|SAME AS||SAME AS S05266|
|COSPNSR||Mosley, Rosenthal L, Walker, Steck, Lifton, Cook, Blake, Ortiz, D'Urso, Peoples-Stokes, Barron, Rivera, Seawright, Abinanti, Carroll, Quart, Williams, Dinowitz, Thiele, Gottfried, Glick, Hunter, Weprin, Reyes, Arroyo, Epstein, Jaffee, Hyndman, McDonough, Fernandez|
|MLTSPNSR||Davila, Galef, Hevesi, Lentol, Rodriguez, Sayegh, Simon|
|Amd §6-104, Energy L; add §54-1525, En Con L; add §83-b, St Fin L|
|Requires the establishment of a one hundred percent clean energy system by two thousand thirty; requires the adoption of a climate action plan; establishes the renewable energy revolving fund; and provides for legal standing to sue for enforcement of the state clean energy plan.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3565 SPONSOR: Colton (MS)
TITLE OF BILL: An act to amend the energy law, in relation to establishing a one hundred percent energy system by two thousand thirty; to amend the envi- ronmental conservation law, in relation to the adoption of a climate action plan; to amend the state finance law, in relation to establishing the renewable energy revolving fund; and to provide for legal standing to sue for enforcement of the state's clean energy plan   PURPOSE OR GENERAL IDEA OF BILL: To establish a goal of achieving a one hundred percent clean energy system by two thousand thirty, with net zero greenhouse gas emissions. Our state's continued use of fossil fuels, including coal, oil, and natural gas, is having devastating impacts on our climate and communi- ties, and our state's ongoing use of nuclear fuels continues to create immensely radioactive wastes that will be dangerous to future gener- ations for millennia. Transitioning to clean energy is fundamental to protecting our communities, particularly communities of color and lower income communities.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Subdivision 1 of section 6-104 of the energy law, as added by chapter 433 of the laws of 2009, is amended. Section 2. Subsection 1 of 6-104 establishes and details the plan, including the goal, definition of clean energy, the discontinuance of nuclear power and investments in fossil fuel infrastructure, requirement of details for set goals, establishes a goal of 100% new vehicles be zero emission by 2030, promotes regenerative agriculture, and other measures for meeting goals. Section 3. The environmental conservation law is amended by adding a new section 54-1525 related to the adoption of state climate action plan and climate action plans by local governments of more than 50,000; provide details as to how the plan shall be developed and implemented; provides for the development of programs to transition workers in the fossil fuels and nuclear industry; provides for grants for transitional job training; establishes a climate action council, including how membership is appointed; establishes state and regional renewable energy boards; requires utilities to submit compliance plans; establishes a state and local climate justice working groups. Section 4. Amends the state finance law by adding section 83-b related to a state renewable energy revolving fund. Section 5. Establishes enforcement and precedence. Section 6. The effective date.   JUSTIFICATION: Given the growing threat of global anthropogenic climate change and the impacts that current energy systems have in contributing to this issue, the state must take a stand in stopping our contribution to global anthropogenic climate change. This bill would allow for this by estab- lishing a goal of achieving a one hundred percent clean energy system by two thousand thirty, with zero net greenhouse emissions. Currently, over one hundred twenty groups have called for the requirement for New York State to transition to 100% clean energy by 2030, including the Green Education and Legal Fund and Food and Water Watch, amongst many organ- izations throughout the state. This bill builds upon the Jacobson wind, water and solar (WWS) study by Stanford and Cornell Professors, among others. The WWS study shows that it is feasible to achieve hundred percent clean renewable energy systems by two thousand thirty. It would also incorporate measures related to reduction in energy use, increased energy conservation, and improvements in energy efficiency.   PRIOR LEGISLATIVE HISTORY: Initial bill was introduced in 2015.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date upon which it shall become a law.
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STATE OF NEW YORK ________________________________________________________________________ 3565 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. COLTON, MOSLEY, L. ROSENTHAL, WALKER, STECK, LIFTON, COOK, BLAKE, ORTIZ, D'URSO, PEOPLES-STOKES, BARRON, RIVERA, SEAWRIGHT, ABINANTI, CARROLL, QUART, WILLIAMS, DINOWITZ, THIELE, GOTT- FRIED, GLICK, HUNTER, WEPRIN -- Multi-Sponsored by -- M. of A. DAVILA, EPSTEIN, GALEF, HYNDMAN, LENTOL, RODRIGUEZ, SIMON -- read once and referred to the Committee on Energy AN ACT to amend the energy law, in relation to establishing a one hundred percent energy system by two thousand thirty; to amend the environmental conservation law, in relation to the adoption of a climate action plan; to amend the state finance law, in relation to establishing the renewable energy revolving fund; and to provide for legal standing to sue for enforcement of the state's clean energy plan The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. New York state's continued use of 2 fossil fuels, including coal, oil, and natural gas, is having devastat- 3 ing impacts on our climate and communities. Our state's ongoing use of 4 nuclear fuels continues to create immensely radioactive wastes that will 5 be dangerous to future generations for millennia. It is in the best 6 interest of the people of New York to move the state into a clean energy 7 revolution, meeting 100 percent of our energy needs from clean, renewa- 8 ble sources by 2030. Transitioning to clean energy is fundamental to 9 protecting our communities, particularly communities of color and lower 10 income communities that are disproportionately affected by the worsening 11 air and water quality that results from the incineration of fossil 12 fuels. A transition to a 100 percent clean energy system will be 13 achieved in a way that protects displaced fossil fuel workers, impacted 14 communities, builds a stronger economy for everyone in the State, and 15 creates hundreds of thousands of new jobs, while at the same time elimi- 16 nating New York's contribution to the biggest environmental threat 17 facing our planet, climate change. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04435-01-9A. 3565 2 1 § 2. Subdivision 1 of section 6-104 of the energy law, as added by 2 chapter 433 of the laws of 2009, is amended to read as follows: 3 1. The board shall adopt a state energy plan in accordance with the 4 provisions of this article. 5 (a) The plan shall establish a goal of achieving a one hundred percent 6 clean energy system by two thousand thirty, with zero net greenhouse gas 7 emissions. As used in this section, "clean renewable energy" shall 8 include energy derived from solar, wind, geothermal, and tidal sources, 9 but does not include nuclear power, natural gas, biomass, or fossil 10 fuels. 11 (b) The plan shall not include any provisions for the continued use 12 past two thousand thirty of nuclear power. The state shall develop a 13 plan for the phase out of all nuclear plants by two thousand twenty-five 14 and replace such plants with sources of renewable energy. 15 (c) The plan shall not include provisions for the continued use of 16 biomass, including biogas from landfills, agricultural operations and 17 other sources of biogas, including methane. Instead, the state shall 18 develop a plan to phase out landfills and convert to a zero waste 19 disposal system and reduce greenhouse gas emissions in the animal agri- 20 cultural sector by promoting pasture-based, sustainable animal agricul- 21 tural systems and eliminating industrial style concentrated animal feed- 22 ing operations from operating in the state. 23 (d) The plan shall provide for the discontinuance of state investment 24 in, and the development of, infrastructure related to the distribution, 25 processing, storage, or extraction of fossil fuels. No state agency or 26 authority shall issue new permits for the construction or operation of 27 such facilities. 28 (e) The plan shall include, in two-year increments, detailed bench- 29 marks and steps needed to achieve the goal of a one hundred percent 30 clean renewable energy system by two thousand thirty. Interim goals for 31 one hundred percent clean energy shall be as follows: 32 (i) forty percent by two thousand twenty-two; and 33 (ii) seventy percent by two thousand twenty-seven. 34 (f) Any provisions of this chapter relating to fossil fuels, natural 35 gas, oil, coal, and petroleum products shall be controlling only for the 36 sole purpose of providing guidance on how to discontinue the use of such 37 fuels by two thousand thirty. 38 (g) The plan shall incorporate measures related to reduction in energy 39 use, increased energy conservation, and improvements in energy efficien- 40 cy; it shall also promote regenerative agriculture to help return carbon 41 to the soil. 42 (h) The plan shall require any new vehicles sold in the state to be 43 all-electric or otherwise no carbon emissions by two thousand twenty- 44 five. 45 (i) By two thousand twenty-two, any new structures constructed in the 46 state shall be net zero emission structures. The plan will include a 47 rapid transition to renewable heating and cooling provided by heat pumps 48 powered by renewable electricity. 49 (j) The provisions of this subdivision shall supersede any inconsist- 50 ent provisions of this section. 51 § 3. The environmental conservation law is amended by adding a new 52 section 54-1525 to read as follows: 53 § 54-1525. Climate action plan. 54 1. a. The department shall adopt a state climate action plan to imple- 55 ment the goals established in section 6-104 of the energy law. The plan 56 shall address all aspects of climate change, including mitigation, adap-A. 3565 3 1 tation, and resiliency, including impacts caused by agriculture, heating 2 and cooling, and transportation. The department shall release and publi- 3 cize on its website a draft plan no later than nine months after the 4 effective date of this section. Following the release of the draft plan, 5 the department shall conduct regional public hearings to obtain public 6 feedback on the draft plan. The final plan will be completed no later 7 than eighteen months after the effective date of this section. The 8 department shall release and publicize on its website the final plan. 9 b. Within one year after the release of the department's final climate 10 action plan, each state agency and public authority shall adopt regu- 11 lations consistent with and in furtherance of the goals of the climate 12 action plan, and shall develop an agency or authority climate action 13 plan, as appropriate, which shall be updated annually, to achieve such 14 goals for the agency's or authority's own internal operations as well as 15 for regulatory purposes and other actions under the purview of the agen- 16 cy or authority. 17 c. Within one year after the release of the department's final climate 18 action plan, each county government and each municipality representing 19 more than fifty thousand individuals shall adopt a community climate 20 action plan. Such plans shall support the development of community and 21 publicly owned renewable energy. The department shall establish a state- 22 wide environmental and climate justice task force to work with community 23 groups in impacted areas to assist in the development and implementation 24 of the community climate action plans, focusing on low-income communi- 25 ties and communities of color. 26 d. The climate action plans referred to in paragraphs b and c of this 27 subdivision shall incorporate goals of environmental justice and be 28 developed with meaningful input and analysis from environmental justice 29 organizations. 30 e. The department shall ensure that climate action plans developed 31 pursuant to paragraphs b and c of this subdivision achieve the state's 32 goal of one hundred percent renewable energy by two thousand thirty in a 33 manner that benefits the state's most disadvantaged communities and is 34 transparent and accountable to the public and the legislature. 35 2. a. The state climate action plan shall include provisions for a 36 just transition from current energy sources to clean renewable energy as 37 described in subdivision one of section 6-104 of the energy law. Such 38 provisions shall include providing training and ensuring comparable jobs 39 and wages to individuals presently working in the fossil fuel industry 40 and in the nuclear power industry. 41 b. The department, in conjunction with the New York state energy 42 research and development authority and the commissioner of labor, shall 43 develop programs to transition workers in the fossil fuel industry and 44 nuclear power industries into jobs in the renewable energy sector, 45 including job training programs, relocation assistance, higher educa- 46 tion, and temporary financial support to extend unemployment benefits. 47 Such programs shall also be open to workers previously employed in the 48 fossil fuel industry who are out of work due to reduction in demand for 49 jobs in that industry, or to people who live in communities that have 50 been disproportionately impacted by fossil fuels as determined by the 51 commissioner. Such programs shall be funded through the renewable energy 52 revolving fund, established by section eighty-three-b of the state 53 finance law. 54 c. The department, in conjunction with the New York state energy 55 research and development authority and the commissioner of labor, shall 56 develop criteria for grants and low-interest loans to support the gener-A. 3565 4 1 ation of renewable energy and job training programs in the renewable 2 energy sector, with priority given to projects in low-income communi- 3 ties, communities of color, immigrant communities and communities 4 disproportionately impacted by fossil fuel development. 5 3. a. A state climate action council shall be established within the 6 department for the purpose of providing recommendations to the depart- 7 ment and relevant state agencies and public authorities regarding the 8 development, adoption, and implementation of the state climate action 9 plan and the agency and authority climate action plans. 10 b. The climate action council shall: 11 (i) prepare annual budget requests for climate action measures to be 12 included in the proposed state budget; 13 (ii) propose needed state legislation and agency and public authority 14 regulations. If such regulations or laws are rejected, a written expla- 15 nation justifying such rejection shall be provided by the relevant 16 acting body along with possible alternative approaches; and 17 (iii) recommend the overturning of any state regulations adopted after 18 the state climate action plan and the agency and public authority plans 19 that are inconsistent with the state climate action plan. 20 c. The climate action council shall consist of the following members: 21 (i) the commissioner; 22 (ii) the commissioner of agriculture and markets; 23 (iii) the commissioner of economic development; 24 (iv) the commissioner of housing and community renewal; 25 (v) the commissioner of transportation; 26 (vi) the chair of the public service commission; 27 (vii) the chair of the metropolitan transportation authority; 28 (viii) the president of the New York state energy research and devel- 29 opment authority; 30 (ix) the president of the Long Island power authority; 31 (x) the president of the power authority of the state of New York; 32 (xi) the president of the dormitory authority of the state of New 33 York; 34 (xii) the secretary of state; 35 (xiii) the director of the budget; 36 (xiv) the director of state operations; and 37 (xv) the counsel to the governor. 38 d. Additional appointments shall be made by the governor and leaders 39 of the state legislature to represent the renewable energy industry, 40 businesses, farmers, health professionals, small business, and academ- 41 ics. At least one-third of the members shall represent community groups, 42 labor unions, environmental justice organizations, and climate advocacy 43 groups. The temporary president of the senate and the speaker of the 44 assembly shall each appoint two members, and the minority leaders of the 45 senate and the assembly shall each appoint one member. 46 e. The climate action council shall meet at least quarterly. Each 47 state agency and public authority shall provide the council with quar- 48 terly updates of the measures taken by the agency or authority to reduce 49 greenhouse gas emissions and promote one hundred percent clean renewable 50 energy. 51 f. The council shall submit an annual report to the legislature as to 52 its progress in achieving its goals. The assembly and the senate will 53 hold a joint public hearing to review the report and to provide an 54 opportunity for public input. 55 4. a. The department shall establish a state renewable energy board 56 and regional renewable energy boards under the climate action councilA. 3565 5 1 and shall appoint members thereto based upon recommendations by the 2 climate action council. The state and regional boards shall be comprised 3 of membership from organizations that represent environmental justice 4 communities, labor unions, environmental organizations, academics know- 5 ledgeable about energy systems, consumer organizations, utilities, and 6 businesses. The boards will be responsible for approving utilities' 7 clean energy compliance plans and approving and allocating funds from 8 the state renewable energy revolving fund established by section eight- 9 y-three-b of the state finance law. 10 b. Within one year of the effective date of this section, each utility 11 subject to the provisions of the public service law shall submit plans 12 detailing the utility's plans to comply with the goals established in 13 section 6-104 of the energy law for approval to the state renewable 14 energy board. Each utility shall submit annual reports documenting its 15 progress towards meeting the goals, and any proposed amendments to its 16 plan. If a utility fails to meet the clean energy benchmarks established 17 in section 6-104 of the energy law, it shall submit an updated plan that 18 documents how the utility will come into compliance with the benchmarks 19 the following year. 20 c. Any utility failing to comply with the provisions of paragraph b of 21 this subdivision shall be fined an amount that is two times the marginal 22 cost difference between the highest priced fossil fuel they are burning 23 and the lowest cost renewable energy per kilowatt hour. Fines collected 24 from violations shall be deposited into the state renewable energy 25 revolving fund established by section eighty-three-b of the state 26 finance law and used to develop renewable energy generation, energy 27 efficiency, and job training programs in the communities where fossil 28 fuels continue to be utilized for energy. No fines collected for these 29 violations shall be passed through to ratepayers. 30 d. Onsite and community renewable energy shall be credited at the 31 retail rate of electricity for energy generated up to one hundred twenty 32 percent of energy consumption at the time of installation, taken as an 33 average of annual usage for the past five years. Energy generated beyond 34 one hundred twenty percent shall be reimbursed at the wholesale rate. In 35 months where energy generation exceeds usage, the difference shall be 36 credited to the electric bill, and at the end of the year, excess owed 37 to the electric customer shall be paid to the customer. Any utility that 38 captures energy generated in excess of one hundred twenty percent shall 39 deposit an amount equal to the retail price of electricity for the 40 amount generated into the state renewable energy revolving fund estab- 41 lished by section eighty-three-b of the state finance law. 42 5. a. The commissioner shall appoint a statewide climate justice work- 43 ing group for the following purposes: 44 (i) to evaluate the climate action plans developed by each state agen- 45 cy and public authority and to advise the department on an on going 46 basis as to progress made by respective agencies and public authorities; 47 (ii) to consult with the department of public service and the public 48 service commission to assess the progress made by utilities subject to 49 the provisions of the public service law in coming into compliance with 50 the state energy plan mandated by subdivision one of section 6-104 of 51 the energy law and to advise the department on an on-going basis as to 52 progress made by such utilities; and 53 (iii) to advise the department regarding measures to expand access to 54 renewable energy in low-income and immigrant communities in ways that 55 advance environmental, climate, economic, and racial justice interests.A. 3565 6 1 b. The state climate justice working group shall be empowered to 2 request and receive reports and other relevant information from agen- 3 cies, public authorities, the department of public service and the 4 public service commission, utilities subject to the provisions of the 5 public service law, and other entities necessary to evaluate and advise 6 the department on plans and progress towards the transition to one 7 hundred percent renewable energy. All state agencies, authorities, 8 commissions and departments shall cooperate with the state climate 9 justice working group in fulfilling its mandate. 10 c. The state climate justice working group shall be comprised of thir- 11 teen members who are residents of low-income communities or environ- 12 mental justice communities. Members shall serve for no more than three 13 four-year terms each as follows: 14 (i) five members shall be representatives of community-based organiza- 15 tions that advise or assist minority and low-income communities on envi- 16 ronmental matters; 17 (ii) four members shall be representatives of businesses involved with 18 energy, heating and cooling, transportation and agriculture; 19 (iii) two members shall be representatives of environmental conserva- 20 tion offices of local government; 21 (iv) two members shall be representatives of state or national organ- 22 izations promoting environmental conservation, researchers, educators 23 and members of the general public; and 24 (v) three of such members shall be nominated by the governor; two of 25 such members shall be nominated by the temporary president of the 26 senate; two members shall be nominated by the speaker of the assembly; 27 two members shall be nominated by the chairs of the senate environmental 28 conservation and energy and telecommunications committees; and two 29 members shall be nominated by the chairs of the assembly environmental 30 conservation and energy committees. 31 d. The department shall include the costs of administrating and 32 resourcing the climate justice working group in its annual budget 33 requests to the legislature. In any given year that the legislature 34 fails to approve adequate funding for the climate justice working group 35 as a distinct line item, the department shall fund the operations of the 36 climate justice working group through re-allocation of its approved 37 administrative budget. 38 6. a. Each county government and each municipality representing more 39 than fifty thousand individuals shall create a local climate justice 40 working group to evaluate the performance of the county or municipality 41 in expanding access to renewable energy and to advancing environmental, 42 climate, economic and racial justice. 43 b. Each local climate justice working group shall: 44 (i) issue recommendations on local plans to further the objectives of 45 the state climate action plan and implementation of these plans to 46 achieve one hundred percent clean renewable energy; and 47 (ii) offer endorsements or rejections of plans and reports, and offer 48 specific analysis of the plans' impacts on expanding access to renewable 49 energy and advancing environmental, climate, economic and racial 50 justice. 51 c. Each local climate justice working group shall be comprised of 52 residents of low-income communities and environmental justice communi- 53 ties. Members shall be appointed by local government consistent with 54 rules adopted by such local government. Members shall number at least 55 eight and no more than twelve individuals. Members shall serve for no 56 more than three four-year terms each.A. 3565 7 1 d. Each local climate justice working group shall be empowered to 2 receive reports and other relevant information from companies, utili- 3 ties, and other entities necessary to develop recommendations on the 4 plans and their implementation. 5 e. The department shall include the costs of administrating and 6 resourcing the local climate justice working groups in its annual budget 7 requests to the legislature. In any given year that the legislature 8 fails to approve funding for the local climate justice working groups as 9 a distinct line item, the department shall fund the operations of the 10 local climate justice working groups through re-allocation of its 11 approved administrative budget. 12 § 4. The state finance law is amended by adding a new section 83-b to 13 read as follows: 14 § 83-b. State renewable energy revolving fund. 1. There is hereby 15 established in the joint custody of the comptroller and the commissioner 16 of taxation and finance a special fund to be known as the "state renewa- 17 ble energy revolving fund". 18 2. The fund shall consist of moneys appropriated thereto, fines 19 collected pursuant to paragraph c of subdivision four of section 54-1525 20 of the environmental conservation law, and funds transferred from any 21 other fund or source. 22 3. The comptroller shall establish the following separate and distinct 23 accounts within the renewable energy revolving fund: 24 a. the loan fund, which shall fund grants and low-interest loans to 25 support the generation of renewable energy and job training programs in 26 the renewable energy sector pursuant to paragraph c of subdivision two 27 of section 54-1525 of the environmental conservation law; 28 b. the training account, which will fund training programs and other 29 benefits for displaced workers pursuant to paragraph b of subdivision 30 two of section 54-1525 of the environmental conservation law; and 31 c. the localities assistance account, which shall reimburse localities 32 for any revenue loss occurring from the shutdown of fossil fuel or 33 nuclear power plants. Such account shall also be used to provide 34 payments in lieu to taxes related to the siting of any renewable energy 35 facilities or projects. 36 4. Priority in distribution among the accounts specified in subdivi- 37 sion three of this section shall be given to the training account. 38 Moneys allotted to such account shall be sufficient to ensure that every 39 displaced fossil fuel worker and nuclear power worker in the state 40 receives the opportunity to transition into jobs in the renewable energy 41 sector. 42 5. Revenues in the renewable energy revolving fund shall be kept sepa- 43 rate and shall not be commingled with any other moneys in the custody of 44 the comptroller. All deposits of such revenues shall, if required by the 45 comptroller, be secured by obligations of the United States or of the 46 state having a market value equal at all times to the amount of such 47 deposits and all banks and trust companies are authorized to give secu- 48 rity for such deposits. Any such revenues in such fund may, upon the 49 discretion of the comptroller, be invested in obligations in which the 50 comptroller is authorized to invest pursuant to section ninety-eight-a 51 of this article. 52 6. All payments of moneys from the loan account of the fund shall be 53 made on the audit and warrant of the comptroller. All payments from the 54 training account of the fund shall be made on the audit and warrant of 55 the commissioner of labor.A. 3565 8 1 § 5. a. The attorney general is hereby authorized to commence an 2 action or special proceeding in any court of competent jurisdiction in 3 the state in the name of the people of the state to enforce the 4 provisions of this act, recover any fine or penalty due pursuant to 5 section 54-1525 of the environmental conservation law, or for injunctive 6 relief to compel compliance with the provisions of this act. All moneys 7 recovered in any such action or special proceeding, together with the 8 costs thereof shall be paid into the state treasury to the credit of the 9 state renewable energy revolving fund established by section 83-b of the 10 state finance law. 11 b. Notwithstanding any law, rule or regulation to the contrary, any 12 resident of the state of New York, over the age of twenty-one, shall 13 have legal standing to sue to ensure satisfaction of the provisions of 14 this act. 15 § 6. This act shall take effect on the first of January next succeed- 16 ing the date upon which it shall have become a law.