|SAME AS||SAME AS S05908-A|
|COSPNSR||Mosley, Rosenthal L, Walker, Skartados, Steck, Lifton, Cook, Blake, Ortiz, D'Urso, Peoples-Stokes, Barron, Rivera, Seawright, Abinanti, Carroll, Quart, Williams, Dinowitz, Thiele, Gottfried, Pellegrino, Glick, Hunter, Weprin|
|MLTSPNSR||Davila, Epstein, Galef, Hooper, Hyndman, Lentol, Rodriguez, 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: A5105A SPONSOR: Colton (MS)
TITLE OF BILL: An act to amend the energy law, in relation to estab- lishing 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   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 effec- tive 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 organizations 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 ________________________________________________________________________ 5105--A 2017-2018 Regular Sessions IN ASSEMBLY February 6, 2017 ___________ Introduced by M. of A. COLTON, MOSLEY, L. ROSENTHAL, WALKER, SKARTADOS, STECK, LIFTON, COOK, BLAKE, ORTIZ, D'URSO, PEOPLES-STOKES, BARRON, RIVERA, HARRIS, SEAWRIGHT, ABINANTI, CARROLL, QUART, WILLIAMS, DINOW- ITZ, THIELE, GOTTFRIED, PELLEGRINO, GLICK -- Multi-Sponsored by -- M. of A. HOOPER, LENTOL, RODRIGUEZ, SIMON -- read once and referred to the Committee on Energy -- recommitted to the Committee on Energy in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04918-03-8A. 5105--A 2 1 creates hundreds of thousands of new jobs, while at the same time elimi- 2 nating New York's contribution to the biggest environmental threat 3 facing our planet, climate change. 4 § 2. Subdivision 1 of section 6-104 of the energy law, as added by 5 chapter 433 of the laws of 2009, is amended to read as follows: 6 1. The board shall adopt a state energy plan in accordance with the 7 provisions of this article. 8 (a) The plan shall establish a goal of achieving a one hundred percent 9 clean energy system by two thousand thirty, with zero net greenhouse gas 10 emissions. As used in this section, "clean renewable energy" shall 11 include energy derived from solar, wind, geothermal, and tidal sources, 12 but does not include nuclear power, natural gas, biomass, or fossil 13 fuels. 14 (b) The plan shall not include any provisions for the continued use 15 past two thousand thirty of nuclear power. The state shall develop a 16 plan for the phase out of all nuclear plants by two thousand twenty-five 17 and replace such plants with sources of renewable energy. 18 (c) The plan shall not include provisions for the continued use of 19 biomass, including biogas from landfills, agricultural operations and 20 other sources of biogas, including methane. Instead, the state shall 21 develop a plan to phase out landfills and convert to a zero waste 22 disposal system and reduce greenhouse gas emissions in the animal agri- 23 cultural sector by promoting pasture-based, sustainable animal agricul- 24 tural systems and eliminating industrial style concentrated animal feed- 25 ing operations from operating in the state. 26 (d) The plan shall provide for the discontinuance of state investment 27 in, and the development of, infrastructure related to the distribution, 28 processing, storage, or extraction of fossil fuels. No state agency or 29 authority shall issue new permits for the construction or operation of 30 such facilities. 31 (e) The plan shall include, in two-year increments, detailed bench- 32 marks and steps needed to achieve the goal of a one hundred percent 33 clean renewable energy system by two thousand thirty. Interim goals for 34 one hundred percent clean energy shall be as follows: 35 (i) forty percent by two thousand twenty; and 36 (ii) seventy percent by two thousand twenty-five. 37 (f) Any provisions of this chapter relating to fossil fuels, natural 38 gas, oil, coal, and petroleum products shall be controlling only for the 39 sole purpose of providing guidance on how to discontinue the use of such 40 fuels by two thousand thirty. 41 (g) The plan shall incorporate measures related to reduction in energy 42 use, increased energy conservation, and improvements in energy efficien- 43 cy; it shall also promote regenerative agriculture to help return carbon 44 to the soil. 45 (h) The plan shall require any new vehicles sold in the state to be 46 all-electric or otherwise no carbon emissions by two thousand twenty- 47 five. 48 (i) By two thousand twenty, any new structures constructed in the 49 state shall be net zero emission structures. The plan will include a 50 rapid transition to renewable heating and cooling provided by heat pumps 51 powered by renewable electricity. 52 (j) The provisions of this subdivision shall supersede any inconsist- 53 ent provisions of this section. 54 § 3. The environmental conservation law is amended by adding a new 55 section 54-1525 to read as follows: 56 § 54-1525. Climate action plan.A. 5105--A 3 1 1. a. The department shall adopt a state climate action plan to imple- 2 ment the goals established in section 6-104 of the energy law. The plan 3 shall address all aspects of climate change, including mitigation, adap- 4 tation, and resiliency, including impacts caused by agriculture, heating 5 and cooling, and transportation. The department shall release and publi- 6 cize on its website a draft plan no later than nine months after the 7 effective date of this section. Following the release of the draft plan, 8 the department shall conduct regional public hearings to obtain public 9 feedback on the draft plan. The final plan will be completed no later 10 than eighteen months after the effective date of this section. The 11 department shall release and publicize on its website the final plan. 12 b. Within one year after the release of the department's final climate 13 action plan, each state agency and public authority shall adopt regu- 14 lations consistent with and in furtherance of the goals of the climate 15 action plan, and shall develop an agency or authority climate action 16 plan, as appropriate, which shall be updated annually, to achieve such 17 goals for the agency's or authority's own internal operations as well as 18 for regulatory purposes and other actions under the purview of the agen- 19 cy or authority. 20 c. Within one year after the release of the department's final climate 21 action plan, each county government and each municipality representing 22 more than fifty thousand individuals shall adopt a community climate 23 action plan. Such plans shall support the development of community and 24 publicly owned renewable energy. The department shall establish a state- 25 wide environmental and climate justice task force to work with community 26 groups in impacted areas to assist in the development and implementation 27 of the community climate action plans, focusing on low-income communi- 28 ties and communities of color. 29 d. The climate action plans referred to in paragraphs b and c of this 30 subdivision shall incorporate goals of environmental justice and be 31 developed with meaningful input and analysis from environmental justice 32 organizations. 33 e. The department shall ensure that climate action plans developed 34 pursuant to paragraphs b and c of this subdivision achieve the state's 35 goal of one hundred percent renewable energy by two thousand thirty in a 36 manner that benefits the state's most disadvantaged communities and is 37 transparent and accountable to the public and the legislature. 38 2. a. The state climate action plan shall include provisions for a 39 just transition from current energy sources to clean renewable energy as 40 described in subdivision one of section 6-104 of the energy law. Such 41 provisions shall include providing training and ensuring comparable jobs 42 and wages to individuals presently working in the fossil fuel industry 43 and in the nuclear power industry. 44 b. The department, in conjunction with the New York state energy 45 research and development authority and the commissioner of labor, shall 46 develop programs to transition workers in the fossil fuel industry and 47 nuclear power industries into jobs in the renewable energy sector, 48 including job training programs, relocation assistance, higher educa- 49 tion, and temporary financial support to extend unemployment benefits. 50 Such programs shall also be open to workers previously employed in the 51 fossil fuel industry who are out of work due to reduction in demand for 52 jobs in that industry, or to people who live in communities that have 53 been disproportionately impacted by fossil fuels as determined by the 54 commissioner. Such programs shall be funded through the renewable energy 55 revolving fund, established by section eighty-three-b of the state 56 finance law.A. 5105--A 4 1 c. The department, in conjunction with the New York state energy 2 research and development authority and the commissioner of labor, shall 3 develop criteria for grants and low-interest loans to support the gener- 4 ation of renewable energy and job training programs in the renewable 5 energy sector, with priority given to projects in low-income communi- 6 ties, communities of color, immigrant communities and communities 7 disproportionately impacted by fossil fuel development. 8 3. a. A state climate action council shall be established within the 9 department for the purpose of providing recommendations to the depart- 10 ment and relevant state agencies and public authorities regarding the 11 development, adoption, and implementation of the state climate action 12 plan and the agency and authority climate action plans. 13 b. The climate action council shall: 14 (i) prepare annual budget requests for climate action measures to be 15 included in the proposed state budget; 16 (ii) propose needed state legislation and agency and public authority 17 regulations. If such regulations or laws are rejected, a written expla- 18 nation justifying such rejection shall be provided by the relevant 19 acting body along with possible alternative approaches; and 20 (iii) recommend the overturning of any state regulations adopted after 21 the state climate action plan and the agency and public authority plans 22 that are inconsistent with the state climate action plan. 23 c. The climate action council shall consist of the following members: 24 (i) the commissioner; 25 (ii) the commissioner of agriculture and markets; 26 (iii) the commissioner of economic development; 27 (iv) the commissioner of housing and community renewal; 28 (v) the commissioner of transportation; 29 (vi) the chair of the public service commission; 30 (vii) the chair of the metropolitan transportation authority; 31 (viii) the president of the New York state energy research and devel- 32 opment authority; 33 (ix) the president of the Long Island power authority; 34 (x) the president of the power authority of the state of New York; 35 (xi) the president of the dormitory authority of the state of New 36 York; 37 (xii) the secretary of state; 38 (xiii) the director of the budget; 39 (xiv) the director of state operations; and 40 (xv) the counsel to the governor. 41 d. Additional appointments shall be made by the governor and leaders 42 of the state legislature to represent the renewable energy industry, 43 businesses, farmers, health professionals, small business, and academ- 44 ics. At least one-third of the members shall represent community groups, 45 labor unions, environmental justice organizations, and climate advocacy 46 groups. The temporary president of the senate and the speaker of the 47 assembly shall each appoint two members, and the minority leaders of the 48 senate and the assembly shall each appoint one member. 49 e. The climate action council shall meet at least quarterly. Each 50 state agency and public authority shall provide the council with quar- 51 terly updates of the measures taken by the agency or authority to reduce 52 greenhouse gas emissions and promote one hundred percent clean renewable 53 energy. 54 f. The council shall submit an annual report to the legislature as to 55 its progress in achieving its goals. The assembly and the senate willA. 5105--A 5 1 hold a joint public hearing to review the report and to provide an 2 opportunity for public input. 3 4. a. The department shall establish a state renewable energy board 4 and regional renewable energy boards under the climate action council 5 and shall appoint members thereto based upon recommendations by the 6 climate action council. The state and regional boards shall be comprised 7 of membership from organizations that represent environmental justice 8 communities, labor unions, environmental organizations, academics know- 9 ledgeable about energy systems, consumer organizations, utilities, and 10 businesses. The boards will be responsible for approving utilities' 11 clean energy compliance plans and approving and allocating funds from 12 the state renewable energy revolving fund established by section eight- 13 y-three-b of the state finance law. 14 b. Within one year of the effective date of this section, each utility 15 subject to the provisions of the public service law shall submit plans 16 detailing the utility's plans to comply with the goals established in 17 section 6-104 of the energy law for approval to the state renewable 18 energy board. Each utility shall submit annual reports documenting its 19 progress towards meeting the goals, and any proposed amendments to its 20 plan. If a utility fails to meet the clean energy benchmarks established 21 in section 6-104 of the energy law, it shall submit an updated plan that 22 documents how the utility will come into compliance with the benchmarks 23 the following year. 24 c. Any utility failing to comply with the provisions of paragraph b of 25 this subdivision shall be fined an amount that is two times the marginal 26 cost difference between the highest priced fossil fuel they are burning 27 and the lowest cost renewable energy per kilowatt hour. Fines collected 28 from violations shall be deposited into the state renewable energy 29 revolving fund established by section eighty-three-b of the state 30 finance law and used to develop renewable energy generation, energy 31 efficiency, and job training programs in the communities where fossil 32 fuels continue to be utilized for energy. No fines collected for these 33 violations shall be passed through to ratepayers. 34 d. Onsite and community renewable energy shall be credited at the 35 retail rate of electricity for energy generated up to one hundred twenty 36 percent of energy consumption at the time of installation, taken as an 37 average of annual usage for the past five years. Energy generated beyond 38 one hundred twenty percent shall be reimbursed at the wholesale rate. In 39 months where energy generation exceeds usage, the difference shall be 40 credited to the electric bill, and at the end of the year, excess owed 41 to the electric customer shall be paid to the customer. Any utility that 42 captures energy generated in excess of one hundred twenty percent shall 43 deposit an amount equal to the retail price of electricity for the 44 amount generated into the state renewable energy revolving fund estab- 45 lished by section eighty-three-b of the state finance law. 46 5. a. The commissioner shall appoint a statewide climate justice work- 47 ing group for the following purposes: 48 (i) to evaluate the climate action plans developed by each state agen- 49 cy and public authority and to advise the department on an on going 50 basis as to progress made by respective agencies and public authorities; 51 (ii) to consult with the department of public service and the public 52 service commission to assess the progress made by utilities subject to 53 the provisions of the public service law in coming into compliance with 54 the state energy plan mandated by subdivision one of section 6-104 of 55 the energy law and to advise the department on an on-going basis as to 56 progress made by such utilities; andA. 5105--A 6 1 (iii) to advise the department regarding measures to expand access to 2 renewable energy in low-income and immigrant communities in ways that 3 advance environmental, climate, economic, and racial justice interests. 4 b. The state climate justice working group shall be empowered to 5 request and receive reports and other relevant information from agen- 6 cies, public authorities, the department of public service and the 7 public service commission, utilities subject to the provisions of the 8 public service law, and other entities necessary to evaluate and advise 9 the department on plans and progress towards the transition to one 10 hundred percent renewable energy. All state agencies, authorities, 11 commissions and departments shall cooperate with the state climate 12 justice working group in fulfilling its mandate. 13 c. The state climate justice working group shall be comprised of thir- 14 teen members who are residents of low-income communities or environ- 15 mental justice communities. Members shall serve for no more than three 16 four-year terms each as follows: 17 (i) five members shall be representatives of community-based organiza- 18 tions that advise or assist minority and low-income communities on envi- 19 ronmental matters; 20 (ii) four members shall be representatives of businesses involved with 21 energy, heating and cooling, transportation and agriculture; 22 (iii) two members shall be representatives of environmental conserva- 23 tion offices of local government; 24 (iv) two members shall be representatives of state or national organ- 25 izations promoting environmental conservation, researchers, educators 26 and members of the general public; and 27 (v) three of such members shall be nominated by the governor; two of 28 such members shall be nominated by the temporary president of the 29 senate; two members shall be nominated by the speaker of the assembly; 30 two members shall be nominated by the chairs of the senate environmental 31 conservation and energy and telecommunications committees; and two 32 members shall be nominated by the chairs of the assembly environmental 33 conservation and energy committees. 34 d. The department shall include the costs of administrating and 35 resourcing the climate justice working group in its annual budget 36 requests to the legislature. In any given year that the legislature 37 fails to approve adequate funding for the climate justice working group 38 as a distinct line item, the department shall fund the operations of the 39 climate justice working group through re-allocation of its approved 40 administrative budget. 41 6. a. Each county government and each municipality representing more 42 than fifty thousand individuals shall create a local climate justice 43 working group to evaluate the performance of the county or municipality 44 in expanding access to renewable energy and to advancing environmental, 45 climate, economic and racial justice. 46 b. Each local climate justice working group shall: 47 (i) issue recommendations on local plans to further the objectives of 48 the state climate action plan and implementation of these plans to 49 achieve one hundred percent clean renewable energy; and 50 (ii) offer endorsements or rejections of plans and reports, and offer 51 specific analysis of the plans' impacts on expanding access to renewable 52 energy and advancing environmental, climate, economic and racial 53 justice. 54 c. Each local climate justice working group shall be comprised of 55 residents of low-income communities and environmental justice communi- 56 ties. Members shall be appointed by local government consistent withA. 5105--A 7 1 rules adopted by such local government. Members shall number at least 2 eight and no more than twelve individuals. Members shall serve for no 3 more than three four-year terms each. 4 d. Each local climate justice working group shall be empowered to 5 receive reports and other relevant information from companies, utili- 6 ties, and other entities necessary to develop recommendations on the 7 plans and their implementation. 8 e. The department shall include the costs of administrating and 9 resourcing the local climate justice working groups in its annual budget 10 requests to the legislature. In any given year that the legislature 11 fails to approve funding for the local climate justice working groups as 12 a distinct line item, the department shall fund the operations of the 13 local climate justice working groups through re-allocation of its 14 approved administrative budget. 15 § 4. The state finance law is amended by adding a new section 83-b to 16 read as follows: 17 § 83-b. State renewable energy revolving fund. 1. There is hereby 18 established in the joint custody of the comptroller and the commissioner 19 of taxation and finance a special fund to be known as the "state renewa- 20 ble energy revolving fund". 21 2. The fund shall consist of moneys appropriated thereto, fines 22 collected pursuant to paragraph c of subdivision four of section 54-1525 23 of the environmental conservation law, and funds transferred from any 24 other fund or source. 25 3. The comptroller shall establish the following separate and distinct 26 accounts within the renewable energy revolving fund: 27 a. the loan fund, which shall fund grants and low-interest loans to 28 support the generation of renewable energy and job training programs in 29 the renewable energy sector pursuant to paragraph c of subdivision two 30 of section 54-1525 of the environmental conservation law; 31 b. the training account, which will fund training programs and other 32 benefits for displaced workers pursuant to paragraph b of subdivision 33 two of section 54-1525 of the environmental conservation law; and 34 c. the localities assistance account, which shall reimburse localities 35 for any revenue loss occurring from the shutdown of fossil fuel or 36 nuclear power plants. Such account shall also be used to provide 37 payments in lieu to taxes related to the siting of any renewable energy 38 facilities or projects. 39 4. Priority in distribution among the accounts specified in subdivi- 40 sion three of this section shall be given to the training account. 41 Moneys allotted to such account shall be sufficient to ensure that every 42 displaced fossil fuel worker and nuclear power worker in the state 43 receives the opportunity to transition into jobs in the renewable energy 44 sector. 45 5. Revenues in the renewable energy revolving fund shall be kept sepa- 46 rate and shall not be commingled with any other moneys in the custody of 47 the comptroller. All deposits of such revenues shall, if required by the 48 comptroller, be secured by obligations of the United States or of the 49 state having a market value equal at all times to the amount of such 50 deposits and all banks and trust companies are authorized to give secu- 51 rity for such deposits. Any such revenues in such fund may, upon the 52 discretion of the comptroller, be invested in obligations in which the 53 comptroller is authorized to invest pursuant to section ninety-eight-a 54 of this article. 55 6. All payments of moneys from the loan account of the fund shall be 56 made on the audit and warrant of the comptroller. All payments from theA. 5105--A 8 1 training account of the fund shall be made on the audit and warrant of 2 the commissioner of labor. 3 § 5. a. The attorney general is hereby authorized to commence an 4 action or special proceeding in any court of competent jurisdiction in 5 the state in the name of the people of the state to enforce the 6 provisions of this act, recover any fine or penalty due pursuant to 7 section 54-1525 of the environmental conservation law, or for injunctive 8 relief to compel compliance with the provisions of this act. All moneys 9 recovered in any such action or special proceeding, together with the 10 costs thereof shall be paid into the state treasury to the credit of the 11 state renewable energy revolving fund established by section 83-b of the 12 state finance law. 13 b. Notwithstanding any law, rule or regulation to the contrary, any 14 resident of the state of New York, over the age of twenty-one, shall 15 have legal standing to sue to ensure satisfaction of the provisions of 16 this act. 17 § 6. This act shall take effect on the first of January next succeed- 18 ing the date upon which it shall have become a law.