Authorizes and directs the energy research and development authority, the public service commission and NYPA to conduct a study to determine the possibility of closing certain peaker plants.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9003
SPONSOR: Gallagher TITLE OF BILL:
An act in relation to authorizing and directing the New York state ener-
gy research and development authority, the public service commission and
the New York power authority to conduct a study to determine the possi-
bility of closing the peaker plant electric generating facilities in
Brooklyn, NY; Brentwood, NY; Astoria, NY and providing for the repeal of
such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes and directs the public service commission and the energy
research and development authority to conduct a study to determine the
possibility of closing a Peaker plant in Brooklyn, NY.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Legislative findings and intent
Section 2: Defines "Peaker plant electric generating facility," "disad-
vantaged communities," "renewable energy," and "renewable energy
systems" for the purpose of this act.
"Peaker plant electric generating facility" means a major electric
generating facility with a nameplate capacity of twenty-five thousand
kilowatts or more (as defined in paragraph b of subdivision one of
section 19-0312) and burns coal, oil, diesel, or natural gas and was
operational and generated electricity less than fifteen percent of the
year during a least two years between 2014 and 2024.
"Disdained communities" are areas burdened by cumulative environmental
pollution and other hazards that can have negative public health
effects.
"Renewable energy" and "Renewable Energy systems" (will have the same
definitions outlined in section 66-p of the public service law) means
systems that generate electricity or thermal energy through use of the
following technologies: solar, thermal, photovoltaics, on land and
offshore wind, hydroelectric, geothermal electric, geothermal electric,
geothermal ground source heat, tidal energy, wave energy, ocean thermal,
and fuel cells which do not utilize a fossil fuel resource in the proc-
ess of generating electricity.
Section 3: The Public Service Commission, in conjunction with the New
York State Energy Research and Development Authority (NYSERDA), is
charged with conducting a study to assess the closing of the Peaker
plant located at North 1st and Grant 47-79 River, Brooklyn, NY 112211,
and its impact on the surrounding communities.
The study will include the following---
(a) The change in electricity wholesale prices, delivery rates, and
total bills that energy consumers in this state will pay, including
indirect energy costs.
(b) Identify other energy plants that can compensate for the plant's
share of the energy grid.
(c) Impact of renewable energy systems on the reliabilities of the elec-
tric system in the state including, but not limited to, how to maintain
reliability when solar and wind resources are not generating requisite
power.
(d) Propose a strategy to replace the plant with renewable energy
systems.
(e) Energy systems that would maintain reliable energy output during the
transition period.
(f) Impact such transition would have on disadvantaged communities.
(g) Impact on the labor force.
(h) Impact on existing collective bargaining agreements and the transfer
of future duties of employed workers.
Section 4: Gives the authority to PSC and NYSERDA to conduct any hear-
ings or take any written testimony needed to aid the study.
Section 5: Requires PSC and NYSERDA to issue a final report after the
effective date of this act to the governor, speaker of the assembly, and
temporary president of the senate, and chairs of the assembly committee
on energy and senate committee on energy and telecommunications and post
a copy of such report on its website.
JUSTIFICATION:
The Climate Leadership and Community Protection Act and Scoping Plan
require all fossil fuel power plants throughout the state to be decom-
missioned by 2050.
The proposed study is crucial for enabling a fair and sustainable tran-
sition from fossil fuel-based Peaker plants to a cleaner and more resil-
ient energy infrastructure in northern Brooklyn.
Peaker plants are high-emission facilities that operate infrequently but
produce significant environmental and health burdens due to their reli-
ance on coal, oil, diesel, or natural gas. These plants are often situ-
ated in or near disadvantaged communities-areas that are already dispro-
portionately affected by cumulative pollution and other environmental
hazards. The ongoing operation of these plants undermines public health,
perpetuates environmental injustice, and contributes to climate change.
While closing these facilities poses challenges, it also presents oppor-
tunities. It is essential to evaluate how such closures impact electric-
ity prices, grid reliability, and service continuity-particularly during
peak demand periods when Peaker plants are most frequently utilized.
Especially during peak demand periods when Peaker plants are most often
deployed.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately and be deemed repealed 2 years
after such date.
