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AN ACT to amend the energy law to move New York Off Fossils Fuels and establishing a one hundred percent clean renewable energy system by two thousand thirty.
WHEREAS, our state’s continuing use of fossil fuels, including coal, oil and natural gas, is having devastating impacts on our climate and communities, and our state’s use of nuclear fuels is creating immense amounts of radioactive wastes that will be dangerous to future generations for millennia, we hereby propose this law to move New York state to a clean energy revolution, achieving one hundred percent of our energy system from clean, renewable sources by 2030. Transitioning to clean energy is fundamental to protecting our communities, particularly communities of color and lower income communities that are disproportionately affected, from the worsening air and water quality that results from the incineration of fossil fuels. our transition to a clean energy system will be achieved in a way that protects displaced fossil fuel workers, impacted communities, builds a stronger economy for everyone in the state, and creates hundreds of thousands of new jobs, while at the same time, eliminating New York’s contribution to the biggest environmental threat facing our planet, climate change.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Subdivision 1 of section 6-104 of the energy law, as added by chapter 433 of the laws of 2009, is amended to read as follows:
6, Sec. 104 of the NY Energy Law is hereby amended as follows by adding a new section 6-104(a). (additions underlined)
- The board shall adopt a state energy plan in accordance with the provisions of this article.
(a) The plan shall establish a goal of achieving a 100 percent clean, renewable energy system by 2030, with zero net greenhouse gas emissions.
Clean renewable energy shall include energy derived from solar, wind, geothermal and tidal sources. Clean renewable energy does not include nuclear power, natural gas, biomass or fossil fuels.
(b) The plan shall not include any provisions for the continued use past 2030 of nuclear power. Instead, the state shall develop a plan for the phase out of all nuclear plants by 2025 and to replace them with renewables and energy efficiency.
(c) The plan shall not include provisions for the continued use of biomass, including biogas from landfills, agricultural operations and other sources of biogas, including methane. Instead, the state shall develop a plan to phase out landfills and convert to a zero waste disposal system and reduce greenhouse gas emissions in the animal agricultural sector by promoting pasture-based, sustainable animal agricultural systems and eliminating industrial style Concentrated Animal Feeding Operations from operating in the state.
(d) The plan shall provide for the discontinuance of state investment in, and the development of, infrastructure related to the distribution, processing, storage, or extraction of fossil fuels. State agencies shall not issue new permits for the construction or operation of such facilities
(e) such plan shall include, in two year increments, detailed benchmarks and steps needed to achieve the goal of a 100% clean renewable energy system by 2030. Interim goals for 100% clean energy shall be 40% by 2020; 70% by 2025; and 100% by 2030.
(f) any provisions contained with this state energy plan law that relate to fossil fuels, natural gas, oil, coal and petroleum products shall be dealt with only to the extent that they incorporate the discontinued use of such fuels by 2030.
(g) the plan shall incorporate measures related to reduction in energy use, increased energy conservation, and improvements in energy efficiency; it shall also promote regenerative agriculture to help return carbon to the soil.
(h) the plan shall require any vehicles sold in New York State to be all-electric or otherwise no carbon emissions by 2025. All fossil-fueled vehicles shall be prohibited in the state except in emergency situations by 2030.
(i) the state energy code shall, by 2020, require any new structures to be net zero emission structures. The plan will include a rapid transition to renewable heating and cooling provided by heat pumps powered by renewable electricity.
(j) the subsections of 6:104(1) shall supersede any inconsistencies with the rest of section 6-104 related to the state energy plan.
- Pursuant to the State Energy Master Plan, the Department of Environmental Conservation (DEC) shall adopted a Climate Action Plan to implement the goals established above, with the required benchmarks and steps of (a) to (h) above. The Plan shall address all aspects of climate change, including mitigation, adaptation and resiliency (including agriculture, heating cooling, transportation). Such plan shall be completed within 18 months of the adoption of such law, with a draft plan available for public comments within 9 months. Regional public hearings will be held on the draft plan.
State agencies shall be required to take action and adopt regulations that are consistent with and further the goals of the Climate Action Plan. Each state agency shall develop and update annually a plan to achieve such goals for its own internal operations as well as for regulatory and other actions under its purview.
The DEC shall ensure that plans achieve the state’s goal of 100% renewable energy in a manner that benefits the state’s most disadvantaged communities and is transparent and accountable to the public and the Legislature
All county governments and each local government entity representing more than 50,000 individuals shall also adopt a similar Climate Action Plan, though their deadlines will be one year after the relevant state timelines.
1. The Climate Action Plan should include provisions for a Just Transition. This will include providing training and ensuring comparable jobs and wages to individuals presently engaged in the fossil fuel industry.
A portion of funds from the renewable energy revolving fund, established herein, shall fund programs to transition workers in the fossil fuel industry into jobs in the renewable energy sector. This will include job training programs, relocation assistance, higher education, and temporary financial support to extend unemployment benefits. These funds shall be available to workers previously employed in the fossil fuel industry who are out of work due to reduction in demand for jobs in that industry, or to people who live in communities that have been disproportionately impacted by fossil fuels.
A fund shall also be established to assist localities with any revenue loss occurring from the shutdown of fossil fuel or nuclear power plants. Such Fund may also be used to provide payments in lieu to taxes related to the siting of any renewable energy facilities or projects.
- The Climate Action Plans shall incorporate goals of environmental justice and developed with meaningful input and analysis from environmental justice organizations. Low-income communities and communities of color disproportionately are harmed by climate change and steps are necessary to remedy that 40% of funds allocated by and through the state to deal with climate change and mediation should be targeted to such disadvantaged communities. A statewide Environmental and Climate Justice Task Force of impacted community groups shall be established to assist in the development and implementation of the Climate Action Plans.
- The Climate Action Plans shall support the development of community and publicly owned renewable energy.
- New York residents and organizations shall have the legal standing to sue to ensure that the provisions of this law and any Climate Action Plans adopted hereunder are enforced.
- A State Climate Action Council within the Department of Environmental Conservation is hereby established to provide recommendations to DEC and relevant state agencies in the development, adoption and implementation of the state Climate Action Plan.
Such council shall prepare annual budget requests for climate action to be included in the proposed state budget. It shall also have the power to propose needed new state legislation and agency regulations. If such regulations or laws are rejected, a written explanation justifying such rejection shall be provided by the relevant acting body along with possible alternative approaches.
The Climate Action Council shall recommend the overturning of any state regulations adopted after the Climate Action Plan that are inconsistent with the Plan.
A majority of the members of the Council shall be members of the state government, including but not limited to Commissioners of the Departments of Environmental Conservation, Agriculture and Markets, , NYSERDA, transportation, NYPA, , Economic Development, Environmental Conservation, Housing and Community Renewal, and Transportation, as well as the Chairs of the Public Service Commission, and Metropolitan Transportation Authority; the Presidents of the New York State Energy Research and Development Authority, Long Island Power Authority, New York Power Authority and Dormitory Authority of the State of New York; the Secretary of State; the Director of the Budget; the Director of State Operations; and the Counsel to the Governor.
Additional appointees shall be made by the Governor and leaders of the state legislature to represent the renewable energy industry, business, farmers, health professionals, small business, and academics. At least one third of the members shall represent community groups, labor unions, Environmental Justice Organization, and climate advocacy groups. The Majority leaders of the State Assembly and Senate shall each appoint 2 members, and the minority leaders one member each.
The Climate Action Council shall meet at least quarterly. State agencies will provide an update of its own actions to reduce greenhouse gas emissions and promote 100% clean renewable energy at such meetings.
(g) The Council shall submit an annual report to the State legislature as to its progress in achieving its goals. The Assembly and Senate will hold a joint public hearing to review the report and to provide an opportunity for public input.
(g) Statewide Climate Justice Working Group
- A statewide appointed Climate Justice Working Group (CJWG) will be established to advise the Department of Environmental Conservation on plans and progress made by state agencies, and utilities that are developing and implementing plans to achieve 100% renewable energy.
- The CJWG shall evaluate and advise the DEC on areas they see fit, but must include expanding access to renewable energy in low-income and immigrant communities, as well as advancing environmental, climate, economic and racial justice.
- The CJWG will be empowered to receive, reports and other relevant information from companies, utilities, and other entities necessary to evaluate and advise the DEC on plans and progress towards transition to 100% renewable energy.
- The CJWG shall be comprised of comprised of 13 members who are residents of low-income communities or environmental justice communities. Member shall serve for no more than 3 4-year terms each.
- Five members shall be representatives of community-based organizations that advise or assist minority and low-income communities on environmental matters.
- Four members shall be representatives of businesses involved with energy, heating and cooling, transportation and agriculture.
iii. Two members shall be representatives of environmental conservation offices of local government.
- two members shall be representatives of state or national organizations promoting environmental conservation, researchers, educators and members of the general public.
- Three members shall be nominated by the Governor; Two members shall be nominated by the Senate President; Two Members shall be nominated by the Assembly Speaker; Two Members shall be nominated by the Chairs of the Senate Environment and Energy Committees;and, Two Members shall be nominated by the Chair of the Assembly Environment and Energy Committees.
- The DEC shall include the costs of administrating and resourcing the CJWG in its annual budget requests to the legislature. In any given year that the legislature fails to approve adequate funding for the CJWG as a distinct line-item, the Commission shall fund the operations of the Community Implementation Board through re-allocation of its approved administrative budget.
(B) Local Boards
- Each County or Municipality with at least 50,00 residents shall create a local Climate Justice Working Group (CJWG) to evaluate the performance of standard in expanding access to renewable energy, advancing environmental, climate, economic and racial justice and empowered to issue recommendations on local plans and implementation of these plans to achieve 100% renewable energy. The CJWG will be empowered to receive, reports and other relevant information from companies, utilities, and other entities necessary to develop recommendations on the plans and their implimentation. The CJWG will offer endorsements or rejections of plans and reports, and offer specific analysis of the plans impact on expanding access to renewable energy, advancing environmental, climate, economic and racial justice.
- The CJWG shall be comprised of comprised of residents of low-income communities and environmental justice communities.
- The board will number at least 8 and no more than 12, and serve for no more than 3 4-year terms each.
- Local Board Members be appointed by local government consident with
- The Commission shall include the costs of administrating and resourcing the Community Implementation Board in its annual budget requests to the legislature. In any given year that the legislature fails to approve funding for the Community Implementation Board as a distinct line-item, the Commission shall fund the operations of the Community Implementation Board through re-allocation of its approved administrative budget.
There shall be established the state renewable energy revolving fund. This fund shall provide grants and low-interest loans to support the generation of renewable energy and job training programs in the renewable energy sector in New York with priority given to low-income communities, communities of color, immigrant communities, and communities disproportionately impacted by fossil fuel development. The state shall include funds for the renewable energy revolving fund in the annual state budget.
- The state shall establish a state and regional renewable energy boards under the Climate Action Council. These boards must have membership from organizations who represent environmental justice communities, labor unions, environmental organizations, academics knowledgeable about energy systems, consumer organizations, utilities and the businesses.
- These boards will be responsible for approving utilities RPS compliance plans, approving and allocating funds from the state renewable energy revolving fund.
- Within 1 year of enacting this law, utilities, including LIPA and municipal and publicly owned utilities, must submit plans for approval to regional and state renewable energy boards to meet renewable portfolio standards. They must submit annual reports documenting their progress towards meeting the goals, and any proposed amendments to their plans. If a utility fails to meet benchmarks, they must submit an updated plan that documents how they plan to come into compliance in the following year.
- Any utility failing to comply with the above section will also be fined an amount that is 2 times the marginal cost difference between the highest priced fossil fuel they are burning and the lowest cost renewable energy per KwH. Fines collected from violations shall be deposited into the State Renewable Energy Fund be used to develop renewable energy generation, energy efficiency and job training programs in the communities where fossil fuels continue to be utilized for energy. No fines collected for these violations can be passed onto ratepayers.
- Provision for retail net metering for electricity. Onsite renewable energy shall be credited at the retail rate of electricity for energy generated up to 120% of energy consumption at the time of installation, taken as an average of annual usage for the past 5 years. Energy generated beyond 120% shall be reimbursed at the wholesale rate. In months where energy generation exceeds usage, the difference shall be credited to the electric bill, and at the end of the year, excess owed to the electric customer shall be paid to the customer.
Any utility which captures energy generated in excess of 120% shall deposit an amount equal to the retail price of electricity for the amount generated into the state renewable energy fund.
Section 5. This act shall take effect on the first of January next succeeding the date upon which it shall have become a law.