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A05877 Summary:

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A05877 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5877--B
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2009
                                       ___________
 
        Introduced  by  M. of A. CAHILL, ALESSI, BRENNAN, DelMONTE, ENGLEBRIGHT,
          GABRYSZAK,  GORDON,  HEVESI,  HOYT,  HYER-SPENCER,  KELLNER,  LUPARDO,
          ROSENTHAL,  SCHIMEL  --  Multi-Sponsored  by  --  M.  of A. EDDINGTON,
          JACOBS, SPANO -- read once and referred to the Committee on Energy  --
          committee  discharged,  bill amended, ordered reprinted as amended and

          recommitted to said committee -- reported and referred to the  Commit-
          tee  on  Ways and Means -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the energy  law  and  the  public  authorities  law,  in
          relation to establishing the state energy planning board
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The energy law is amended by adding a new article 6 to read
     2  as follows:
     3                                  ARTICLE 6
     4                               ENERGY PLANNING
     5  Section 6-102. State energy planning board.
     6          6-104. State energy plan.
     7          6-106. Conduct of the state energy planning proceeding.

     8          6-108. Supplemental studies for future energy planning.
     9    § 6-102. State energy planning board. 1. There shall be established  a
    10  state  energy  planning  board,  hereinafter referred to as the "board",
    11  which shall consist of the chair of the public service  commission,  the
    12  commissioner of environmental conservation, the commissioner of economic
    13  development,  the  commissioner  of  transportation, the commissioner of
    14  labor, the director of the state emergency management office, the  chair
    15  of the consumer protection board, the commissioner of health, the presi-
    16  dent  of the New York state urban development corporation, the secretary
    17  of state and the president of the New York  state  energy  research  and

    18  development  authority.    The governor, the speaker of the assembly and
    19  the temporary president of the senate shall each appoint  one  represen-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05420-06-9
        A. 5877--B                          2
 
     1  tative  to  serve  on the board.  The presiding officer of the federally
     2  designated electric bulk system operator (BSO) shall serve as a non-vot-
     3  ing member of the board. Any decision or action by the board shall be by
     4  majority  vote.  The president of the New York state energy research and

     5  development authority shall serve as chair of the board. Members of  the
     6  board  may designate an executive staff representative to participate on
     7  the board on their behalf.
     8    2. Regional planning councils  shall  be  established,  whose  members
     9  shall  work  with  the  state energy planning board.   Regional planning
    10  council members shall not be considered to be members of the state ener-
    11  gy planning board for  purposes  of  participation  in  board  meetings,
    12  except  council members may participate as non-voting members when items
    13  relating specifically to that member's  region,  as  determined  by  the
    14  board,  are  on  the  agenda  of a board meeting.   Two regions shall be
    15  established as follows:

    16    (a) Downstate region - New York City  and  Dutchess,  Nassau,  Orange,
    17  Putnam, Rockland, Suffolk, Ulster and Westchester counties;
    18    (b)  Upstate  region  - Albany, Allegany, Broome, Cattaraugus, Cayuga,
    19  Chautauqua, Chemung, Chenango, Clinton,  Columbia,  Cortland,  Delaware,
    20  Erie,  Essex,  Franklin,  Fulton,  Genesee,  Greene, Hamilton, Herkimer,
    21  Jefferson, Lewis,  Livingston,  Madison,  Monroe,  Montgomery,  Niagara,
    22  Oneida,  Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Sarato-
    23  ga, Schenectady, Schoharie, Schuyler,  Seneca,  St.  Lawrence,  Steuben,
    24  Sullivan,  Tioga, Tompkins, Warren, Washington, Wayne, Wyoming and Yates
    25  counties.
    26    The governor, temporary president of the senate and the speaker of the

    27  assembly shall each appoint three regional planning council members  per
    28  region.  Regional  planning  council members shall serve without compen-
    29  sation, and shall have their principal residence within the  region  for
    30  which  they  are  appointed.  Such  regional council members may solicit
    31  input from stakeholder interests within their region, including but  not
    32  limited  to local governments, municipal utilities, rural electric coop-
    33  eratives, utilities, labor unions, ratepayers, businesses, trade associ-
    34  ations, generators, and community organizations, and shall  transmit  to
    35  the  board  a  report  containing  any recommendations specific to their
    36  region on a schedule concurrent with the release  of  the  draft  energy
    37  plan.

    38    3. Staff services shall be performed by personnel of the department of
    39  public  service,  the  department  of  environmental  conservation,  the
    40  department of transportation, the department  of  economic  development,
    41  the  state  emergency  management  office  and the New York state energy
    42  research and development authority, as directed by the board.    Assist-
    43  ance shall also be made available, as requested by the board, from other
    44  agencies, departments and public authorities of the state. The board may
    45  provide  for  its  own  representation  in all actions or proceedings in
    46  which it is a party.
    47    4. The board shall have the powers: (a) to adopt a state  energy  plan
    48  in accordance with the provisions of this article;

    49    (b)  to  adopt  rules  and  regulations as necessary or appropriate to
    50  implement this article;
    51    (c) to issue subpoenas and subpoenas duces tecum; and
    52    (d) to authorize any person to conduct hearings  which  the  board  is
    53  authorized  to conduct, to take testimony with respect to the subject or
    54  matter under investigation, and to report the testimony to the board. In
    55  the conduct of such hearings, any person  so  authorized  by  the  board
    56  shall have all the powers of the board.
        A. 5877--B                          3
 
     1    5.  The  board shall in the consideration and development of policies,
     2  programs, and other actions, be guided by the goals  of:  improving  the

     3  reliability  of  the  state's  energy systems; insulating consumers from
     4  volatility in market prices; reducing the overall cost of energy in  the
     5  state;  and  minimizing  public  health  and  environmental  impacts, in
     6  particular, environmental impacts related to climate change.  Each ener-
     7  gy plan shall also identify policies and programs designed  to  maximize
     8  cost-effective  energy  efficiency  and  conservation activities to meet
     9  projected demand growth.
    10    (a) The board shall identify the  most  appropriate  state  agency  or
    11  authority  with  the  responsibility for implementing or overseeing such
    12  prioritized policies and programs.
    13    (b) Each agency or authority  charged  with  implementing  a  specific

    14  policy  or program in the energy plan shall report to the board annually
    15  regarding the original goal of such policy or program, steps  that  have
    16  been  taken  to  implement such policy or program, progress in attaining
    17  goals, adjustments to the program or goals and reasons  why  adjustments
    18  are needed, and anticipated date of completion.
    19    (c)  The  board  shall  use such progress reports in the completion of
    20  each subsequent energy plan and in each of the required biennial reports
    21  as stated in section 6-106 of this article.
    22    6. The board shall require any contractor or subcontractor  awarded  a
    23  contract  pursuant  to  the  provisions  of  this article to comply, and
    24  otherwise exercise all of its responsibilities and conduct  all  of  its

    25  activities  consistent  with  the provisions of article fifteen-A of the
    26  executive law with regards  to  the  utilization  and  participation  of
    27  certified minority and women-owned business enterprises.
    28    §  6-104.  State  energy plan. 1. The board shall adopt a state energy
    29  plan in accordance with the provisions of this article.
    30    2. The state energy plan shall include: (a) forecasts for  periods  of
    31  five, ten and fifteen years of: (i) demand for electricity, natural gas,
    32  coal,  petroleum  products,  including heating and transportation fuels,
    33  and alternate fuels, including ethanol and other biofuels, to the extent
    34  possible, for each region of the state, as well as the state as a whole,

    35  taking into account  energy  conservation,  load  management  and  other
    36  demand-reducing  measures  which  can  be  achieved  in a cost-effective
    37  manner, including the basis for such projection, including  an  examina-
    38  tion  of possible alternate levels of demand and discussion of the fore-
    39  casting methodologies and input variables used in making the forecasts;
    40    (ii) energy supply requirements needed to satisfy demand for electric-
    41  ity, natural gas, coal, petroleum products, including heating and trans-
    42  portation fuels, and alternate energy sources and fuels, for each region
    43  of the state, and for the state as a whole, including  with  respect  to
    44  electricity,  the  amount of capacity needed to provide adequate reserve

    45  margins and  capacity  needed  to  ensure  reliability  and  competitive
    46  markets in the various regions of the state;
    47    (iii)  an  assessment  of  the  ability  of the existing energy supply
    48  sources and the existing transmission or fuel transportation systems, to
    49  satisfy, together with those sources or systems reasonably certain to be
    50  available, such energy supply  requirements,  indicating  planned  addi-
    51  tions,  retirements,  deratings,  substantial  planned  outages, and any
    52  other expected changes in levels of generating and production capacity;
    53    (iv) additional electric capacity and/or transmission or  fuel  trans-
    54  portation  systems  needed  to meet such energy supply requirements that

    55  will not be met by existing  sources  of  supply  and  those  reasonably
    56  certain  to  be  available,  where  such analysis should identify system
        A. 5877--B                          4
 
     1  constraints and possible alternatives available,  both  supply-side  and
     2  demand-side  alternatives,  including  but  not  limited  to distributed
     3  generation, energy efficiency and conservation measures, to redress such
     4  constraint; and
     5    (v)  an inventory of projected greenhouse emissions over the five, ten
     6  and fifteen year periods, and strategies for facilitating and accelerat-
     7  ing the use of low carbon energy sources and/or carbon mitigation  meas-
     8  ures.

     9     (b)  Identification  and  assessment  of  the costs, risks, benefits,
    10  uncertainties and market potential of energy supply source alternatives,
    11  including demand-reducing measures, renewable energy resources of  elec-
    12  tric generation, distributed generation technologies, cogeneration tech-
    13  nologies,  biofuels and other methods and technologies reasonably avail-
    14  able for satisfying energy supply requirements which are not  reasonably
    15  certain  to  be met by the energy supply sources identified in paragraph
    16  (a) of this subdivision, provided that such analysis shall  include  the
    17  factors identified in paragraph (d) of this subdivision;
    18    (c)  Identification  and analysis of emerging trends related to energy

    19  supply, price and demand, including trends related to the transportation
    20  sector;
    21    (d) An assessment of current energy policies and programs,  and  their
    22  contributions to achieving long-range energy planning objectives includ-
    23  ing,  but  not  limited  to, the least cost integration of energy supply
    24  sources, energy transportation and distribution system and demand-reduc-
    25  ing measures for  satisfying  energy  supply  requirements,  giving  due
    26  regard  to such factors as required capital investments, cost, ratepayer
    27  impacts, security and diversity of fuel supplies and  generating  modes,
    28  protection  of public health and safety, adverse and beneficial environ-
    29  mental impacts, conservation of energy and energy resources, the ability

    30  of the state to compete economically, and any  other  policy  objectives
    31  deemed appropriate;
    32    (e) In order to assist the board in such evaluation, the power author-
    33  ity  of  the state of New York and the Long Island power authority shall
    34  individually submit to the planning board: (i) a strategic plan specify-
    35  ing the mission and goals of the authority, the  policies  and  programs
    36  utilized  to  fulfill  such mission and goals, and an explanation of how
    37  such policies and programs relate to the  state  energy  plan,  (ii)  an
    38  annual  five-year operating plan, and (iii) a ten-year projected capital
    39  budget for their respective operations. Such plans shall  include  major
    40  new  capital  and  programmatic initiatives, as well as descriptions and

    41  achievements of existing programs, including program objectives and  the
    42  numbers of clients and/or customers served for each service or program;
    43    (f) An analysis of security issues, considering both natural and human
    44  threats to the state's energy systems;
    45    (g) An environmental justice analysis;
    46    (h)  An  assessment  of  the  ability  of  urban planning alternative,
    47  including but not  limited  to  smart  growth  and  mass  transportation
    48  improvements to reduce energy and transportation fuel demand;
    49    (i)  An  inventory  of  greenhouse  gas  emissions, and strategies for
    50  facilitating and accelerating the  use  of  low  carbon  energy  sources
    51  and/or carbon mitigation measures;

    52    (j)  Recommendations, as appropriate and desirable, for administrative
    53  and legislative actions to implement such policies, objectives and stra-
    54  tegies;
        A. 5877--B                          5
 
     1    (k) Assessment of the impacts  of  implementation  of  the  plan  upon
     2  economic development, health, safety and welfare, environmental quality,
     3  and energy costs for consumers, specifically low-income consumers; and
     4    (l)  Such  additional information as the board deems appropriate, such
     5  as but not limited to, information developed from consultation with  the
     6  BSO.
     7    3.  To  the extent practicable, and where not otherwise specified, the
     8  elements of the state energy plan as enumerated in  subdivision  two  of

     9  this  section  shall be provided on a statewide basis as well as for the
    10  two regions described in subdivision two of section 6-102 of this  arti-
    11  cle.
    12    4. In the development of the state energy plan the board shall, to the
    13  extent  practicable,  take  cognizance  of any comprehensive reliability
    14  planning process undertaken by the BSO.
    15    5. (a) The state energy plan shall provide guidance for energy-related
    16  decisions to be made by the public and private sectors within the state.
    17    (b) Any energy-related action or decision of a  state  agency,  board,
    18  commission  or  authority  shall be reasonably consistent with the fore-
    19  casts and the policies and long-range  energy  planning  objectives  and

    20  strategies  contained  in  the  plan,  including its most recent update;
    21  provided, however, that any such action or decision which is not reason-
    22  ably consistent with the plan shall be deemed in  compliance  with  this
    23  section,  provided  that such action or decision includes a finding that
    24  the relevant provisions of the plan are no longer reasonable or probable
    25  based on a material and substantial change in fact or circumstance,  and
    26  a statement explaining the basis for this finding.
    27    (c)  Nothing  in  this  section shall limit the authority of any state
    28  agency, board,  commission  or  authority  to  deny  an  application  to
    29  construct,  operate  or  modify  an  energy facility on environmental or

    30  public health and safety grounds, or  that  alternate  means  of  energy
    31  procurement or alternate location for an energy facility can be secured.
    32    (d)  A  state agency, board, commission or authority may take official
    33  notice of the most recent final state energy plan adopted by  the  board
    34  prior  to  any  final  energy-related  decision  by  such agency, board,
    35  commission or authority.
    36    § 6-106. Conduct of the state energy  planning  proceeding.  1.  Every
    37  four  years,  the board shall adopt a state energy plan, which addresses
    38  each item identified in subdivision two of section 6-104 of this article
    39  provided, however, the board may adopt such a plan more  frequently  for

    40  good cause shown. The board shall prepare biennial reports, every second
    41  year  following the issuance of the final state energy plan, including a
    42  discussion and evaluation of  the  ability  of  the  state  and  private
    43  markets  to  implement the policies, programs, and other recommendations
    44  as found in the state  energy  plan,  and  recommendations  for  new  or
    45  amended  policies  as  needed  to  continue  successful movement towards
    46  implementation and realization of such policies and programs.
    47    2. The  board  shall  conduct  a  state  energy  planning  proceeding,
    48  consistent  with  the need to develop the plan in a timely manner, which
    49  shall provide for the following at a minimum:

    50    (a) The filing of information by  energy  suppliers  as  specified  in
    51  subdivision three of this section;
    52    (b)  The  preparation  and issuance of a draft plan, subsequent to the
    53  filing of information as specified in subdivision three of this section,
    54  which shall address each item identified in subdivision two  of  section
    55  6-104 of this article;
        A. 5877--B                          6
 
     1    (c)  Public  comment  hearings,  in  at least each region described in
     2  subdivision two of section 6-102 of this article and provide an opportu-
     3  nity to submit written comments, subsequent to the issuance of  a  draft
     4  plan,  to  obtain views and comments of interested persons on any aspect

     5  of, or issue addressed in, such draft plan;
     6    (d)  Evidentiary hearings may be held, at the discretion of the board,
     7  in response to a written request by  an  interested  person  or  persons
     8  seeking  to provide evidentiary material or data subsequent to the issu-
     9  ance of a draft plan, on issues identified in subdivision two of section
    10  6-104 of this article; and
    11    (e) Submission of a notice for any hearing or opportunity for  comment
    12  provided  for  pursuant  to  this subdivision for publication within the
    13  state register.
    14    3. As determined by the board in each instance to be appropriate  with
    15  respect  to the particular entity or entities from which information, if

    16  any, shall be required, the information to be provided to the  board  by
    17  energy  transmission and distribution companies, electric, gas, or steam
    18  corporations, major energy suppliers including owners  or  operators  of
    19  electric  generation facilities, commodity and/or end-use energy service
    20  providers, state agencies or authorities, including the power  authority
    21  of  the  state  of  New York and the Long Island power authority, and/or
    22  others, shall include the following:
    23    (a) Individually prepared comprehensive long-range  plans  for  future
    24  operations:
    25    (i)  a  forecast of electricity demands over a period of five, ten and
    26  fifteen years, including  annual  in-state  electric  energy  sales  and

    27  summer  and  winter peak loads by utility service area where applicable,
    28  and total any annual in-state electric energy sales and coincident  peak
    29  load,  specifically identifying the extent to which energy conservation,
    30  load management and other demand-reducing measures, and electric  energy
    31  generated  by  cogeneration, small hydro and alternate energy production
    32  facilities, including renewable  energy  technologies  and  fuel  cells,
    33  consumed on site, have been incorporated within such forecast;
    34    (ii)  a  forecast  of electricity supply requirements over a period of
    35  five, ten and fifteen years, by utility service area  where  applicable,
    36  specifically identifying the reserve margins required for reliable elec-

    37  tric  service, the transmission and distribution losses assumed, and the
    38  amount of out-of-state sales commitments;
    39    (iii) an assessment of the  ability  of  existing  electricity  supply
    40  sources,  and those reasonably certain to be available, to satisfy elec-
    41  tricity supply requirements, including  electric  generating  facilities
    42  which  can  be  retained  in  service  beyond their original design life
    43  through routine maintenance and repairs;
    44    (iv) an inventory of: (A) all existing electric generating and  trans-
    45  mission  facilities  including  those  owned  or  operated  by the power
    46  authority of the state of New York and the Long Island power  authority;
    47  (B)  electric  generating  and  transmission facilities planned or under

    48  construction including the power authority of the state of New York  and
    49  the  Long Island power authority, including the dates for completion and
    50  operation; (C) the anticipated retirement dates for any electric  gener-
    51  ating facilities currently operated including those owned or operated by
    52  the  power  authority of the state of New York and the Long Island power
    53  authority; (D) land owned or leased including that owned  or  leased  by
    54  the  power  authority of the state of New York and the Long Island power
    55  authority and held for future use as sites for major electric generating
    56  facilities; and  (E)  electric  generating,  transmission,  and  related
        A. 5877--B                          7
 

     1  facilities operated, or planned to be operated, by others, to the extent
     2  information concerning the same is known;
     3    (v)  recommended  supply  additions  and  demand reducing measures for
     4  satisfying the electricity supply requirements, not  reasonably  certain
     5  to be met by electricity supply sources identified in subparagraph (iii)
     6  of  this  paragraph,  including  the life extension of existing electric
     7  generating facilities, and reasons therefor;
     8    (vi) a statement of research and development plans,  including  objec-
     9  tives and programs in the areas of energy conservation, load management,
    10  electric  generation  and  transmission,  new  energy  technologies  and
    11  pollution abatement and control, which are not funded through regulatory

    12  required programs, recent results of such programs undertaken or  funded
    13  to date, and an assessment of the potential impacts of such results;
    14    (vii)  a  projection of estimated electricity prices to consumers over
    15  the forecast period, and a sensitivity analysis of that forecast  relat-
    16  ing  to  a  number  of  factors  including fuel prices and the levels of
    17  available capacity and demand in the regions of the state;
    18    (viii) a description of  the  load  forecasting  methodology  and  the
    19  assumptions  and  data used in the preparation of the forecasts, specif-
    20  ically including projections of demographic and  economic  activity  and
    21  such  other  factors, statewide and by service area, which may influence

    22  electricity demand, and the bases for such projections;
    23    (ix) proposed policies, objectives  and  strategies  for  meeting  the
    24  state's future electricity needs; and
    25    (x)  such  additional  information  as  the  board may, by regulation,
    26  require to carry out the purposes of this article.
    27    (b) All providers of natural  gas  transmission,  distribution  and/or
    28  marketing  services to customers shall individually prepare and submit a
    29  comprehensive  long-range  plan  for  future  operations,  which   shall
    30  include, as appropriate:
    31    (i) a forecast over a period of five, ten and fifteen years, by utili-
    32  ty  service  area, of estimated annual in-state gas sales, winter season

    33  sales and peak day sales by appropriate end-use classifications, specif-
    34  ically identifying the extent to which energy conservation measures  and
    35  the sale of gas owned by persons other than natural gas transmission and
    36  distribution utilities have been incorporated within such forecast;
    37    (ii)  a forecast of gas supply requirements over a period of five, ten
    38  and fifteen years, by utility service area, specifically identifying the
    39  amounts of gas needed to meet severe weather conditions, lost and  unac-
    40  counted for gas, out-of-state sales commitments and internal use;
    41    (iii) an assessment of the ability of existing gas supply sources, and
    42  those reasonably certain to be available, to satisfy gas supply require-
    43  ments;

    44    (iv) an inventory of: (A) all existing supply sources, storage facili-
    45  ties,  and  transmission  facilities which are used in providing service
    46  within the state, (B) the  transmission  and  storage  facilities  under
    47  construction  which would be used in providing service within the state,
    48  their projected costs and capacities, including  peaking  capacity,  (C)
    49  transmission  facility  additions  proposed to be constructed by natural
    50  gas transmission and distribution utilities, (D) transmission facilities
    51  operated, or planned to be operated, by others, to the  extent  informa-
    52  tion concerning the same is known;
    53    (v)  recommended  supply  additions  and  demand-reducing measures for

    54  satisfying the gas supply requirements, not reasonably certain to be met
    55  by gas supply sources identified in subparagraph (iii) of this paragraph
    56  and the reasons therefor;
        A. 5877--B                          8
 
     1    (vi) a projection of estimated gas prices to consumers over the  fore-
     2  cast  period,  and a sensitivity analysis of that forecast relating to a
     3  number of factors including the levels of commodity supply availability,
     4  of available pipeline and storage capacity, and of demand in the regions
     5  of the state;
     6    (vii)  a  description  of  the  load  forecasting  methodology and the
     7  assumptions and data used in the preparation of the  forecasts,  specif-

     8  ically  including  projections  of demographic and economic activity and
     9  such other factors, statewide and  by  service  area  where  applicable,
    10  which  may  influence  demand  for  natural  gas, and the bases for such
    11  projections;
    12    (viii) a statement of research and development plans, including objec-
    13  tives and programs in the areas of energy conservation  and  new  energy
    14  technologies,  recent  results  of such programs undertaken or funded to
    15  date, and an assessment of the potential impacts of such results;
    16    (ix) proposed policies, objectives  and  strategies  for  meeting  the
    17  state's future gas needs; and
    18    (x)  such  additional  information  as  the  board may, by regulation,

    19  require to carry out the purposes of this article.
    20    (c) Such information from major petroleum  suppliers  and  major  coal
    21  suppliers  as  the  board  may,  by regulation, require to carry out the
    22  purposes of this article.
    23    (d) Such other information  from  owners  and  operators  of  electric
    24  generating  power  plants  as  the  board may, by regulation, require to
    25  carry out the purposes of this article.
    26    4. Any information filed under this section  that  is  claimed  to  be
    27  confidential  shall be treated in accordance with regulations adopted by
    28  the board pertaining to the determination of confidential status and the
    29  retention of confidential records.
    30    5. Copies of the draft plan, and all non-confidential information  and

    31  comments  filed  pursuant to this section shall be made available to the
    32  public for inspection.
    33    6. The board may amend the state energy plan, or aspects thereof, upon
    34  its own initiative or upon the written  application  of  any  interested
    35  person. In connection with any such amendment, the board may require the
    36  filing  of  such  information  as may be required, consistent with regu-
    37  lation. Prior to adopting any proposed amendment to an  element  of  the
    38  plan identified in subdivision two of section 6-104 of this article, the
    39  board  shall  hold evidentiary hearings, upon the written application of
    40  an interested party. Prior to  adopting  a  proposed  amendment  to  any
    41  element  of  the  plan, the board shall prepare and publish in the state

    42  register notice of any draft amendment and reasons  therefor  and  shall
    43  solicit  public  comments thereon. The board shall adopt an amendment to
    44  the state energy plan, or aspects thereof, upon a finding by  the  board
    45  that there has been a material and substantial change in fact or circum-
    46  stance  since the most recent plan was adopted.  A decision of the board
    47  that no amendment is necessary, together  with  the  reasons  supporting
    48  such determination, shall be final.
    49    7. Any person who participated in the state energy planning proceeding
    50  or  any person who sought an amendment of the state energy plan pursuant
    51  to subdivision six of this section,  may  obtain,  pursuant  to  article

    52  seventy-eight  of  the  civil practice law and rules, judicial review of
    53  the board's decision adopting a plan, or any amendment  thereto,  or  of
    54  the  board's decision not to amend such plan pursuant to subdivision six
    55  of this section. Any such special proceeding shall  be  brought  in  the
    56  appellate division of the supreme court of the state of New York for the
        A. 5877--B                          9
 
     1  third  judicial  department.  Such  proceeding shall be initiated by the
     2  filing of a petition in such court within thirty days after the issuance
     3  of a decision by the board. The proceeding shall have a  lawful  prefer-
     4  ence  over  any  other  matter, shall be heard on an expedited basis and

     5  shall be completed in all respects,  including  any  subsequent  appeal,
     6  within one hundred eighty days of the filing of the petition. Where more
     7  than one such petition is filed, the court may provide for consolidation
     8  of  the  proceedings. Notwithstanding the provisions of article seven of
     9  the public service law, the procedure set forth in  this  section  shall
    10  constitute  the  exclusive  means  for  seeking  judicial  review of any
    11  element of the plan.
    12    8. Proceedings conducted pursuant to this section shall not be consid-
    13  ered part of an adjudicatory proceeding as defined in subdivision  three
    14  of section one hundred two of the state administrative procedure act, or
    15  part  of  a rule making proceeding held under subdivision one of section

    16  two hundred two of the state administrative procedure act.
    17    § 6-108. Supplemental studies for future energy  planning.  The  board
    18  shall  undertake  the  following  studies  to supplement information for
    19  future energy planning:
    20    1. On or before September first, two thousand twelve, and  every  four
    21  years thereafter, the board shall undertake a study of the overall reli-
    22  ability  of  the  state's electric transmission and distribution system.
    23  The board may contract with an independent  and  competitively  selected
    24  contractor  to undertake such study. The board shall prepare a report on
    25  such study's findings and legislative recommendations. The  board  shall
    26  transmit  such  report along with the reliability study to the governor,

    27  the speaker of the assembly, the temporary president of the senate,  the
    28  chair  of  the  assembly  energy  committee, and the chair of the senate
    29  energy and telecommunications committee.
    30    2. Such study shall include, at a minimum, an assessment  of  each  of
    31  the following:
    32    (a) the current and projected reliability of the electric power system
    33  over  the  term  of  the  planning period, with specific focus on trans-
    34  mission systems and distribution systems within the state.  The  assess-
    35  ment  shall examine: (i) investment in infrastructure, including capital
    36  improvements, expansions, and maintenance; and (ii)  workforce  utiliza-
    37  tion.
    38    (b) the potential impact of the following on distribution system reli-

    39  ability  and on each factor enumerated in paragraph (a) of this subdivi-
    40  sion: (i) distributed electric generation, especially  generation  using
    41  renewable  or  innovative energy resources; (ii) energy conservation and
    42  efficiency; (iii) load control and peak saving measures; (iv)  corporate
    43  reorganization   of  electric  utilities;  (v)  performance  ratemaking,
    44  multi-year rate agreements, and other departures from traditional  regu-
    45  latory mechanisms; and (vi) large scale industrial development.
    46    (c) the potential impact of the following on transmission system reli-
    47  ability:  (i)  each  factor enumerated in paragraph (b) of this subdivi-
    48  sion; (ii) changes in protocols for electricity dispatched  through  the

    49  BSO  or its successor or successors; (iii) accommodation of proposed new
    50  electric generation facilities or repowering or life extension of exist-
    51  ing facilities; and (iv) the market-driven nature of decisions to build,
    52  size, and locate such facilities.
    53    3. The board and any contractors it may retain for such purposes shall
    54  consult with entities that have resources and  expertise  to  assist  in
    55  such  study,  including,  but not limited to, the BSO, public utilities,
    56  and any other electric company or trade organizations.
        A. 5877--B                         10
 
     1    (a) The Long Island power authority, the power authority of the  state
     2  of New York, the department of public service, and the BSO shall cooper-

     3  ate with the board and its contractor.
     4    (b)  The  Long  Island  power authority and the power authority of the
     5  state of New York are authorized, as deemed feasible  and  advisable  by
     6  their  respective  boards,  to  make a voluntary contribution toward the
     7  study.
     8    § 2. Section 1005 of the public authorities law is amended by adding a
     9  new subdivision 16 to read as follows:
    10    16. To  complete  a  biennial  energy  plan  in  accordance  with  the
    11  provisions of article six of the energy law. In addition to any require-
    12  ments  of  article  six  of  the energy law, the authority shall provide
    13  copies of its biennial energy plan to the governor, the temporary presi-
    14  dent of the senate, the speaker of the assembly, the chair of the assem-

    15  bly committee on energy and the chair of the senate committee on  energy
    16  and  telecommunications.  Further,  the  authority  shall  cooperate and
    17  participate in the state energy planning  procedures  as  enumerated  in
    18  article six of the energy law.
    19    §  3.  Sections 1020-gg, 1020-hh and 1020-ii of the public authorities
    20  law, as renumbered by chapter 234 of the laws of  2004,  are  renumbered
    21  sections 1020-hh, 1020-ii and 1020-jj and a new section 1020-gg is added
    22  to read as follows:
    23    § 1020-gg. Energy plan. The authority shall complete a biennial energy
    24  plan in accordance with the provisions of article six of the energy law.
    25  In  addition  to  any requirements of article six of the energy law, the
    26  authority shall provide copies of its biennial energy plan to the gover-

    27  nor, the temporary president of the senate, the speaker of the assembly,
    28  the chair of the assembly committee on  energy  and  the  chair  of  the
    29  senate committee on energy and telecommunications. Further, the authori-
    30  ty  shall  cooperate and participate in the state energy planning proce-
    31  dures as enumerated in article six of the energy law.
    32    § 4. The first draft copy of the state energy plan pursuant to section
    33  6-104 of the energy law shall be presented  for  public  comment  on  or
    34  before  September  1,  2012  and  the  final draft of such plan shall be
    35  issued on or before March 15, 2013.
    36    § 5. This act shall take effect immediately.