Legislative Memos

IPPNY opposes S.5939-A (Ramos) / A.6761-A (Mamdani). This legislation would prohibit the New York State Board on Electric Generation Siting and the Environment from issuing a certificate of environmental compatibility and public need under Article 10 of the Public Service Law (the State’s power plant siting law) for fossil fuel-powered facilities unless a written attestation and demonstration is provided that an existing reliability need cannot be met with any combination of transmission upgrades, energy storage, zero carbon electric generation, demand response, and/or energy efficiency.

As a member of the Climate Action Council charged with implementing the Climate Leadership and Community Protection Act (CLCPA), I appreciate the opportunity to continue the necessary dialogue to ensure we are implementing this legislation effectively. The effects of climate change are well understood, and addressing those impacts, while transitioning New York to a new energy future, is important. IPPNY actively supports a move to a more efficient electric system in a way that maintains the reliability of our grid and makes sure consumers are not met with significant financial burden.

IPPNY supports A.3768-A (Cusick) / S.1163-A (Benjamin). The bills would add fuel-flexible linear electric generating equipment to the provisions of the Net Metering Program and within the definition of alternate energy production facility in the Public Service Law. New York previously has provided parity-recognition for this technology relative to similarly beneficial clean energy alternatives by updating State law added fuel-flexible linear generators to the list of equipment eligible for Sales Tax and Real Property Tax relief.

IPPNY opposes A.6251 (Carroll) / S.4378-A (Brisport). This legislation could have major negative consequences for electric system reliability. The bill would require owners and operators of a peaker plant located in, or adjacent to, an environmental justice community to submit a compliance plan at the time of renewal of a Title V air permit from the DEC to specify how the facility will be converted to operate using renewable energy or battery energy storage in five years. If a facility is needed for reliability and a replacement with a renewable energy system or energy storage is infeasible, there can be only one five-year extension of the deadline for replacement. The DEC cannot approve a permit for a facility that does not comply with the plan.

IPPNY strongly opposes S.4378 (Brisport). This bill would have major negative consequences for electric system reliability. As New York pursues economy-wide electrification, our grid will become more dependent on wind and solar resources, which are, by their very nature, intermittent. When the wind is not blowing and the sun is not shining, peakers (rapid response, long duration, dispatchable units) will be able to support the grid and maintain reliability.

IPPNY opposes A.10236-B (Galef) / S.8154-B (Harckham). The legislation is pre-empted by the jurisdiction of the Nuclear Regulatory Commission (NRC) and other federal agencies over the decommissioning of nuclear power plants and the use of their nuclear decommissioning trust (NDT).

IPPNY opposes S.8154-B (Harckham) / A.10236-B (Galef). The legislation is pre-empted by the jurisdiction of the Nuclear Regulatory Commission (NRC) and other federal agencies over the decommissioning of nuclear power plants and the use of their nuclear decommissioning trust (NDT).

IPPNY opposes A.10236-A (Galef) / S.8154-A (Harckham). The legislation is pre-empted by the jurisdiction of the Nuclear Regulatory Commission (NRC) and other federal agencies over the decommissioning of nuclear power plants and the use of their nuclear decommissioning trust (NDT).

IPPNY supports A.10006 (Cusick). This legislation would enhance protection of critical infrastructure, such as power plants, from cyberattacks. Among other provisions, the bill would amend existing law on the power and duties of the Division of Homeland Security and Emergency Services, and it would add cyberattacks to the list of parameters for which an assessment of the vulnerability of critical infrastructure (including, but not limited to, power plants and now, under the legislation, industrial control systems) would be done and for which protective strategies would be developed.

IPPNY supports A.7682 (Cusick) / S.6195 (Parker). The bills would establish: (a) minimum cybersecurity and safety standards; and (b) minimum cybersecurity insurance requirements, which would be applicable to third parties seeking to connect to any electric or gas corporation's systems to receive consumption or other data. The legislation would require the New York State Public Service Commission to promulgate rules and regulations by January 1, 2021 to ensure the implementation and enforcement of the bills’ provisions.