STATE OF NEW YORK
________________________________________________________________________
8316
2011-2012 Regular Sessions
IN ASSEMBLY
June 13, 2011
___________
Introduced by M. of A. CAHILL -- (at request of the Energy Research
Development Authority) -- read once and referred to the Committee on
Energy
AN ACT to amend the energy law, in relation to the composition, respon-
sibilities and discretion of the state energy planning board and
making technical changes related thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 6-102 of the energy law,
2 subdivision 1 as amended by section 24 of part A of chapter 62 of the
3 laws of 2011 and subdivisions 2 and 3 as added by chapter 433 of the
4 laws of 2009, are amended to read as follows:
5 1. There shall be established a state energy planning board, herein-
6 after referred to as the "board", which shall consist of the chair of
7 the public service commission, the commissioner of environmental conser-
8 vation, the commissioner of economic development, the commissioner of
9 transportation, the commissioner of labor, the [director of the state
10 emergency management office] commissioner of the division of homeland
11 security and emergency services, the commissioner of agriculture and
12 markets, the commissioner of health, [the president of the New York
13 state urban development corporation,] the secretary of state and the
14 president of the New York state energy research and development authori-
15 ty. The governor, the speaker of the assembly and the temporary presi-
16 dent of the senate shall each appoint one additional representative to
17 serve on the board. The presiding officer of the federally designated
18 electric bulk system operator (BSO) shall serve as a non-voting member
19 of the board. Any decision or action by the board shall be by majority
20 vote. The president of the New York state energy research and develop-
21 ment authority shall serve as chair of the board. Members of the board
22 may designate an executive staff representative to participate on the
23 board on their behalf.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09199-06-1
A. 8316 2
1 2. Regional planning councils shall be established[, whose members
2 shall work with the state energy planning board. Regional planning coun-
3 cil members shall not be considered to be members of the state energy
4 planning board for purposes of participation in board meetings, except
5 council members may participate as non-voting members when items relat-
6 ing specifically to that member's region, as determined by the board,
7 are on the agenda of a board meeting]. Two regions shall be established
8 as follows:
9 (a) Downstate region - New York City and Dutchess, Nassau, Orange,
10 Putnam, Rockland, Suffolk, Ulster and Westchester counties;
11 (b) Upstate region - Albany, Allegany, Broome, Cattaraugus, Cayuga,
12 Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware,
13 Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer,
14 Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara,
15 Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Sarato-
16 ga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben,
17 Sullivan, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming and Yates
18 counties.
19 The governor, temporary president of the senate and the speaker of the
20 assembly shall each appoint three regional planning council members per
21 region. Regional planning council members shall serve without compen-
22 sation, and shall have their principal residence within the region for
23 which they are appointed. Such regional council members may solicit
24 input from stakeholder interests within their region, including but not
25 limited to local governments, municipal utilities, rural electric coop-
26 eratives, utilities, labor unions, ratepayers, businesses, trade associ-
27 ations, generators, and community organizations[, and]. Each regional
28 planning council shall transmit to the board a report containing any
29 recommendations specific to [their] its region on a schedule [concurrent
30 with the release] determined by the board to be appropriate for consid-
31 eration of such report in the development of the draft energy plan.
32 3. Staff services shall be performed by personnel of the department of
33 public service, the department of environmental conservation, the
34 department of transportation, the department of economic development,
35 the [state emergency management office] division of homeland security
36 and emergency services and the New York state energy research and devel-
37 opment authority, as directed by the board. Assistance shall also be
38 made available, as requested by the board, from other agencies, depart-
39 ments and public authorities of the state. The board may provide for its
40 own representation in all actions or proceedings in which it is a party.
41 § 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 6-104
42 of the energy law, as added by chapter 433 of the laws of 2009, are
43 amended to read as follows:
44 (a) forecasts for [periods] a minimum period of [five,] ten [and
45 fifteen] years, and for such other periods as the board may determine,
46 of: (i) demand for electricity, natural gas, coal, petroleum products,
47 including heating and transportation fuels, and alternate fuels, includ-
48 ing ethanol and other biofuels, to the extent possible, [for each region
49 of the state, as well as the state as a whole,] taking into account
50 energy conservation, load management and other demand-reducing measures
51 which can be achieved in a cost-effective manner, including the basis
52 for such projection, including an examination of possible alternate
53 levels of demand and discussion of the forecasting methodologies and
54 input variables used in making the forecasts;
55 (ii) energy supply requirements needed to satisfy demand for electric-
56 ity, natural gas, coal, petroleum products, including heating and trans-
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1 portation fuels, and alternate energy sources and fuels, for each region
2 of the state, and for the state as a whole, including with respect to
3 electricity, the amount of capacity needed to provide adequate reserve
4 margins and capacity needed to ensure reliability and competitive
5 markets in the various regions of the state;
6 (iii) an assessment of the ability of the existing energy supply
7 sources and the existing transmission or fuel transportation systems, to
8 satisfy, together with those sources or systems reasonably certain to be
9 available, such energy supply requirements, indicating planned addi-
10 tions, retirements, deratings, substantial planned outages, and any
11 other expected changes in levels of generating and production capacity;
12 (iv) additional electric capacity and/or transmission or fuel trans-
13 portation systems needed to meet such energy supply requirements that
14 will not be met by existing sources of supply and those reasonably
15 certain to be available, where such analysis should identify system
16 constraints and possible alternatives available, both supply-side and
17 demand-side alternatives, including but not limited to distributed
18 generation, energy efficiency and conservation measures, to redress such
19 constraint; and
20 (v) [an inventory of] projected greenhouse emissions [over the five,
21 ten and fifteen year periods, and strategies for facilitating and accel-
22 erating the use of low carbon energy sources and/or carbon mitigation
23 measures].
24 3. [To the extent practicable, and where not otherwise specified, the]
25 The elements of the state energy plan as enumerated in subdivision two
26 of this section shall be provided on a statewide basis [as well as], and
27 as determined feasible and necessary by the board, for the two regions
28 described in subdivision two of section 6-102 of this article.
29 § 3. Paragraph (c) of subdivision 2, the opening paragraph and subpar-
30 agraphs (i) and (ii) of paragraph (a), subparagraphs (i) and (ii) of
31 paragraph (b), and paragraphs (c) and (d) of subdivision 3 of section
32 6-106 of the energy law, as added by chapter 433 of the laws of 2009,
33 are amended and subdivision 3 is amended by adding a new paragraph (e)
34 to read as follows:
35 (c) Public comment hearings, [in] with at least three in each region
36 described in subdivision two of section 6-102 of this article and
37 provide an opportunity to submit written comments, subsequent to the
38 issuance of a draft plan, to obtain views and comments of interested
39 persons on any aspect of, or issue addressed in, such draft plan;
40 [Individually prepared comprehensive] Comprehensive long-range plans
41 for future operations:
42 (i) a forecast of electricity demands over a period [of five, ten and
43 fifteen years] as the board may determine appropriate, including annual
44 in-state electric energy sales and summer and winter peak loads by util-
45 ity service area where applicable, and total any annual in-state elec-
46 tric energy sales and coincident peak load, specifically identifying the
47 extent to which energy conservation, load management and other demand-
48 reducing measures, and electric energy generated by cogeneration, small
49 hydro and alternate energy production facilities, including renewable
50 energy technologies and fuel cells, consumed on site, have been incorpo-
51 rated within such forecast;
52 (ii) a forecast of electricity supply requirements over a period [of
53 five, ten and fifteen years] as the board may determine appropriate, by
54 utility service area where applicable, specifically identifying the
55 reserve margins required for reliable electric service, the transmission
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1 and distribution losses assumed, and the amount of out-of-state sales
2 commitments;
3 (i) a forecast over a period [of five, ten and fifteen years] as the
4 board may determine appropriate, by utility service area, of estimated
5 annual in-state gas sales, winter season sales and peak day sales by
6 appropriate end-use classifications, specifically identifying the extent
7 to which energy conservation measures and the sale of gas owned by
8 persons other than natural gas transmission and distribution utilities
9 have been incorporated within such forecast;
10 (ii) a forecast of gas supply requirements over a period [of five, ten
11 and fifteen years] as the board may determine appropriate, by utility
12 service area, specifically identifying the amounts of gas needed to meet
13 severe weather conditions, lost and unaccounted for gas, out-of-state
14 sales commitments and internal use;
15 (c) Such information from major petroleum suppliers and major coal
16 suppliers as the board may[, by regulation,] require to carry out the
17 purposes of this article.
18 (d) Such other information from owners and operators of electric
19 generating power plants as the board may[, by regulation,] require to
20 carry out the purposes of this article.
21 (e) A single comprehensive submission from industry groups, trade
22 associations, or combinations of such groups and associations in place
23 of submissions by individual member companies.
24 § 4. Subdivision 6 of section 6-106 of the energy law, as added by
25 chapter 433 of the laws of 2009, is amended to read as follows:
26 6. The board may amend the state energy plan, or aspects thereof, upon
27 its own initiative or upon the written application of any interested
28 person. In connection with any such amendment, the board may require the
29 filing of such information as may be required, consistent with regu-
30 lation. Prior to adopting any proposed amendment to an element of the
31 plan identified in subdivision two of section 6-104 of this article, the
32 board shall hold public comment hearings and may hold evidentiary hear-
33 ings[,] upon the written application of an interested party. Prior to
34 adopting a proposed amendment to any element of the plan, the board
35 shall prepare and publish in the state register notice of any draft
36 amendment and reasons therefor and shall solicit public comments there-
37 on. The board shall adopt an amendment to the state energy plan, or
38 aspects thereof, upon a finding by the board that there has been a mate-
39 rial and substantial change in fact or circumstance since the most
40 recent plan was adopted. A decision of the board that no amendment is
41 necessary, together with the reasons supporting such determination,
42 shall be final.
43 § 5. This act shall take effect immediately.
