Senate Bill S2501

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2501--A                                            A. 5877--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 20, 2009
                               ___________

IN  SENATE -- Introduced by Sen. PARKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Energy  and
  Telecommunications  --  committee  discharged,  bill  amended, ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- 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. EDDING-
  TON, JACOBS, SPANO -- read once and referred to the Committee on Ener-
  gy -- 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:

  Section 1. The energy law is amended by adding a new article 6 to read
as follows:
                                ARTICLE 6
                             ENERGY PLANNING
SECTION 6-102. STATE ENERGY PLANNING BOARD.
        6-104. STATE ENERGY PLAN.
        6-106. CONDUCT OF THE STATE ENERGY PLANNING PROCEEDING.
        6-108. SUPPLEMENTAL STUDIES FOR FUTURE ENERGY PLANNING.
  S 6-102. STATE ENERGY PLANNING BOARD. 1. THERE SHALL BE ESTABLISHED  A
STATE  ENERGY  PLANNING  BOARD,  HEREINAFTER REFERRED TO AS THE "BOARD",
WHICH SHALL CONSIST OF THE CHAIR OF THE PUBLIC SERVICE  COMMISSION,  THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF ECONOMIC
DEVELOPMENT,  THE  COMMISSIONER  OF  TRANSPORTATION, THE COMMISSIONER OF
LABOR, THE DIRECTOR OF THE STATE EMERGENCY MANAGEMENT OFFICE, THE  CHAIR
OF THE CONSUMER PROTECTION BOARD, THE COMMISSIONER OF HEALTH, THE PRESI-
DENT  OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, THE SECRETARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05420-04-9
              

S. 2501--A                          2                         A. 5877--A

OF STATE AND THE PRESIDENT OF THE NEW YORK  STATE  ENERGY  RESEARCH  AND
DEVELOPMENT  AUTHORITY.    THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND
THE TEMPORARY PRESIDENT OF THE SENATE SHALL EACH APPOINT  ONE  REPRESEN-
TATIVE  TO  SERVE  ON THE BOARD.  THE PRESIDING OFFICER OF THE FEDERALLY
DESIGNATED REGIONAL TRANSMISSION ORGANIZATION (RTO)  SHALL  SERVE  AS  A
NON-VOTING  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 BOARDS SHALL BE ESTABLISHED, WHOSE MEMBERS SHALL
WORK WITH THE STATE ENERGY PLANNING BOARD AND SHALL VOTE AND BE  COUNTED
FOR  QUORUM  PURPOSES  ONLY WHEN THE FULL STATE ENERGY PLANNING BOARD IS
ACTING ON RECOMMENDATIONS  RELATING  SOLELY  TO  THE  REGIONAL  MEMBERS'
RESPECTIVE  REGION. REGIONAL PLANNING BOARD MEMBERS SHALL NOT BE CONSID-
ERED TO BE MEMBERS OF THE STATE ENERGY PLANNING BOARD  FOR  PURPOSES  OF
PARTICIPATION  IN  BOARD  MEETINGS,  EXCEPT WHERE ITEMS RELATING SPECIF-
ICALLY TO THAT MEMBER'S REGION, AS DETERMINED BY THE BOARD, ARE  ON  THE
AGENDA  OF  A  BOARD  MEETING.  THREE  REGIONS  SHALL  BE ESTABLISHED AS
FOLLOWS:
  (A) DOWNSTATE REGION - NEW YORK CITY AND ORANGE, ULSTER, PUTNAM, ROCK-
LAND, WESTCHESTER, DUTCHESS, NASSAU AND SUFFOLK COUNTIES;
  (B) EASTERN REGION - DELAWARE, SULLIVAN,  COLUMBIA,  ALBANY,  CLINTON,
ESSEX,  FRANKLIN,  FULTON, GREENE, HAMILTON, MONTGOMERY, OTSEGO, RENSSE-
LAER, SARATOGA, SCHENECTADY, SCHOHARIE, WARREN, AND WASHINGTON COUNTIES;
  (C) CENTRAL AND WESTERN REGION - BROOME,  CAYUGA,  CHEMUNG,  CHENANGO,
CORTLAND, HERKIMER, JEFFERSON, LEWIS, LIVINGSTON, MADISON, MONROE, ONEI-
DA,  ONONDAGA, ONTARIO, OSWEGO, SCHUYLER, SENECA, ST. LAWRENCE, STEUBEN,
TIOGA, TOMPKINS, WAYNE, YATES COUNTIES, ALLEGANY, CATTARAUGUS,  CHAUTAU-
QUA, ERIE, GENESEE, NIAGARA, ORLEANS, AND WYOMING COUNTIES;
  THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY  SHALL  EACH  APPOINT  TWO  REGIONAL PLANNING BOARD MEMBERS PER
REGION.  REGIONAL PLANNING BOARD MEMBERS  SHALL  SERVE  WITHOUT  COMPEN-
SATION,  AND  SHALL HAVE THEIR PRINCIPAL RESIDENCE WITHIN THE REGION FOR
WHICH THEY ARE APPOINTED. SUCH REGIONAL BOARD MEMBERS MAY SOLICIT  INPUT
FROM STAKEHOLDER INTERESTS WITHIN THEIR REGION, INCLUDING BUT NOT LIMIT-
ED  TO  LOCAL  GOVERNMENTS,  UTILITIES,  LABOR UNIONS, RATEPAYERS, BUSI-
NESSES, TRADE ASSOCIATIONS, 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

S. 2501--A                          3                         A. 5877--A

  (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.
  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
SHALL OTHERWISE EXERCISE ALL OF ITS RESPONSIBILITIES AND CONDUCT ALL  OF
ITS  ACTIVITIES  CONSISTENT  WITH  THE PROVISIONS OF ARTICLE 15-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 TWENTY 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-

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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
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 TWENTY 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;

S. 2501--A                          5                         A. 5877--A

  (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;
  (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
RTO.
  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
THREE REGIONS DESCRIBED IN SUBDIVISION TWO  OF  SECTION  6-102  OF  THIS
ARTICLE.
  4. (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;

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  (B) THE PREPARATION AND ISSUANCE OF A DRAFT PLAN,  SUBSEQUENT  TO  THE
FILING OF INFORMATION BY ENERGY SUPPLIERS, WHICH SHALL ADDRESS EACH ITEM
IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE;
  (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.  INFORMATION TO BE PROVIDED BY ENERGY TRANSMISSION AND DISTRIBUTION
COMPANIES, MAJOR ENERGY SUPPLIERS INCLUDING OWNERS OR OPERATORS OF ELEC-
TRIC  GENERATION  FACILITIES,  STATE  AGENCIES  OR  AUTHORITIES,  AND/OR
OTHERS, AS DETERMINED BY THE BOARD SHALL INCLUDE THE FOLLOWING:
  (A)  FOR  ALL  PROVIDERS  OF  ELECTRIC  TRANSMISSION  AND DISTRIBUTION
SERVICES TO CUSTOMERS, INCLUDING THE POWER AUTHORITY OF THE STATE OF NEW
YORK AND THE LONG ISLAND POWER AUTHORITY, INDIVIDUALLY PREPARED  COMPRE-
HENSIVE LONG-RANGE PLANS FOR FUTURE OPERATIONS:
  (I)  A  FORECAST OF ELECTRICITY DEMANDS OVER A PERIOD OF FIVE, TEN AND
TWENTY YEARS, INCLUDING ANNUAL IN-STATE ELECTRIC ENERGY SALES AND SUMMER
AND WINTER PEAK LOADS BY UTILITY SERVICE AREA, AND TOTAL 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 RENEW-
ABLE  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 TWENTY YEARS, BY UTILITY SERVICE AREA, SPECIFICALLY IDEN-
TIFYING THE RESERVE MARGINS REQUIRED FOR RELIABLE ELECTRIC 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 UNDER CONSTRUCTION
INCLUDING THE POWER AUTHORITY OF THE STATE OF  NEW  YORK  AND  THE  LONG
ISLAND  POWER  AUTHORITY,  INCLUDING THE DATES FOR COMPLETION AND OPERA-
TION; (C) THE ANTICIPATED RETIREMENT DATES FOR ANY  ELECTRIC  GENERATING
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

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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 TWENTY YEARS, BY UTILITY
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 TWENTY 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;

S. 2501--A                          8                         A. 5877--A

  (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, 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 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
THIRD JUDICIAL DEPARTMENT. SUCH PROCEEDING SHALL  BE  INITIATED  BY  THE

S. 2501--A                          9                         A. 5877--A

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 DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, AND EVERY
FOUR YEARS THEREAFTER, THE BOARD SHALL UNDERTAKE A STUDY OF THE  OVERALL
RELIABILITY  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
RTO  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 SHALL CONSULT  WITH  ENTITIES  THAT  HAVE  RESOURCES  AND
EXPERTISE  TO  ASSIST  IN SUCH INVESTIGATION, INCLUDING, BUT NOT LIMITED
TO, THE RTO, PUBLIC UTILITIES, AND ANY OTHER ELECTRIC COMPANY  OR  TRADE
ORGANIZATIONS.

S. 2501--A                         10                         A. 5877--A

  (A)  THE LONG ISLAND POWER AUTHORITY, THE POWER AUTHORITY OF THE STATE
OF NEW YORK, THE DEPARTMENT OF PUBLIC SERVICE, AND RTO OR ITS  SUCCESSOR
OR SUCCESSORS SHALL COOPERATE 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
INVESTIGATION.
  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 January 1, 2013.
  S 5. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2501--B
    Cal. No. 160

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by Sens. PARKER, THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications   --   committee   discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- reported favorably from said committee,  ordered  to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading

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:

  Section 1. The energy law is amended by adding a new article 6 to read
as follows:
                                ARTICLE 6
                             ENERGY PLANNING
SECTION 6-102. STATE ENERGY PLANNING BOARD.
        6-104. STATE ENERGY PLAN.
        6-106. CONDUCT OF THE STATE ENERGY PLANNING PROCEEDING.
        6-108. SUPPLEMENTAL STUDIES FOR FUTURE ENERGY PLANNING.
  S 6-102. STATE ENERGY PLANNING BOARD. 1. THERE SHALL BE ESTABLISHED  A
STATE  ENERGY  PLANNING  BOARD,  HEREINAFTER REFERRED TO AS THE "BOARD",
WHICH SHALL CONSIST OF THE CHAIR OF THE PUBLIC SERVICE  COMMISSION,  THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF ECONOMIC
DEVELOPMENT,  THE  COMMISSIONER  OF  TRANSPORTATION, THE COMMISSIONER OF
LABOR, THE DIRECTOR OF THE STATE EMERGENCY MANAGEMENT OFFICE, THE  CHAIR
OF THE CONSUMER PROTECTION BOARD, THE COMMISSIONER OF HEALTH, THE PRESI-
DENT  OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION, THE SECRETARY
OF STATE AND THE PRESIDENT OF THE NEW YORK  STATE  ENERGY  RESEARCH  AND
DEVELOPMENT  AUTHORITY.    THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND
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

S. 2501--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.

S. 2501--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

S. 2501--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;

S. 2501--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;

S. 2501--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

S. 2501--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;

S. 2501--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

S. 2501--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.

S. 2501--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.