, the Speaker of the Assem-
bly, the Chair of the Senate Committee on Energy and Telecommunications
and the Chair of the Assembly Committee on Energy.
Section 4. Effective date.
 
JUSTIFICATION: There has been widespread discussion, most recently,
and on the record, at a joint hearing of the Assembly Energy and Corpo-
rations, Authorities, and Commissions Committees to evaluate how the
2000 kilowatts of electricity delivered by Indian Point 2 and 3 could be
replaced were the plants to cease functioning. There are a number of
scenarios under which decommissioning could occur. It is not the intent
of this bill to speculate regarding any of those eventualities; this
bill would only offer data that could inform leaders, the local power
providers, and the public on the best available means of replacement
energy. This would not be limited to energy sources but include delivery
pathways as well.
Without such a plan, a any closure, precipitous or otherwise, could
leave the Hudson Valley and New York City area without a plan for
provision of sufficient power. It should be noted that Indian Point 2
and 3 have sustained numerous closures without resulting in power short-
ages to consumers, however those closures have been relatively short-
term. Testimony at the January 12, 2012 hearing indicated that a number
of viable alternatives exist to replace power generated by Indian Point
2 and 3.
 
PRIOR LEGISLATIVE HISTORY: none
 
FISCAL IMPLICATIONS: Transferring power from one provider to another
will not result in any expense to the State of New York.
 
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9068--B
IN ASSEMBLY
January 20, 2012
___________
Introduced by M. of A. JAFFEE, N. RIVERA, P. RIVERA, COLTON, MONTESANO,
BOYLAND, ENGLEBRIGHT, KAVANAGH, ROBERTS, HOOPER, ABINANTI -- Multi-
Sponsored by -- M. of A. BRENNAN, COOK, GLICK, GOODELL, LIFTON,
LINARES, ORTIZ, PAULIN, REILLY, ROBINSON -- read once and referred to
the Committee on Energy -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Ways and Means -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT in relation to mandating a study of energy-efficient and sustain-
able forms of power to replace power generated by Indian Point units 2
and 3
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent and findings. The legislature hereby
2 acknowledges the uncertainty of future operations of the Indian Point
3 Energy Center in Buchanan, Westchester County, pending unresolved
4 issues, including New York state's issuance of a state pollutant
5 discharge elimination system permit pursuant to article 17 of the envi-
6 ronmental conservation law and a water quality certificate pursuant to
7 section four hundred one of the federal Clean Water Act and a reactor
8 license renewal by the federal Nuclear Regulatory Commission. Due to the
9 uncertainty over the continued operation of Indian Point Energy Center's
10 reactors (IPEC 2 and IPEC 3) beyond 2013 and 2015 respectively, the
11 legislature declares the need for a comprehensive plan in the event the
12 facility is retired. The legislature further declares that the state
13 energy planning board, ("the board") established pursuant to article 6
14 of the energy law should be responsible for such study.
15 § 2. 1. In addition to the study required under subdivision 1 of
16 section 6-108 of the energy law, the board shall undertake a separate
17 study to evaluate the potential impact of the closure and discontinua-
18 tion of operations by IPEC 2 and IPEC 3. Such study shall include, at a
19 minimum, an assessment of each of the following: (a) an examination of
20 strategies to replace energy otherwise produced by Indian Point Energy
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13853-09-2
A. 9068--B 2
1 Center. The assessment shall examine: (i) additional installed electric
2 generating capacity; (ii) distributed electric generation, especially
3 generation using renewable or innovative energy resources; (iii) intra-
4 state electric transmission system upgrades; (iv) demand response, ener-
5 gy conservation and efficiency; and (v) energy storage technologies
6 energy efficiency measures.
7 (b) the potential economic impacts, including but limited to state and
8 local tax revenues and employment directly and indirectly associated
9 with the facility. The assessment shall examine: (i) the municipalities
10 where the facility is located; (ii) the downstate region, as defined in
11 subdivision 2 of section 6-102 of the energy law; and (iii) New York
12 state.
13 (c) a plan for workforce redeployment.
14 (d) the potential environmental impacts. The assessment shall include:
15 (i) a site remediation plan; (ii) a plan for the removal, transportation
16 and disposal of nuclear waste stored at the site; and (iii) the imple-
17 mentation costs associated with the site remediation and nuclear waste
18 removal, transportation and disposal plans.
19 2. The board and any contractors it may retain for such purposes shall
20 consult with entities that have resources and expertise to assist in
21 such study, including, but not limited to, the BSO, federal agencies,
22 departments and commissions, public utilities, municipalities in the
23 region the facility is located and any other electric company or trade
24 organizations.
25 § 3. The board shall issue the report required in section two of this
26 act no later than March 31, 2013. Copies of such report shall be
27 provided to the governor, the temporary president of the senate, the
28 speaker of the assembly, the chair of the senate committee on energy and
29 telecommunications and the chair of the assembly committee on energy.
30 § 4. This act shall take effect immediately.