S 7923: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7923 2025-2026 Regular Sessions  IN SENATE May 14, 2025 ___________ Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT in relation to authorizing and directing the public service commission and the New York state energy research and development authority to conduct a study to determine the possibility of closing the peaker plant electric generating facility in Brooklyn, NY; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. Peaker plants have been 2 used to ensure grid reliability during high-demand periods. Peaker 3 plants are not used routinely throughout the year but instead are used 4 as backup energy sources in the event that the energy grid is under 5 increased pressure. Grid operators spend a large amount of money on 6 operating and maintaining these highly polluting plants so they can be 7 ready to quickly start up at times of peak demand, which are rare but 8 dangerous moments on the grid. Host communities where these power plants 9 are located have borne the burden of these power plants for years 10 concerning poor air quality, noise, and noxious odors. More than one- 11 third of New York's peaker plants primarily burn oil and over three- 12 quarters are at least 30 years old resulting in numerous inefficient 13 plants with high rates of greenhouse gas and health-damaging pollutant 14 emissions for every unit of electricity generated. Nearly a third of the 15 plants are located in areas the state considers to be environmental 16 justice communities (disadvantaged communities), where vulnerable popu- 17 lations typically experience high levels of health and environmental 18 burdens. 19 § 2. For the purposes of this act, the following terms shall have the 20 following meanings: 21 (a) "peaker plant electric generating facility" shall mean a major 22 electric generating facility as defined in paragraph b of subdivision 23 one of section 19-0312 of the environmental conservation law that burns 24 coal, oil, diesel, or natural gas and was operational and generated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11998-02-5 
 S. 7923 2 1 electricity less than fifteen percent of the year during at least two 2 years between 2014 and 2024; 3 (b) "disadvantaged communities" shall mean areas burdened by cumula- 4 tive environmental pollution and other hazards that can lead to negative 5 public health effects; and 6 (c) "renewable energy" and "renewable energy systems" shall have the 7 same meanings as set forth in section 66-p of the public service law. 8 § 3. The public service commission, in conjunction with the New York 9 state energy research and development authority, is authorized and 10 directed to conduct a study to assess closing the peaker plant, located 11 at North 1st and Grand 47-79 River, Brooklyn, NY 11211 and its potential 12 impact on the surrounding area. Such study shall include, but not be 13 limited to: 14 (a) the change in electricity wholesale prices, delivery rates, and 15 total bills that energy consumers in this state will pay, including 16 indirect energy costs; 17 (b) identify other energy plants that can compensate for the plant's 18 share of the energy grid; 19 (c) the impact of renewable energy systems on the reliability of the 20 electric system in the state, including, but not limited to, how to 21 maintain reliability when solar and wind resources are not generating 22 requisite power and how reliability can be maintained if fast-ramping 23 gas-fired generation is phased out; 24 (d) proposing a strategy to replace the plant with renewable energy 25 systems or battery storage or a combination thereof; 26 (e) energy systems that would maintain reliable energy output during a 27 transition period; 28 (f) potential effect of such a transition on disadvantaged communi- 29 ties; 30 (g) the discharge, displacement, or loss of position, including 31 partial displacement such as a reduction in the hours of non-overtime 32 work, wages, or employment benefits; 33 (h) the impairment of existing collective bargaining agreements; and 34 (i) identify means to establish the following: 35 i. the transfer of existing duties and functions to renewable energy 36 systems; and 37 ii. the transfer of future duties and functions, of any currently 38 employed worker impacted by this act who agrees to be retrained in 39 renewable energy system work places. 40 § 4. The public service commission, in conjunction with the New York 41 state energy research and development authority, may conduct any hear- 42 ings or take any written testimony as it deems necessary in order to aid 43 such study, and shall take all other steps necessary to provide a thor- 44 ough analysis of all issues related to the provisions listed in section 45 one of this act. 46 § 5. The public service commission, in conjunction with the New York 47 state energy research and development authority, shall issue its final 48 report no later than one year after the effective date of this act to 49 the governor, the speaker of the assembly, the temporary president of 50 the senate, and the chairs of the assembly committee on energy and the 51 senate committee on energy and telecommunications, and post a copy of 52 such report on its website. 53 § 6. This act shall take effect immediately and shall expire and be 54 deemed repealed 2 years after such date.