A. 5877--B 2
TATIVE TO SERVE ON THE BOARD. THE PRESIDING OFFICER OF THE FEDERALLY
DESIGNATED ELECTRIC BULK SYSTEM OPERATOR (BSO) SHALL SERVE AS A NON-VOT-
ING MEMBER OF THE BOARD. ANY DECISION OR ACTION BY THE BOARD SHALL BE BY
MAJORITY VOTE. THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY SHALL SERVE AS CHAIR OF THE BOARD. MEMBERS OF THE
BOARD MAY DESIGNATE AN EXECUTIVE STAFF REPRESENTATIVE TO PARTICIPATE ON
THE BOARD ON THEIR BEHALF.
2. REGIONAL PLANNING COUNCILS SHALL BE ESTABLISHED, WHOSE MEMBERS
SHALL WORK WITH THE STATE ENERGY PLANNING BOARD. REGIONAL PLANNING
COUNCIL MEMBERS SHALL NOT BE CONSIDERED TO BE MEMBERS OF THE STATE ENER-
GY PLANNING BOARD FOR PURPOSES OF PARTICIPATION IN BOARD MEETINGS,
EXCEPT COUNCIL MEMBERS MAY PARTICIPATE AS NON-VOTING MEMBERS WHEN ITEMS
RELATING SPECIFICALLY TO THAT MEMBER'S REGION, AS DETERMINED BY THE
BOARD, ARE ON THE AGENDA OF A BOARD MEETING. TWO REGIONS SHALL BE
ESTABLISHED AS FOLLOWS:
(A) DOWNSTATE REGION - NEW YORK CITY AND DUTCHESS, NASSAU, ORANGE,
PUTNAM, ROCKLAND, SUFFOLK, ULSTER AND WESTCHESTER COUNTIES;
(B) UPSTATE REGION - ALBANY, ALLEGANY, BROOME, CATTARAUGUS, CAYUGA,
CHAUTAUQUA, CHEMUNG, CHENANGO, CLINTON, COLUMBIA, CORTLAND, DELAWARE,
ERIE, ESSEX, FRANKLIN, FULTON, GENESEE, GREENE, HAMILTON, HERKIMER,
JEFFERSON, LEWIS, LIVINGSTON, MADISON, MONROE, MONTGOMERY, NIAGARA,
ONEIDA, ONONDAGA, ONTARIO, ORLEANS, OSWEGO, OTSEGO, RENSSELAER, SARATO-
GA, SCHENECTADY, SCHOHARIE, SCHUYLER, SENECA, ST. LAWRENCE, STEUBEN,
SULLIVAN, TIOGA, TOMPKINS, WARREN, WASHINGTON, WAYNE, WYOMING AND YATES
COUNTIES.
THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY SHALL EACH APPOINT THREE REGIONAL PLANNING COUNCIL MEMBERS PER
REGION. REGIONAL PLANNING COUNCIL MEMBERS SHALL SERVE WITHOUT COMPEN-
SATION, AND SHALL HAVE THEIR PRINCIPAL RESIDENCE WITHIN THE REGION FOR
WHICH THEY ARE APPOINTED. SUCH REGIONAL COUNCIL MEMBERS MAY SOLICIT
INPUT FROM STAKEHOLDER INTERESTS WITHIN THEIR REGION, INCLUDING BUT NOT
LIMITED TO LOCAL GOVERNMENTS, MUNICIPAL UTILITIES, RURAL ELECTRIC COOP-
ERATIVES, UTILITIES, LABOR UNIONS, RATEPAYERS, BUSINESSES, TRADE ASSOCI-
ATIONS, GENERATORS, AND COMMUNITY ORGANIZATIONS, AND SHALL TRANSMIT TO
THE BOARD A REPORT CONTAINING ANY RECOMMENDATIONS SPECIFIC TO THEIR
REGION ON A SCHEDULE CONCURRENT WITH THE RELEASE OF THE DRAFT ENERGY
PLAN.
3. STAFF SERVICES SHALL BE PERFORMED BY PERSONNEL OF THE DEPARTMENT OF
PUBLIC SERVICE, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE
DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
THE STATE EMERGENCY MANAGEMENT OFFICE AND THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, AS DIRECTED BY THE BOARD. ASSIST-
ANCE SHALL ALSO BE MADE AVAILABLE, AS REQUESTED BY THE BOARD, FROM OTHER
AGENCIES, DEPARTMENTS AND PUBLIC AUTHORITIES OF THE STATE. THE BOARD MAY
PROVIDE FOR ITS OWN REPRESENTATION IN ALL ACTIONS OR PROCEEDINGS IN
WHICH IT IS A PARTY.
4. THE BOARD SHALL HAVE THE POWERS: (A) TO ADOPT A STATE ENERGY PLAN
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
(B) TO ADOPT RULES AND REGULATIONS AS NECESSARY OR APPROPRIATE TO
IMPLEMENT THIS ARTICLE;
(C) TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM; AND
(D) TO AUTHORIZE ANY PERSON TO CONDUCT HEARINGS WHICH THE BOARD IS
AUTHORIZED TO CONDUCT, TO TAKE TESTIMONY WITH RESPECT TO THE SUBJECT OR
MATTER UNDER INVESTIGATION, AND TO REPORT THE TESTIMONY TO THE BOARD. IN
THE CONDUCT OF SUCH HEARINGS, ANY PERSON SO AUTHORIZED BY THE BOARD
SHALL HAVE ALL THE POWERS OF THE BOARD.
A. 5877--B 3
5. THE BOARD SHALL IN THE CONSIDERATION AND DEVELOPMENT OF POLICIES,
PROGRAMS, AND OTHER ACTIONS, BE GUIDED BY THE GOALS OF: IMPROVING THE
RELIABILITY OF THE STATE'S ENERGY SYSTEMS; INSULATING CONSUMERS FROM
VOLATILITY IN MARKET PRICES; REDUCING THE OVERALL COST OF ENERGY IN THE
STATE; AND MINIMIZING PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS, IN
PARTICULAR, ENVIRONMENTAL IMPACTS RELATED TO CLIMATE CHANGE. EACH ENER-
GY PLAN SHALL ALSO IDENTIFY POLICIES AND PROGRAMS DESIGNED TO MAXIMIZE
COST-EFFECTIVE ENERGY EFFICIENCY AND CONSERVATION ACTIVITIES TO MEET
PROJECTED DEMAND GROWTH.
(A) THE BOARD SHALL IDENTIFY THE MOST APPROPRIATE STATE AGENCY OR
AUTHORITY WITH THE RESPONSIBILITY FOR IMPLEMENTING OR OVERSEEING SUCH
PRIORITIZED POLICIES AND PROGRAMS.
(B) EACH AGENCY OR AUTHORITY CHARGED WITH IMPLEMENTING A SPECIFIC
POLICY OR PROGRAM IN THE ENERGY PLAN SHALL REPORT TO THE BOARD ANNUALLY
REGARDING THE ORIGINAL GOAL OF SUCH POLICY OR PROGRAM, STEPS THAT HAVE
BEEN TAKEN TO IMPLEMENT SUCH POLICY OR PROGRAM, PROGRESS IN ATTAINING
GOALS, ADJUSTMENTS TO THE PROGRAM OR GOALS AND REASONS WHY ADJUSTMENTS
ARE NEEDED, AND ANTICIPATED DATE OF COMPLETION.
(C) THE BOARD SHALL USE SUCH PROGRESS REPORTS IN THE COMPLETION OF
EACH SUBSEQUENT ENERGY PLAN AND IN EACH OF THE REQUIRED BIENNIAL REPORTS
AS STATED IN SECTION 6-106 OF THIS ARTICLE.
6. THE BOARD SHALL REQUIRE ANY CONTRACTOR OR SUBCONTRACTOR AWARDED A
CONTRACT PURSUANT TO THE PROVISIONS OF THIS ARTICLE TO COMPLY, AND
OTHERWISE EXERCISE ALL OF ITS RESPONSIBILITIES AND CONDUCT ALL OF ITS
ACTIVITIES CONSISTENT WITH THE PROVISIONS OF ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW WITH REGARDS TO THE UTILIZATION AND PARTICIPATION OF
CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES.
S 6-104. STATE ENERGY PLAN. 1. THE BOARD SHALL ADOPT A STATE ENERGY
PLAN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
2. THE STATE ENERGY PLAN SHALL INCLUDE: (A) FORECASTS FOR PERIODS OF
FIVE, TEN AND FIFTEEN YEARS OF: (I) DEMAND FOR ELECTRICITY, NATURAL GAS,
COAL, PETROLEUM PRODUCTS, INCLUDING HEATING AND TRANSPORTATION FUELS,
AND ALTERNATE FUELS, INCLUDING ETHANOL AND OTHER BIOFUELS, TO THE EXTENT
POSSIBLE, FOR EACH REGION OF THE STATE, AS WELL AS THE STATE AS A WHOLE,
TAKING INTO ACCOUNT ENERGY CONSERVATION, LOAD MANAGEMENT AND OTHER
DEMAND-REDUCING MEASURES WHICH CAN BE ACHIEVED IN A COST-EFFECTIVE
MANNER, INCLUDING THE BASIS FOR SUCH PROJECTION, INCLUDING AN EXAMINA-
TION OF POSSIBLE ALTERNATE LEVELS OF DEMAND AND DISCUSSION OF THE FORE-
CASTING METHODOLOGIES AND INPUT VARIABLES USED IN MAKING THE FORECASTS;
(II) ENERGY SUPPLY REQUIREMENTS NEEDED TO SATISFY DEMAND FOR ELECTRIC-
ITY, NATURAL GAS, COAL, PETROLEUM PRODUCTS, INCLUDING HEATING AND TRANS-
PORTATION FUELS, AND ALTERNATE ENERGY SOURCES AND FUELS, FOR EACH REGION
OF THE STATE, AND FOR THE STATE AS A WHOLE, INCLUDING WITH RESPECT TO
ELECTRICITY, THE AMOUNT OF CAPACITY NEEDED TO PROVIDE ADEQUATE RESERVE
MARGINS AND CAPACITY NEEDED TO ENSURE RELIABILITY AND COMPETITIVE
MARKETS IN THE VARIOUS REGIONS OF THE STATE;
(III) AN ASSESSMENT OF THE ABILITY OF THE EXISTING ENERGY SUPPLY
SOURCES AND THE EXISTING TRANSMISSION OR FUEL TRANSPORTATION SYSTEMS, TO
SATISFY, TOGETHER WITH THOSE SOURCES OR SYSTEMS REASONABLY CERTAIN TO BE
AVAILABLE, SUCH ENERGY SUPPLY REQUIREMENTS, INDICATING PLANNED ADDI-
TIONS, RETIREMENTS, DERATINGS, SUBSTANTIAL PLANNED OUTAGES, AND ANY
OTHER EXPECTED CHANGES IN LEVELS OF GENERATING AND PRODUCTION CAPACITY;
(IV) ADDITIONAL ELECTRIC CAPACITY AND/OR TRANSMISSION OR FUEL TRANS-
PORTATION SYSTEMS NEEDED TO MEET SUCH ENERGY SUPPLY REQUIREMENTS THAT
WILL NOT BE MET BY EXISTING SOURCES OF SUPPLY AND THOSE REASONABLY
CERTAIN TO BE AVAILABLE, WHERE SUCH ANALYSIS SHOULD IDENTIFY SYSTEM
A. 5877--B 4
CONSTRAINTS AND POSSIBLE ALTERNATIVES AVAILABLE, BOTH SUPPLY-SIDE AND
DEMAND-SIDE ALTERNATIVES, INCLUDING BUT NOT LIMITED TO DISTRIBUTED
GENERATION, ENERGY EFFICIENCY AND CONSERVATION MEASURES, TO REDRESS SUCH
CONSTRAINT; AND
(V) AN INVENTORY OF PROJECTED GREENHOUSE EMISSIONS OVER THE FIVE, TEN
AND FIFTEEN YEAR PERIODS, AND STRATEGIES FOR FACILITATING AND ACCELERAT-
ING THE USE OF LOW CARBON ENERGY SOURCES AND/OR CARBON MITIGATION MEAS-
URES.
(B) IDENTIFICATION AND ASSESSMENT OF THE COSTS, RISKS, BENEFITS,
UNCERTAINTIES AND MARKET POTENTIAL OF ENERGY SUPPLY SOURCE ALTERNATIVES,
INCLUDING DEMAND-REDUCING MEASURES, RENEWABLE ENERGY RESOURCES OF ELEC-
TRIC GENERATION, DISTRIBUTED GENERATION TECHNOLOGIES, COGENERATION TECH-
NOLOGIES, BIOFUELS AND OTHER METHODS AND TECHNOLOGIES REASONABLY AVAIL-
ABLE FOR SATISFYING ENERGY SUPPLY REQUIREMENTS WHICH ARE NOT REASONABLY
CERTAIN TO BE MET BY THE ENERGY SUPPLY SOURCES IDENTIFIED IN PARAGRAPH
(A) OF THIS SUBDIVISION, PROVIDED THAT SUCH ANALYSIS SHALL INCLUDE THE
FACTORS IDENTIFIED IN PARAGRAPH (D) OF THIS SUBDIVISION;
(C) IDENTIFICATION AND ANALYSIS OF EMERGING TRENDS RELATED TO ENERGY
SUPPLY, PRICE AND DEMAND, INCLUDING TRENDS RELATED TO THE TRANSPORTATION
SECTOR;
(D) AN ASSESSMENT OF CURRENT ENERGY POLICIES AND PROGRAMS, AND THEIR
CONTRIBUTIONS TO ACHIEVING LONG-RANGE ENERGY PLANNING OBJECTIVES INCLUD-
ING, BUT NOT LIMITED TO, THE LEAST COST INTEGRATION OF ENERGY SUPPLY
SOURCES, ENERGY TRANSPORTATION AND DISTRIBUTION SYSTEM AND DEMAND-REDUC-
ING MEASURES FOR SATISFYING ENERGY SUPPLY REQUIREMENTS, GIVING DUE
REGARD TO SUCH FACTORS AS REQUIRED CAPITAL INVESTMENTS, COST, RATEPAYER
IMPACTS, SECURITY AND DIVERSITY OF FUEL SUPPLIES AND GENERATING MODES,
PROTECTION OF PUBLIC HEALTH AND SAFETY, ADVERSE AND BENEFICIAL ENVIRON-
MENTAL IMPACTS, CONSERVATION OF ENERGY AND ENERGY RESOURCES, THE ABILITY
OF THE STATE TO COMPETE ECONOMICALLY, AND ANY OTHER POLICY OBJECTIVES
DEEMED APPROPRIATE;
(E) IN ORDER TO ASSIST THE BOARD IN SUCH EVALUATION, THE POWER AUTHOR-
ITY OF THE STATE OF NEW YORK AND THE LONG ISLAND POWER AUTHORITY SHALL
INDIVIDUALLY SUBMIT TO THE PLANNING BOARD: (I) A STRATEGIC PLAN SPECIFY-
ING THE MISSION AND GOALS OF THE AUTHORITY, THE POLICIES AND PROGRAMS
UTILIZED TO FULFILL SUCH MISSION AND GOALS, AND AN EXPLANATION OF HOW
SUCH POLICIES AND PROGRAMS RELATE TO THE STATE ENERGY PLAN, (II) AN
ANNUAL FIVE-YEAR OPERATING PLAN, AND (III) A TEN-YEAR PROJECTED CAPITAL
BUDGET FOR THEIR RESPECTIVE OPERATIONS. SUCH PLANS SHALL INCLUDE MAJOR
NEW CAPITAL AND PROGRAMMATIC INITIATIVES, AS WELL AS DESCRIPTIONS AND
ACHIEVEMENTS OF EXISTING PROGRAMS, INCLUDING PROGRAM OBJECTIVES AND THE
NUMBERS OF CLIENTS AND/OR CUSTOMERS SERVED FOR EACH SERVICE OR PROGRAM;
(F) AN ANALYSIS OF SECURITY ISSUES, CONSIDERING BOTH NATURAL AND HUMAN
THREATS TO THE STATE'S ENERGY SYSTEMS;
(G) AN ENVIRONMENTAL JUSTICE ANALYSIS;
(H) AN ASSESSMENT OF THE ABILITY OF URBAN PLANNING ALTERNATIVE,
INCLUDING BUT NOT LIMITED TO SMART GROWTH AND MASS TRANSPORTATION
IMPROVEMENTS TO REDUCE ENERGY AND TRANSPORTATION FUEL DEMAND;
(I) AN INVENTORY OF GREENHOUSE GAS EMISSIONS, AND STRATEGIES FOR
FACILITATING AND ACCELERATING THE USE OF LOW CARBON ENERGY SOURCES
AND/OR CARBON MITIGATION MEASURES;
(J) RECOMMENDATIONS, AS APPROPRIATE AND DESIRABLE, FOR ADMINISTRATIVE
AND LEGISLATIVE ACTIONS TO IMPLEMENT SUCH POLICIES, OBJECTIVES AND STRA-
TEGIES;
A. 5877--B 5
(K) ASSESSMENT OF THE IMPACTS OF IMPLEMENTATION OF THE PLAN UPON
ECONOMIC DEVELOPMENT, HEALTH, SAFETY AND WELFARE, ENVIRONMENTAL QUALITY,
AND ENERGY COSTS FOR CONSUMERS, SPECIFICALLY LOW-INCOME CONSUMERS; AND
(L) SUCH ADDITIONAL INFORMATION AS THE BOARD DEEMS APPROPRIATE, SUCH
AS BUT NOT LIMITED TO, INFORMATION DEVELOPED FROM CONSULTATION WITH THE
BSO.
3. TO THE EXTENT PRACTICABLE, AND WHERE NOT OTHERWISE SPECIFIED, THE
ELEMENTS OF THE STATE ENERGY PLAN AS ENUMERATED IN SUBDIVISION TWO OF
THIS SECTION SHALL BE PROVIDED ON A STATEWIDE BASIS AS WELL AS FOR THE
TWO REGIONS DESCRIBED IN SUBDIVISION TWO OF SECTION 6-102 OF THIS ARTI-
CLE.
4. IN THE DEVELOPMENT OF THE STATE ENERGY PLAN THE BOARD SHALL, TO THE
EXTENT PRACTICABLE, TAKE COGNIZANCE OF ANY COMPREHENSIVE RELIABILITY
PLANNING PROCESS UNDERTAKEN BY THE BSO.
5. (A) THE STATE ENERGY PLAN SHALL PROVIDE GUIDANCE FOR ENERGY-RELATED
DECISIONS TO BE MADE BY THE PUBLIC AND PRIVATE SECTORS WITHIN THE STATE.
(B) ANY ENERGY-RELATED ACTION OR DECISION OF A STATE AGENCY, BOARD,
COMMISSION OR AUTHORITY SHALL BE REASONABLY CONSISTENT WITH THE FORE-
CASTS AND THE POLICIES AND LONG-RANGE ENERGY PLANNING OBJECTIVES AND
STRATEGIES CONTAINED IN THE PLAN, INCLUDING ITS MOST RECENT UPDATE;
PROVIDED, HOWEVER, THAT ANY SUCH ACTION OR DECISION WHICH IS NOT REASON-
ABLY CONSISTENT WITH THE PLAN SHALL BE DEEMED IN COMPLIANCE WITH THIS
SECTION, PROVIDED THAT SUCH ACTION OR DECISION INCLUDES A FINDING THAT
THE RELEVANT PROVISIONS OF THE PLAN ARE NO LONGER REASONABLE OR PROBABLE
BASED ON A MATERIAL AND SUBSTANTIAL CHANGE IN FACT OR CIRCUMSTANCE, AND
A STATEMENT EXPLAINING THE BASIS FOR THIS FINDING.
(C) NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF ANY STATE
AGENCY, BOARD, COMMISSION OR AUTHORITY TO DENY AN APPLICATION TO
CONSTRUCT, OPERATE OR MODIFY AN ENERGY FACILITY ON ENVIRONMENTAL OR
PUBLIC HEALTH AND SAFETY GROUNDS, OR THAT ALTERNATE MEANS OF ENERGY
PROCUREMENT OR ALTERNATE LOCATION FOR AN ENERGY FACILITY CAN BE SECURED.
(D) A STATE AGENCY, BOARD, COMMISSION OR AUTHORITY MAY TAKE OFFICIAL
NOTICE OF THE MOST RECENT FINAL STATE ENERGY PLAN ADOPTED BY THE BOARD
PRIOR TO ANY FINAL ENERGY-RELATED DECISION BY SUCH AGENCY, BOARD,
COMMISSION OR AUTHORITY.
S 6-106. CONDUCT OF THE STATE ENERGY PLANNING PROCEEDING. 1. EVERY
FOUR YEARS, THE BOARD SHALL ADOPT A STATE ENERGY PLAN, WHICH ADDRESSES
EACH ITEM IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE
PROVIDED, HOWEVER, THE BOARD MAY ADOPT SUCH A PLAN MORE FREQUENTLY FOR
GOOD CAUSE SHOWN. THE BOARD SHALL PREPARE BIENNIAL REPORTS, EVERY SECOND
YEAR FOLLOWING THE ISSUANCE OF THE FINAL STATE ENERGY PLAN, INCLUDING A
DISCUSSION AND EVALUATION OF THE ABILITY OF THE STATE AND PRIVATE
MARKETS TO IMPLEMENT THE POLICIES, PROGRAMS, AND OTHER RECOMMENDATIONS
AS FOUND IN THE STATE ENERGY PLAN, AND RECOMMENDATIONS FOR NEW OR
AMENDED POLICIES AS NEEDED TO CONTINUE SUCCESSFUL MOVEMENT TOWARDS
IMPLEMENTATION AND REALIZATION OF SUCH POLICIES AND PROGRAMS.
2. THE BOARD SHALL CONDUCT A STATE ENERGY PLANNING PROCEEDING,
CONSISTENT WITH THE NEED TO DEVELOP THE PLAN IN A TIMELY MANNER, WHICH
SHALL PROVIDE FOR THE FOLLOWING AT A MINIMUM:
(A) THE FILING OF INFORMATION BY ENERGY SUPPLIERS AS SPECIFIED IN
SUBDIVISION THREE OF THIS SECTION;
(B) THE PREPARATION AND ISSUANCE OF A DRAFT PLAN, SUBSEQUENT TO THE
FILING OF INFORMATION AS SPECIFIED IN SUBDIVISION THREE OF THIS SECTION,
WHICH SHALL ADDRESS EACH ITEM IDENTIFIED IN SUBDIVISION TWO OF SECTION
6-104 OF THIS ARTICLE;
A. 5877--B 6
(C) PUBLIC COMMENT HEARINGS, IN AT LEAST EACH REGION DESCRIBED IN
SUBDIVISION TWO OF SECTION 6-102 OF THIS ARTICLE AND PROVIDE AN OPPORTU-
NITY TO SUBMIT WRITTEN COMMENTS, SUBSEQUENT TO THE ISSUANCE OF A DRAFT
PLAN, TO OBTAIN VIEWS AND COMMENTS OF INTERESTED PERSONS ON ANY ASPECT
OF, OR ISSUE ADDRESSED IN, SUCH DRAFT PLAN;
(D) EVIDENTIARY HEARINGS MAY BE HELD, AT THE DISCRETION OF THE BOARD,
IN RESPONSE TO A WRITTEN REQUEST BY AN INTERESTED PERSON OR PERSONS
SEEKING TO PROVIDE EVIDENTIARY MATERIAL OR DATA SUBSEQUENT TO THE ISSU-
ANCE OF A DRAFT PLAN, ON ISSUES IDENTIFIED IN SUBDIVISION TWO OF SECTION
6-104 OF THIS ARTICLE; AND
(E) SUBMISSION OF A NOTICE FOR ANY HEARING OR OPPORTUNITY FOR COMMENT
PROVIDED FOR PURSUANT TO THIS SUBDIVISION FOR PUBLICATION WITHIN THE
STATE REGISTER.
3. AS DETERMINED BY THE BOARD IN EACH INSTANCE TO BE APPROPRIATE WITH
RESPECT TO THE PARTICULAR ENTITY OR ENTITIES FROM WHICH INFORMATION, IF
ANY, SHALL BE REQUIRED, THE INFORMATION TO BE PROVIDED TO THE BOARD BY
ENERGY TRANSMISSION AND DISTRIBUTION COMPANIES, ELECTRIC, GAS, OR STEAM
CORPORATIONS, MAJOR ENERGY SUPPLIERS INCLUDING OWNERS OR OPERATORS OF
ELECTRIC GENERATION FACILITIES, COMMODITY AND/OR END-USE ENERGY SERVICE
PROVIDERS, STATE AGENCIES OR AUTHORITIES, INCLUDING THE POWER AUTHORITY
OF THE STATE OF NEW YORK AND THE LONG ISLAND POWER AUTHORITY, AND/OR
OTHERS, SHALL INCLUDE THE FOLLOWING:
(A) INDIVIDUALLY PREPARED COMPREHENSIVE LONG-RANGE PLANS FOR FUTURE
OPERATIONS:
(I) A FORECAST OF ELECTRICITY DEMANDS OVER A PERIOD OF FIVE, TEN AND
FIFTEEN YEARS, INCLUDING ANNUAL IN-STATE ELECTRIC ENERGY SALES AND
SUMMER AND WINTER PEAK LOADS BY UTILITY SERVICE AREA WHERE APPLICABLE,
AND TOTAL ANY ANNUAL IN-STATE ELECTRIC ENERGY SALES AND COINCIDENT PEAK
LOAD, SPECIFICALLY IDENTIFYING THE EXTENT TO WHICH ENERGY CONSERVATION,
LOAD MANAGEMENT AND OTHER DEMAND-REDUCING MEASURES, AND ELECTRIC ENERGY
GENERATED BY COGENERATION, SMALL HYDRO AND ALTERNATE ENERGY PRODUCTION
FACILITIES, INCLUDING RENEWABLE ENERGY TECHNOLOGIES AND FUEL CELLS,
CONSUMED ON SITE, HAVE BEEN INCORPORATED WITHIN SUCH FORECAST;
(II) A FORECAST OF ELECTRICITY SUPPLY REQUIREMENTS OVER A PERIOD OF
FIVE, TEN AND FIFTEEN YEARS, BY UTILITY SERVICE AREA WHERE APPLICABLE,
SPECIFICALLY IDENTIFYING THE RESERVE MARGINS REQUIRED FOR RELIABLE ELEC-
TRIC SERVICE, THE TRANSMISSION AND DISTRIBUTION LOSSES ASSUMED, AND THE
AMOUNT OF OUT-OF-STATE SALES COMMITMENTS;
(III) AN ASSESSMENT OF THE ABILITY OF EXISTING ELECTRICITY SUPPLY
SOURCES, AND THOSE REASONABLY CERTAIN TO BE AVAILABLE, TO SATISFY ELEC-
TRICITY SUPPLY REQUIREMENTS, INCLUDING ELECTRIC GENERATING FACILITIES
WHICH CAN BE RETAINED IN SERVICE BEYOND THEIR ORIGINAL DESIGN LIFE
THROUGH ROUTINE MAINTENANCE AND REPAIRS;
(IV) AN INVENTORY OF: (A) ALL EXISTING ELECTRIC GENERATING AND TRANS-
MISSION FACILITIES INCLUDING THOSE OWNED OR OPERATED BY THE POWER
AUTHORITY OF THE STATE OF NEW YORK AND THE LONG ISLAND POWER AUTHORITY;
(B) ELECTRIC GENERATING AND TRANSMISSION FACILITIES PLANNED OR UNDER
CONSTRUCTION INCLUDING THE POWER AUTHORITY OF THE STATE OF NEW YORK AND
THE LONG ISLAND POWER AUTHORITY, INCLUDING THE DATES FOR COMPLETION AND
OPERATION; (C) THE ANTICIPATED RETIREMENT DATES FOR ANY ELECTRIC GENER-
ATING FACILITIES CURRENTLY OPERATED INCLUDING THOSE OWNED OR OPERATED BY
THE POWER AUTHORITY OF THE STATE OF NEW YORK AND THE LONG ISLAND POWER
AUTHORITY; (D) LAND OWNED OR LEASED INCLUDING THAT OWNED OR LEASED BY
THE POWER AUTHORITY OF THE STATE OF NEW YORK AND THE LONG ISLAND POWER
AUTHORITY AND HELD FOR FUTURE USE AS SITES FOR MAJOR ELECTRIC GENERATING
FACILITIES; AND (E) ELECTRIC GENERATING, TRANSMISSION, AND RELATED
A. 5877--B 7
FACILITIES OPERATED, OR PLANNED TO BE OPERATED, BY OTHERS, TO THE EXTENT
INFORMATION CONCERNING THE SAME IS KNOWN;
(V) RECOMMENDED SUPPLY ADDITIONS AND DEMAND REDUCING MEASURES FOR
SATISFYING THE ELECTRICITY SUPPLY REQUIREMENTS, NOT REASONABLY CERTAIN
TO BE MET BY ELECTRICITY SUPPLY SOURCES IDENTIFIED IN SUBPARAGRAPH (III)
OF THIS PARAGRAPH, INCLUDING THE LIFE EXTENSION OF EXISTING ELECTRIC
GENERATING FACILITIES, AND REASONS THEREFOR;
(VI) A STATEMENT OF RESEARCH AND DEVELOPMENT PLANS, INCLUDING OBJEC-
TIVES AND PROGRAMS IN THE AREAS OF ENERGY CONSERVATION, LOAD MANAGEMENT,
ELECTRIC GENERATION AND TRANSMISSION, NEW ENERGY TECHNOLOGIES AND
POLLUTION ABATEMENT AND CONTROL, WHICH ARE NOT FUNDED THROUGH REGULATORY
REQUIRED PROGRAMS, RECENT RESULTS OF SUCH PROGRAMS UNDERTAKEN OR FUNDED
TO DATE, AND AN ASSESSMENT OF THE POTENTIAL IMPACTS OF SUCH RESULTS;
(VII) A PROJECTION OF ESTIMATED ELECTRICITY PRICES TO CONSUMERS OVER
THE FORECAST PERIOD, AND A SENSITIVITY ANALYSIS OF THAT FORECAST RELAT-
ING TO A NUMBER OF FACTORS INCLUDING FUEL PRICES AND THE LEVELS OF
AVAILABLE CAPACITY AND DEMAND IN THE REGIONS OF THE STATE;
(VIII) A DESCRIPTION OF THE LOAD FORECASTING METHODOLOGY AND THE
ASSUMPTIONS AND DATA USED IN THE PREPARATION OF THE FORECASTS, SPECIF-
ICALLY INCLUDING PROJECTIONS OF DEMOGRAPHIC AND ECONOMIC ACTIVITY AND
SUCH OTHER FACTORS, STATEWIDE AND BY SERVICE AREA, WHICH MAY INFLUENCE
ELECTRICITY DEMAND, AND THE BASES FOR SUCH PROJECTIONS;
(IX) PROPOSED POLICIES, OBJECTIVES AND STRATEGIES FOR MEETING THE
STATE'S FUTURE ELECTRICITY NEEDS; AND
(X) SUCH ADDITIONAL INFORMATION AS THE BOARD MAY, BY REGULATION,
REQUIRE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
(B) ALL PROVIDERS OF NATURAL GAS TRANSMISSION, DISTRIBUTION AND/OR
MARKETING SERVICES TO CUSTOMERS SHALL INDIVIDUALLY PREPARE AND SUBMIT A
COMPREHENSIVE LONG-RANGE PLAN FOR FUTURE OPERATIONS, WHICH SHALL
INCLUDE, AS APPROPRIATE:
(I) A FORECAST OVER A PERIOD OF FIVE, TEN AND FIFTEEN YEARS, BY UTILI-
TY SERVICE AREA, OF ESTIMATED ANNUAL IN-STATE GAS SALES, WINTER SEASON
SALES AND PEAK DAY SALES BY APPROPRIATE END-USE CLASSIFICATIONS, SPECIF-
ICALLY IDENTIFYING THE EXTENT TO WHICH ENERGY CONSERVATION MEASURES AND
THE SALE OF GAS OWNED BY PERSONS OTHER THAN NATURAL GAS TRANSMISSION AND
DISTRIBUTION UTILITIES HAVE BEEN INCORPORATED WITHIN SUCH FORECAST;
(II) A FORECAST OF GAS SUPPLY REQUIREMENTS OVER A PERIOD OF FIVE, TEN
AND FIFTEEN YEARS, BY UTILITY SERVICE AREA, SPECIFICALLY IDENTIFYING THE
AMOUNTS OF GAS NEEDED TO MEET SEVERE WEATHER CONDITIONS, LOST AND UNAC-
COUNTED FOR GAS, OUT-OF-STATE SALES COMMITMENTS AND INTERNAL USE;
(III) AN ASSESSMENT OF THE ABILITY OF EXISTING GAS SUPPLY SOURCES, AND
THOSE REASONABLY CERTAIN TO BE AVAILABLE, TO SATISFY GAS SUPPLY REQUIRE-
MENTS;
(IV) AN INVENTORY OF: (A) ALL EXISTING SUPPLY SOURCES, STORAGE FACILI-
TIES, AND TRANSMISSION FACILITIES WHICH ARE USED IN PROVIDING SERVICE
WITHIN THE STATE, (B) THE TRANSMISSION AND STORAGE FACILITIES UNDER
CONSTRUCTION WHICH WOULD BE USED IN PROVIDING SERVICE WITHIN THE STATE,
THEIR PROJECTED COSTS AND CAPACITIES, INCLUDING PEAKING CAPACITY, (C)
TRANSMISSION FACILITY ADDITIONS PROPOSED TO BE CONSTRUCTED BY NATURAL
GAS TRANSMISSION AND DISTRIBUTION UTILITIES, (D) TRANSMISSION FACILITIES
OPERATED, OR PLANNED TO BE OPERATED, BY OTHERS, TO THE EXTENT INFORMA-
TION CONCERNING THE SAME IS KNOWN;
(V) RECOMMENDED SUPPLY ADDITIONS AND DEMAND-REDUCING MEASURES FOR
SATISFYING THE GAS SUPPLY REQUIREMENTS, NOT REASONABLY CERTAIN TO BE MET
BY GAS SUPPLY SOURCES IDENTIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH
AND THE REASONS THEREFOR;
A. 5877--B 8
(VI) A PROJECTION OF ESTIMATED GAS PRICES TO CONSUMERS OVER THE FORE-
CAST PERIOD, AND A SENSITIVITY ANALYSIS OF THAT FORECAST RELATING TO A
NUMBER OF FACTORS INCLUDING THE LEVELS OF COMMODITY SUPPLY AVAILABILITY,
OF AVAILABLE PIPELINE AND STORAGE CAPACITY, AND OF DEMAND IN THE REGIONS
OF THE STATE;
(VII) A DESCRIPTION OF THE LOAD FORECASTING METHODOLOGY AND THE
ASSUMPTIONS AND DATA USED IN THE PREPARATION OF THE FORECASTS, SPECIF-
ICALLY INCLUDING PROJECTIONS OF DEMOGRAPHIC AND ECONOMIC ACTIVITY AND
SUCH OTHER FACTORS, STATEWIDE AND BY SERVICE AREA WHERE APPLICABLE,
WHICH MAY INFLUENCE DEMAND FOR NATURAL GAS, AND THE BASES FOR SUCH
PROJECTIONS;
(VIII) A STATEMENT OF RESEARCH AND DEVELOPMENT PLANS, INCLUDING OBJEC-
TIVES AND PROGRAMS IN THE AREAS OF ENERGY CONSERVATION AND NEW ENERGY
TECHNOLOGIES, RECENT RESULTS OF SUCH PROGRAMS UNDERTAKEN OR FUNDED TO
DATE, AND AN ASSESSMENT OF THE POTENTIAL IMPACTS OF SUCH RESULTS;
(IX) PROPOSED POLICIES, OBJECTIVES AND STRATEGIES FOR MEETING THE
STATE'S FUTURE GAS NEEDS; AND
(X) SUCH ADDITIONAL INFORMATION AS THE BOARD MAY, BY REGULATION,
REQUIRE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
(C) SUCH INFORMATION FROM MAJOR PETROLEUM SUPPLIERS AND MAJOR COAL
SUPPLIERS AS THE BOARD MAY, BY REGULATION, REQUIRE TO CARRY OUT THE
PURPOSES OF THIS ARTICLE.
(D) SUCH OTHER INFORMATION FROM OWNERS AND OPERATORS OF ELECTRIC
GENERATING POWER PLANTS AS THE BOARD MAY, BY REGULATION, REQUIRE TO
CARRY OUT THE PURPOSES OF THIS ARTICLE.
4. ANY INFORMATION FILED UNDER THIS SECTION THAT IS CLAIMED TO BE
CONFIDENTIAL SHALL BE TREATED IN ACCORDANCE WITH REGULATIONS ADOPTED BY
THE BOARD PERTAINING TO THE DETERMINATION OF CONFIDENTIAL STATUS AND THE
RETENTION OF CONFIDENTIAL RECORDS.
5. COPIES OF THE DRAFT PLAN, AND ALL NON-CONFIDENTIAL INFORMATION AND
COMMENTS FILED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO THE
PUBLIC FOR INSPECTION.
6. THE BOARD MAY AMEND THE STATE ENERGY PLAN, OR ASPECTS THEREOF, UPON
ITS OWN INITIATIVE OR UPON THE WRITTEN APPLICATION OF ANY INTERESTED
PERSON. IN CONNECTION WITH ANY SUCH AMENDMENT, THE BOARD MAY REQUIRE THE
FILING OF SUCH INFORMATION AS MAY BE REQUIRED, CONSISTENT WITH REGU-
LATION. PRIOR TO ADOPTING ANY PROPOSED AMENDMENT TO AN ELEMENT OF THE
PLAN IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE, THE
BOARD SHALL HOLD EVIDENTIARY HEARINGS, UPON THE WRITTEN APPLICATION OF
AN INTERESTED PARTY. PRIOR TO ADOPTING A PROPOSED AMENDMENT TO ANY
ELEMENT OF THE PLAN, THE BOARD SHALL PREPARE AND PUBLISH IN THE STATE
REGISTER NOTICE OF ANY DRAFT AMENDMENT AND REASONS THEREFOR AND SHALL
SOLICIT PUBLIC COMMENTS THEREON. THE BOARD SHALL ADOPT AN AMENDMENT TO
THE STATE ENERGY PLAN, OR ASPECTS THEREOF, UPON A FINDING BY THE BOARD
THAT THERE HAS BEEN A MATERIAL AND SUBSTANTIAL CHANGE IN FACT OR CIRCUM-
STANCE SINCE THE MOST RECENT PLAN WAS ADOPTED. A DECISION OF THE BOARD
THAT NO AMENDMENT IS NECESSARY, TOGETHER WITH THE REASONS SUPPORTING
SUCH DETERMINATION, SHALL BE FINAL.
7. ANY PERSON WHO PARTICIPATED IN THE STATE ENERGY PLANNING PROCEEDING
OR ANY PERSON WHO SOUGHT AN AMENDMENT OF THE STATE ENERGY PLAN PURSUANT
TO SUBDIVISION SIX OF THIS SECTION, MAY OBTAIN, PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES, JUDICIAL REVIEW OF
THE BOARD'S DECISION ADOPTING A PLAN, OR ANY AMENDMENT THERETO, OR OF
THE BOARD'S DECISION NOT TO AMEND SUCH PLAN PURSUANT TO SUBDIVISION SIX
OF THIS SECTION. ANY SUCH SPECIAL PROCEEDING SHALL BE BROUGHT IN THE
APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK FOR THE
A. 5877--B 9
THIRD JUDICIAL DEPARTMENT. SUCH PROCEEDING SHALL BE INITIATED BY THE
FILING OF A PETITION IN SUCH COURT WITHIN THIRTY DAYS AFTER THE ISSUANCE
OF A DECISION BY THE BOARD. THE PROCEEDING SHALL HAVE A LAWFUL PREFER-
ENCE OVER ANY OTHER MATTER, SHALL BE HEARD ON AN EXPEDITED BASIS AND
SHALL BE COMPLETED IN ALL RESPECTS, INCLUDING ANY SUBSEQUENT APPEAL,
WITHIN ONE HUNDRED EIGHTY DAYS OF THE FILING OF THE PETITION. WHERE MORE
THAN ONE SUCH PETITION IS FILED, THE COURT MAY PROVIDE FOR CONSOLIDATION
OF THE PROCEEDINGS. NOTWITHSTANDING THE PROVISIONS OF ARTICLE SEVEN OF
THE PUBLIC SERVICE LAW, THE PROCEDURE SET FORTH IN THIS SECTION SHALL
CONSTITUTE THE EXCLUSIVE MEANS FOR SEEKING JUDICIAL REVIEW OF ANY
ELEMENT OF THE PLAN.
8. PROCEEDINGS CONDUCTED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED PART OF AN ADJUDICATORY PROCEEDING AS DEFINED IN SUBDIVISION THREE
OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, OR
PART OF A RULE MAKING PROCEEDING HELD UNDER SUBDIVISION ONE OF SECTION
TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
S 6-108. SUPPLEMENTAL STUDIES FOR FUTURE ENERGY PLANNING. THE BOARD
SHALL UNDERTAKE THE FOLLOWING STUDIES TO SUPPLEMENT INFORMATION FOR
FUTURE ENERGY PLANNING:
1. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWELVE, AND EVERY FOUR
YEARS THEREAFTER, THE BOARD SHALL UNDERTAKE A STUDY OF THE OVERALL RELI-
ABILITY OF THE STATE'S ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM.
THE BOARD MAY CONTRACT WITH AN INDEPENDENT AND COMPETITIVELY SELECTED
CONTRACTOR TO UNDERTAKE SUCH STUDY. THE BOARD SHALL PREPARE A REPORT ON
SUCH STUDY'S FINDINGS AND LEGISLATIVE RECOMMENDATIONS. THE BOARD SHALL
TRANSMIT SUCH REPORT ALONG WITH THE RELIABILITY STUDY TO THE GOVERNOR,
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIR OF THE ASSEMBLY ENERGY COMMITTEE, AND THE CHAIR OF THE SENATE
ENERGY AND TELECOMMUNICATIONS COMMITTEE.
2. SUCH STUDY SHALL INCLUDE, AT A MINIMUM, AN ASSESSMENT OF EACH OF
THE FOLLOWING:
(A) THE CURRENT AND PROJECTED RELIABILITY OF THE ELECTRIC POWER SYSTEM
OVER THE TERM OF THE PLANNING PERIOD, WITH SPECIFIC FOCUS ON TRANS-
MISSION SYSTEMS AND DISTRIBUTION SYSTEMS WITHIN THE STATE. THE ASSESS-
MENT SHALL EXAMINE: (I) INVESTMENT IN INFRASTRUCTURE, INCLUDING CAPITAL
IMPROVEMENTS, EXPANSIONS, AND MAINTENANCE; AND (II) WORKFORCE UTILIZA-
TION.
(B) THE POTENTIAL IMPACT OF THE FOLLOWING ON DISTRIBUTION SYSTEM RELI-
ABILITY AND ON EACH FACTOR ENUMERATED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION: (I) DISTRIBUTED ELECTRIC GENERATION, ESPECIALLY GENERATION USING
RENEWABLE OR INNOVATIVE ENERGY RESOURCES; (II) ENERGY CONSERVATION AND
EFFICIENCY; (III) LOAD CONTROL AND PEAK SAVING MEASURES; (IV) CORPORATE
REORGANIZATION OF ELECTRIC UTILITIES; (V) PERFORMANCE RATEMAKING,
MULTI-YEAR RATE AGREEMENTS, AND OTHER DEPARTURES FROM TRADITIONAL REGU-
LATORY MECHANISMS; AND (VI) LARGE SCALE INDUSTRIAL DEVELOPMENT.
(C) THE POTENTIAL IMPACT OF THE FOLLOWING ON TRANSMISSION SYSTEM RELI-
ABILITY: (I) EACH FACTOR ENUMERATED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION; (II) CHANGES IN PROTOCOLS FOR ELECTRICITY DISPATCHED THROUGH THE
BSO OR ITS SUCCESSOR OR SUCCESSORS; (III) ACCOMMODATION OF PROPOSED NEW
ELECTRIC GENERATION FACILITIES OR REPOWERING OR LIFE EXTENSION OF EXIST-
ING FACILITIES; AND (IV) THE MARKET-DRIVEN NATURE OF DECISIONS TO BUILD,
SIZE, AND LOCATE SUCH FACILITIES.
3. THE BOARD AND ANY CONTRACTORS IT MAY RETAIN FOR SUCH PURPOSES SHALL
CONSULT WITH ENTITIES THAT HAVE RESOURCES AND EXPERTISE TO ASSIST IN
SUCH STUDY, INCLUDING, BUT NOT LIMITED TO, THE BSO, PUBLIC UTILITIES,
AND ANY OTHER ELECTRIC COMPANY OR TRADE ORGANIZATIONS.
A. 5877--B 10
(A) THE LONG ISLAND POWER AUTHORITY, THE POWER AUTHORITY OF THE STATE
OF NEW YORK, THE DEPARTMENT OF PUBLIC SERVICE, AND THE BSO SHALL COOPER-
ATE WITH THE BOARD AND ITS CONTRACTOR.
(B) THE LONG ISLAND POWER AUTHORITY AND THE POWER AUTHORITY OF THE
STATE OF NEW YORK ARE AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY
THEIR RESPECTIVE BOARDS, TO MAKE A VOLUNTARY CONTRIBUTION TOWARD THE
STUDY.
S 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 16 to read as follows:
16. TO COMPLETE A BIENNIAL ENERGY PLAN IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE SIX OF THE ENERGY LAW. IN ADDITION TO ANY REQUIRE-
MENTS OF ARTICLE SIX OF THE ENERGY LAW, THE AUTHORITY SHALL PROVIDE
COPIES OF ITS BIENNIAL ENERGY PLAN TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE ASSEM-
BLY COMMITTEE ON ENERGY AND THE CHAIR OF THE SENATE COMMITTEE ON ENERGY
AND TELECOMMUNICATIONS. FURTHER, THE AUTHORITY SHALL COOPERATE AND
PARTICIPATE IN THE STATE ENERGY PLANNING PROCEDURES AS ENUMERATED IN
ARTICLE SIX OF THE ENERGY LAW.
S 3. Sections 1020-gg, 1020-hh and 1020-ii of the public authorities
law, as renumbered by chapter 234 of the laws of 2004, are renumbered
sections 1020-hh, 1020-ii and 1020-jj and a new section 1020-gg is added
to read as follows:
S 1020-GG. ENERGY PLAN. THE AUTHORITY SHALL COMPLETE A BIENNIAL ENERGY
PLAN IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIX OF THE ENERGY LAW.
IN ADDITION TO ANY REQUIREMENTS OF ARTICLE SIX OF THE ENERGY LAW, THE
AUTHORITY SHALL PROVIDE COPIES OF ITS BIENNIAL ENERGY PLAN TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
THE CHAIR OF THE ASSEMBLY COMMITTEE ON ENERGY AND THE CHAIR OF THE
SENATE COMMITTEE ON ENERGY AND TELECOMMUNICATIONS. FURTHER, THE AUTHORI-
TY SHALL COOPERATE AND PARTICIPATE IN THE STATE ENERGY PLANNING PROCE-
DURES AS ENUMERATED IN ARTICLE SIX OF THE ENERGY LAW.
S 4. The first draft copy of the state energy plan pursuant to section
6-104 of the energy law shall be presented for public comment on or
before September 1, 2012 and the final draft of such plan shall be
issued on or before March 15, 2013.
S 5. This act shall take effect immediately.