 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5111
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 19, 2025
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
 
        AN ACT enacting the "just energy transition act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title.  This act shall be known and may be  cited  as
     2  the "just energy transition act".
     3    §  2.  Legislative  findings and statement of purpose. The legislature
     4  hereby finds, determines and declares:
     5    (a) New York state, especially New York city,  is  reliant  on  fossil
     6  fuels  for energy production, making the transition to renewable sources
     7  for the downstate electricity system key to achieving  the  requirements
     8  of  section  4  of  the  New York state climate leadership and community
     9  protection act, including that seventy percent of the state's  electric-
    10  ity  be  from  renewable  energy  sources  by the year 2030 and that one
    11  hundred percent of the state's electricity be from zero-emission sources
    12  by the year 2040.
    13    (b) New York state is committed to  the  responsible  replacement  and
    14  redevelopment  of its fossil fueled generation facilities that currently
    15  ensure resource adequacy in the state, especially in locations where the
    16  health benefits to historically disadvantaged communities can  be  maxi-
    17  mized,  and  where the cost effective phasing-out of such facilities can
    18  be done while helping to ensure a just transition for the existing work-
    19  force.
    20    (c) A public policy purpose would be served and the interests  of  the
    21  people  of  the  state would be advanced by directing the New York state
    22  energy research and development  authority,  in  consultation  with  the
    23  department of public service and the department of environmental conser-
    24  vation,  to  continue the development of the study commenced in 2022, as
    25  referenced in the climate action council scoping plan of  strategies  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01714-02-5
        S. 5111                             2
 
     1  facilitate  the  replacement  and redevelopment of New York's oldest and
     2  most-polluting fossil fueled generation facilities and  their  sites  by
     3  2030, while ensuring resource adequacy, with renewable energy systems as
     4  defined  in paragraph (b) of subdivision 1 of section 66-p of the public
     5  service law, energy storage systems, and  electricity  transmission  and
     6  distribution systems and equipment.
     7    (d)  It  is  the  intent  of  the  legislature in enacting this act to
     8  empower the New York state energy research  and  development  authority,
     9  department  of public service, and department of environmental conserva-
    10  tion, to develop a study as described  in  the  climate  action  council
    11  scoping  plan  and  paragraph  (c)  of  section three of this act in the
    12  manner authorized and directed herein, and for those  entities  and  the
    13  public  service commission, and any other agencies or authorities of the
    14  state as may be required, to commence any proceedings  or  other  initi-
    15  atives necessary to carry out the strategies described therein.
    16    §  3.  The New York state energy research and development authority is
    17  authorized and directed to:
    18    (a) develop a study of competitive options to  facilitate  the  phase-
    19  out,  replacement and redevelopment of New York state's oldest and most-
    20  polluting fossil fueled generation facilities and  their  sites  by  the
    21  year   2030,  with  renewable  generation  options  that  include  those
    22  described in the scoping plan issued by the climate action council under
    23  section 75-0103 of the environmental conservation law, renewable  energy
    24  systems  as defined in paragraph (b) of subdivision 1 of section 66-p of
    25  the public service law, energy storage systems, and  electricity  trans-
    26  mission  and distribution systems and equipment, while ensuring resource
    27  adequacy and other reliability services are maintained, and to do so  in
    28  consultation  with  the  department of public service, the department of
    29  environmental conservation, Long Island power authority, and other rele-
    30  vant state agencies and authorities with subject matter  expertise,  the
    31  federally  designated  electric bulk system operator, the New York State
    32  Reliability Council, and the owners of such facilities. The study should
    33  prioritize the replacement  and  redevelopment  of  such  fossil  fueled
    34  generation  facilities  with  facilities  that  will  directly assist in
    35  achieving the energy, environmental  justice  and  emissions  reductions
    36  requirements  of section 66-p of the public service law. The study shall
    37  address the phase-out of at least four gigawatts of fossil fueled gener-
    38  ation statewide capacity in total and prioritize those  facilities  that
    39  only  operate when electricity usage is highest. The study shall include
    40  recommendations of standards and requirements that:
    41    (i) significantly reduce the state's electricity  system  reliance  on
    42  fossil  fuels,  taking  into  account the requirements and timing of the
    43  state's emission reduction programs;
    44    (ii) establish a competitive program to promote private sector invest-
    45  ment in eligible technologies that the  public  service  commission  has
    46  determined,  after  notice and provision for the opportunity to comment,
    47  ensure resource adequacy, while achieving the  requirements  of  section
    48  66-p of the public service law;
    49    (iii)  provide significant environmental, health and other benefits to
    50  disadvantaged communities as such  communities  will  be  defined  under
    51  section 75-0111 of the environmental conservation law; and
    52    (iv)  have  significant  potential  for  job  creation  and retention,
    53  economic development, and just transition opportunities  benefiting  New
    54  Yorkers  and  the  state's  workforce,  as described in the scoping plan
    55  issued by the climate action council under section 75-0103 of the  envi-
    56  ronmental conservation law; and
        S. 5111                             3
 
     1    (v)  ensure  the  availability of assistance under the electric gener-
     2  ation facility cessation mitigation fund established  in  section  1  of
     3  part BB of chapter 58 of the laws of 2016 to any local government entity
     4  impacted  by  the  replacement and redevelopment of fossil fueled gener-
     5  ation facilities under this section;
     6    (b) provide  public  notice  of  the  study, and ensure the results of
     7  the  study are made easily accessible to members of disadvantaged commu-
     8  nities, as defined in section 75-0101 of the environmental  conservation
     9  law,  and  provide an opportunity for public comment on the study of not
    10  less than 60 days and conduct at least  two    public  hearings  on  the
    11  study, of which at least one shall be held in disadvantaged communities,
    12  as defined in section 75-0101 of the environmental conservation law with
    13  such public hearings offering  video participation and accessibility;
    14    (c)  address  public  comments  and  update the study, as appropriate,
    15  especially to ensure resource  adequacy  and  reliability  services  are
    16  maintained; and
    17    (d)  deliver  the  study  to  the governor, temporary president of the
    18  senate and speaker of the assembly within 180 days of the effective date
    19  of this section.
    20    § 4. The department of public service, the department of environmental
    21  conservation, and Long Island power authority shall commence proceedings
    22  and stakeholder processes to establish programs  and  other  initiatives
    23  necessary to carry out the strategies, programs, standards, and require-
    24  ments  described  in  the study referred to in section three of this act
    25  within 60 days of delivery of the study to the governor, temporary pres-
    26  ident of the senate and speaker of the assembly.
    27    § 5. The public service commission shall:
    28    (a) commence a proceeding to implement the strategies, programs, stan-
    29  dards, and requirements described in the study referred  to  in  section
    30  three  of this act within 90 days of delivery of the study to the gover-
    31  nor, temporary president of the senate and speaker of the assembly; and
    32    (b)  issue  an  order  regarding  implementation  of  the  strategies,
    33  programs, standards, and requirements described in the study referred to
    34  in  section  three  of  this act no later than July 30, 2026. Such order
    35  shall at a minimum:
    36    (i) direct the New York state energy research and development authori-
    37  ty to implement a competitive award process to facilitate  the  replace-
    38  ment  and  redevelopment  of  at  least  four gigawatts of fossil fueled
    39  generation facilities statewide while maintaining reliability consistent
    40  with the recommendations of the study pursuant to section three of  this
    41  act,  and  that as part of such competitive award process, consideration
    42  shall be given to security of offtake with  respect  to  generation  and
    43  transmission; and
    44    (ii)  direct  that  with  respect  to  the  competitive  award process
    45  required, the only eligible electricity  generation  from  hydroelectric
    46  facilities  shall  be electricity that is generated from non-state-owned
    47  low impact run-of-river facilities located in the state that  provide  a
    48  year-round electricity capacity resource.
    49    (c)(i)  Any  projects  pursuant to this section, or the study provided
    50  herein, shall be  deemed  public  work  and  shall  be  subject  to  and
    51  performed  in  accordance  with  articles 8 and 9 of the labor law. Each
    52  contract for such project shall contain a provision  that  such  project
    53  shall  only  be  undertaken  pursuant  to a project labor agreement. For
    54  purposes of this section, "project labor agreement" shall  mean  a  pre-
    55  hire  collective  bargaining agreement between the New York state energy
    56  research and development authority, a  third  party  on  behalf  of  the
        S. 5111                             4
 
     1  authority, or a recipient of support under this section, and a bona fide
     2  building  and  construction  trade  labor  organization establishing the
     3  labor organization as the collective bargaining representative  for  all
     4  persons  who  will  perform  work  on  a  public work project, and which
     5  provides that only contractors and subcontractors who sign a pre-negoti-
     6  ated agreement with the labor organization can perform project work. All
     7  contractors and  subcontractors  associated  with  this  work  shall  be
     8  required  to  utilize apprenticeship agreements as defined by article 23
     9  of the labor law.
    10    (ii) The New York state energy research and development authority,  or
    11  public service commission, where appropriate, shall include requirements
    12  in  any  procurement  or  development  of  a renewable energy generating
    13  project, as defined in this subdivision, that the components  and  parts
    14  shall  be  produced  or  made in whole or substantial part in the United
    15  States, its territories  or  possessions.  The  New  York  state  energy
    16  research and development authority's president and chief executive offi-
    17  cer,  or  their  designee  may  waive  the  procurement  and development
    18  requirements set forth in this paragraph  if  such  official  determines
    19  that: the requirements would not be in the public interest; the require-
    20  ments  would result in unreasonable costs; obtaining such infrastructure
    21  components and parts in the United States would increase the cost  of  a
    22  renewable  energy  generating project by an unreasonable amount; or such
    23  components or parts cannot be produced, made, or assembled in the United
    24  States in sufficient and reasonably available quantities or of satisfac-
    25  tory quality. Such determination shall be made on  an  annual  basis  no
    26  later than December thirty-first, after providing notice and an opportu-
    27  nity  for  public comment, and such determination shall be made publicly
    28  available, in writing, on the New York state energy research and  devel-
    29  opment  authority's  website with a detailed explanation of the findings
    30  leading to such determination. If the New York state energy research and
    31  development authority's president and chief executive officer, or  their
    32  designee,  has issued determinations for three consecutive years finding
    33  that no such waiver is warranted pursuant to this  paragraph,  then  the
    34  New York state energy research and development authority shall no longer
    35  be  required  to provide the annual determination required by this para-
    36  graph.
    37    (d)(i) The commissioner of labor, in consultation with labor organiza-
    38  tions, shall develop a  comprehensive  plan  to  transition,  train,  or
    39  retrain  employees  that are impacted by projects undertaken pursuant to
    40  this act, or the study provided in section three of this act. This  plan
    41  shall  include a method of allowing displaced and transitioning workers,
    42  including affected labor organizations, to notify  the  commissioner  of
    43  the  loss  of  employment, their previous title, and previous wage rates
    44  including whether they previously  received  medical  and/or  retirement
    45  benefits. The plan shall require employers to notify the commissioner of
    46  workers laid off or discharged due to this act.
    47    (ii)  The  commissioner  of  labor  shall create a program pursuant to
    48  which, where applicable and feasible, newly  created  job  opportunities
    49  shall  be offered to a pool of transitioning workers who have lost their
    50  employment or will be losing  their  employment  in  the  energy  sector
    51  through  projects undertaken pursuant to this act, or the study provided
    52  in section three of this act. Such program shall include  a  method  for
    53  the  commissioner  of labor to communicate names and contact information
    54  for displaced or transitioning workers to public entities that may  have
    55  job opportunities for such workers every 90 days.
        S. 5111                             5
 
     1    (e)  Notwithstanding  any provision of law to the contrary, all rights
     2  or  benefits,  including  terms  and  conditions  of   employment,   and
     3  protection  of  civil  service  and  collective bargaining status of all
     4  existing public employees and the work jurisdiction, covered job titles,
     5  and  work assignments, set forth in the civil service law and collective
     6  bargaining  agreements  with  labor  organizations  representing  public
     7  employees  shall  be  preserved and   protected. Nothing in this section
     8  shall result in the:  (i) displacement of any currently employed  worker
     9  or  loss of position (including partial displacement as such a reduction
    10  in the hours of non-overtime work, wages,  or  employment  benefits)  or
    11  result  in  the impairment of existing collective bargaining agreements;
    12  (ii) transfer of existing duties and functions  related  to  maintenance
    13  and  operations  currently performed by existing employees of authorized
    14  entities to a contracting entity; or (iii) transfer of future duties and
    15  functions ordinarily performed by employees of authorized entities to  a
    16  contracting entity.
    17    §  6.  The  Long  Island  power authority shall establish a program or
    18  programs in its service territory consistent with the recommendation  of
    19  the  study  conducted  pursuant  to  section  three  of  this  act,  the
    20  provisions of section five of this act, and the objectives of this act.
    21    § 7. This act shall take effect immediately.
Enacts the "just energy transition act"

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