Summary

This legislation directs the Public Service Commission to establish a new program to subsidize a minimum of one gigawatt of non-renewable “zero emitting electric generating facilities,” redefining “zero emissions” as energy systems that “do not lead to a net increase in greenhouse gas emissions into the atmosphere at any time in the process of generating electricity.”

Explanation

The Climate Leadership and Community Protection Act (CLCPA) set New York on a path to a zero emissions electric grid by 2040, with no less than 70-percent of that power coming from renewables by 2030.

This legislation directs the Public Service Commission to establish a new program to subsidize a minimum of one gigawatt of non-renewable “zero emitting electric generating facilities” to commence commercial operation by 2030. The bill undermines the CLCPA by redefining “zero emissions” in a manner that would include all energy systems that “do not lead to a net increase in greenhouse gas emissions into the atmosphere at any time in the process of generating electricity.” The CLCPA zero emission requirement is not limited to greenhouse gases, it applies to all pollutants.

Shifting “zero emissions” to “net zero greenhouse gas emissions” opens the door to the continued combustion of fossil fuels and, as argued in the Sponsor’s memorandum, hydrogen and biogas to generate electricity could force ratepayers to subsidize polluting fracked gas and other environmentally harmful facilities. Both hydrogen and biogas have non-zero greenhouse gas emissions and significant conventional air pollution impacts and, if combusted in existing power plants, would have a disproportionate harmful impact on environmental justice communities.

New York should remain focused on meeting its zero emission requirements with proven and cost-effective strategies including robust investments in renewables, storage and the transmission and distribution system, while avoiding ratepayer expenditures on commercially unviable cost prohibitive technologies.

Download PDF