Vote Smart's Synopsis:

Vote to pass a bill that requires fossil fuel plants to submit a plan to convert to renewable energy.

Highlights:

• Defines "replaceable peaker plant" as a major electric generating facility that burns coal, oil, diesel, or natural gas and was operational and generated electricity less than 15% of the year during at least two years between 2010 through 2019 and that is located in or adjacent to an environmental justice community (Sec. § 19-1303.9).

• Alleges replacement of fossil fuel-burning peaker plants with renewable energy systems is in the public interest, will save millions of dollars in environmental and human health-related damages, will promote environmental justice, and will assist in meeting the greenhouse gas emission reduction and energy storage goals of the Climate Leadership and Community Protection Act (Sec. § 19-1301.7).

• Requires the owner or operator of a replaceable peaker plant to submit to the Department of Public Service as part of an application to renew an operating permit a mandatory replacement and compliance plan that includes, at a minimum, the following (Sec. § 19-1305):

• The number of days and hours such plant operated during each of the previous 10 years;

• The annual power output of such plant for each of the previous 10 years;

• The fuel or fuels utilized by such plant to generate power;

• A proposed strategy to replace the plant with renewable energy systems or battery storage or a combination thereof.

• A timetable for implementation of the proposed replacement strategy that shall not exceed five years from the date of renewal of the operating permit and that shall ensure that the renewable energy systems and battery storage are fully operational, and the operations of the peaker plant can be completely replaced, on or before 5 years from the date of renewal of the operating permit; and

• A demonstration of how the proposed renewable energy systems and battery storage strategy and timetable for implementation will comply with the renewable energy goals.

• Requires the owner or operator of the replaceable peaker plant to implement the plan after its approval following the schedule outlined in the plan and provide to the department an annual compliance and progress report beginning one year after the department approves the plan (Sec. § 19-1305-4)

• Specifies if the department disapproves of a proposed plan, the department will inform the owner or operator of the replaceable peaker plant in writing of the reasons for such disapproval and will identify the portions of the disapproved plan that need to be modified (Sec. § 19-1305-5).

• Authorizes the owner or operator of a replaceable peaker plant to apply to the department for a single five-year extension of the deadline for replacement (Sec. § 19-1307-1).

• Requires the department to provide public notice of the application for any such extension, and an opportunity for public comment on such application, of not less than 60 days (Sec. § 19-1307-2).

• Specifies the department may only grant an application for an extension request upon a showing by the applicant, by clear and convincing evidence, of the following (Sec. § 19-1307-4):

• Replacement of the plant with renewable energy systems and battery storage by the deadline is not feasible; 

• The Department of Public Service, in consultation with the New York Independent System Operator, has made a written determination that extending the deadline for the plant is necessary to maintain reliability of the electric grid; and

• The continued operation of the peaker plant would not result in adverse health impacts for the impacted environmental justice communities.

Full Bill Text