NY S04378

Establishes the "Pollution Justice Act of 2021" requiring owners/operators of replaceable peaker plants to submit mandatory replacement and compliance plans when renewing operating permits.

Defines replaceable peaker plants as fossil fuel-burning facilities (coal, oil, diesel, natural gas) operating less than 15% of the year during 2010-2019 and located in or within one mile of environmental justice communities.

Requires replacement plans to include a timetable not exceeding five years to transition peaker plants to renewable energy systems and battery storage with capacity equivalent to the plant's maximum annual output.

Mandates public notice, at least 60 days for comment, and at least two public hearings in affected environmental justice communities before the department approves, modifies, or disapproves any replacement plan.

Allows a single five-year extension only upon clear and convincing evidence that replacement is not feasible, the grid operator certifies it is necessary for reliability, and continued operation will not cause adverse health impacts to environmental justice communities.