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S4134

An act to amend the Public Authorities Law; relating to the Build Public Renewables Act — 2023-02-15 · Calendar #354

The New York State Senate passed the Build Public Renewables Act (S4134) on Friday, expanding the authority of the New York Power Authority to develop renewable energy projects statewide. The bill passed 37-22 along largely party lines, with all 22 nays coming from Republican senators. Senator Robert Parker, the Democratic chair of the Energy Committee and bill sponsor, framed the legislation as essential to meeting the state's Climate Leadership and Community Protection Act goals. He argued that private renewable energy developers cannot meet New York's energy needs alone and that NYPA must have broader authority to develop, acquire, finance and operate renewable projects across the state. Opponents, led by Sen. John Walczyk, conducted extensive questioning about the bill's language, particularly the distinction between "purchasing" and "acquiring" renewable facilities, raising concerns about potential government seizure of private assets. Walczyk and other Republicans noted that NYPA itself did not request the legislation and that major renewable energy industry groups—including the Solar Energy Industry Alliance, Independent Power Producers, and the Offshore Wind Alliance—oppose the bill. Supporters including Sens. Gonzalez and Brisport argued that public power utilities have a strong track record of delivering cheaper, greener and more reliable energy than private corporations, and that bold climate action is necessary given the urgency of the climate crisis. The bill also expands NYPA's board of trustees from 7 to 17 members and mandates the shutdown of peaker plants in New York City by 2031. Republicans criticized the board expansion as stacking the authority with Democratic appointees and warned the legislation would increase ratepayer costs through systems benefit charges.
PASSED Ayes: 37 · Nays: 22

Debate Summary

The bill authorizes the New York Power Authority to purchase, acquire, plan, design, engineer, finance, construct, operate, manage, improve and maintain renewable energy projects throughout New York State. Supporters argue it is essential to meet the state's Climate Leadership and Community Protection Act goals and transition away from fossil fuels, with strong labor protections and environmental justice provisions. Opponents contend it represents government takeover of the energy sector, will increase ratepayer costs through systems benefit charges, lacks support from NYPA itself and private renewable energy companies, and stacks the NYPA board with Democratic appointees to ensure passage.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Brisport aye Democrat
Gonzalez aye Democrat
Parker aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Mannion nay
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Scarcella-Spanton nay Democrat
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican