Senate Bill S3914

Signed By Governor

2011-2012 Legislative Session

Relates to the composition, responsibilities and discretion of the state energy planning board and makes technical changes related thereto

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 20, 2011	signed chap.195
Jul 08, 2011	delivered to governor
Jun 20, 2011	returned to senate passed assembly ordered to third reading rules cal.540 substituted for a8316
Jun 16, 2011	referred to ways and means delivered to assembly passed senate
Jun 13, 2011	amended on third reading 3914a
Mar 31, 2011	advanced to third reading
Mar 30, 2011	2nd report cal.
Mar 29, 2011	1st report cal.276
Mar 09, 2011	referred to energy and telecommunications

Votes

- Jun 16, 2011 - Floor Vote
  S3914
  
  Aye
  
  62
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 16, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Mar 29, 2011 - Energy And Telecommunications Committee Vote
  S3914
  
  Aye
  
  9
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Energy And Telecommunications Committee Vote: Mar 29, 2011
      
      aye (9)
      
      Alesi
      
      Fuschillo
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Maziarz
      
      O'Mara
      
      Ritchie
      
      Robach
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Adams
      
      Kruger

Bill Amendments

2011-S3914 - Details

Law Section:: Energy Law
Laws Affected:: Amd §§6-102, 6-104, 6-106 & 6-108, Energy L

2011-S3914 - Summary

Relates to the composition, responsibilities and discretion of the state energy planning board and makes technical changes related thereto.

2011-S3914 - Sponsor Memo

                                BILL NUMBER:S3914

TITLE OF BILL:

An act
to amend the energy law, in relation to the composition,
responsibilities and discretion of the state energy planning board and
making technical changes related thereto

PURPOSE OF BILL:

This bill would amend the State energy planning law contained in
Article 6 of the Energy Law, which was added by chapter 433 of the
laws of2009, to streamline the operations of the State Energy
Planning Board (Board) and streamline the energy planning process to
reduce costs and increase the Board's efficiency.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Energy Law § 6-102 to remove the
President of the New York State Urban Development Corporation (UDC)
and the Presiding Officer of the Bulk System Operator (BSO) as
members of the Board. The BSO would serve in a consulting role.
Section 1 also clarifies that each of the two Regional Planning
Councils would have an advisory role in the energy planning process
through submission of a report to the Board.

Section 2 of the bill would amend Energy Law § 6-104, which currently
requires forecasts of energy supply and demand for five, ten and
fifteen years. The amendment would allow the Board to determine the
appropriate forecast period. In addition, section 6-104 currently
requires forecasts for each region of the State as well as the State
as a whole. The amendment would require regional analyses only if the
Board determines it to be feasible and necessary. Section 6-104 also
currently provides that energy-related decisions of a State agency,
board, commission or authority shall be reasonably consistent with
the energy plan and any such decision which is not reasonably
consistent with the plan shall be deemed in compliance provided the
agency, board, commission or authority makes a finding that the
relevant provisions of the plan "are no longer reasonable or
probable." The amendment would replace the finding requirement with a
provision that no decision of an agency, board, commission or
authority shall be deemed by a court to be unreasonably inconsistent
with the plan unless the Board makes a determination to that effect.
This amendment is consistent with the prior Article 6 of the Energy
Law which sunset in 2003.

Section 3 of the bill would amend Energy Law § 6-106 to make changes
conforming to the changes in section 2 of the bill relating to energy
forecasting periods. Section 3 would also allow the Board to require
a single comprehensive submission of the statutorily required

information from industry or trade groups of utilities and major
energy suppliers, rather than individual submissions from their
members.

Section 4 of the bill would amend Energy Law § 6-106(6) to require the
Board to hold public comment hearings prior to adopting an amendment
to the energy plan, but to make evidentiary hearings, if requested,
discretionary, rather than mandatory.

Section 5 of the bill would amend Energy Law § 6-108 to make certain
additional studies, including studies of the reliability of the
electric power system, discretionary rather than mandatory.

Section 6 of the bill would provide for an immediate effective date.

EXISTING LAW:

Article 6 of the Energy Law was created by chapter 433 of the laws
of 2009. It reenacts much of the prior Article 6 which sunset in 2003.
Chapter 433 established the new State Energy Planning Board, requires
the Board to adopt a new State Energy Plan by March 15, 2013, and
established the process by which the new Energy Plan is to be
developed.

PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

Chapter 433 of the Laws of 2009 established an independent energy
planning board, to create a comprehensive and permanent energy
planning process in New York, and thereby to promote energy
independence. This bill would maintain the central elements of
Chapter 433, while making certain technical changes that would
streamline the planning process, reduce the burden the planning
process currently places on state agencies, and ensure that the Board
can focus its efforts on the most important aspects of the energy
planning process.

First, it would streamline the Board, by removing the UDC President of
the New York and the Presiding Officer of the BSO. The UDC interests
on the Board will be represented by the Commissioner of Economic
Development, who is also a Board member. While input from the BSO
will be essential in developing future energy plans, the BSO is
essentially a market participant, and given the Board's
responsibility to establish energy policy for the electricity and
other energy sectors, including the BSO on the Board potentially
raises conflict of interest issues.
Continued BSO participation on the Board would permit one industry
sector (electricity) to participate in Board deliberations, without

permitting similar participation from other industry groups, such as
the natural gas or energy services industry sectors.

Second, the bill makes clear that the role of Regional Planning
Councils on the Board is advisory. While input from Regional Planning
Councils will help to provide focus on more granular level energy
system needs, it would be difficult and unwieldy to add up to an
additional 18 non-voting members to the Board as current law
provides. To provide this participation at the optimal level, the
Regional Planning Councils' are best suited as facilitators, to
identify and
coalesce regional needs, and present to the Board for consideration a
report and recommendations specific to their regions on a schedule to
be determined by the Board.

Third, the bill would give the Board discretion to determine the
forecast period for the Plan and to require comprehensive group
submissions from electric and from utilities. This will eliminate the
potential for unnecessary studies and effort. Finally, the bill would
return to language in previous energy planning laws requiring the
Board to determine whether an agency action is inconsistent with the
Energy Plan. This amendment will provide adequate protections to
ensure that the Energy Plan policies are adequately carried out, but
will relieve State agencies from the requirement to produce
unnecessary, time consuming and costly consistency analyses.

BUDGET IMPLICATIONS:

The bill is expected to produce modest savings to NYSERDA and the
agencies of the ex officio members.

EFFECTIVE DATE:

The bill would take effect immediately.

2011-S3914 - Bill Text download pdf

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

                                  3914

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by Sen. MAZIARZ -- (at request of the Energy Research Devel-
  opment Authority) -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Energy and Telecommunications

AN  ACT to amend the energy law, in relation to the composition, respon-
  sibilities and discretion of  the  state  energy  planning  board  and
  making technical changes related thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1 and 2 of section 6-102 of the energy law, as
added by chapter 433 of the  laws  of  2009,  are  amended  to  read  as
follows:
  1.  There  shall be established a state energy planning board, herein-
after referred to as the "board", which shall consist of  the  chair  of
the public service commission, the commissioner of environmental conser-
vation,  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 president 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 gover-
nor,  the  speaker  of  the  assembly and the temporary president of the
senate shall each appoint one ADDITIONAL representative to serve on  the
board.  [The presiding officer of the federally designated electric bulk
system operator (BSO) shall serve as a non-voting member of the  board.]
Any decision or action by the board shall be by majority vote. The pres-
ident  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 coun-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09199-03-1

S. 3914                             2

cil  members  shall  not be considered to be members of the state energy
planning board for purposes of participation in board  meetings,  except
council  members may participate as non-voting members when items relat-
ing  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]. EACH REGIONAL
PLANNING COUNCIL shall transmit to the board  a  report  containing  any
recommendations specific to [their] ITS region on a schedule [concurrent
with  the release] DETERMINED BY THE BOARD TO BE APPROPRIATE FOR CONSID-
ERATION OF SUCH REPORT IN THE DEVELOPMENT of the draft energy plan.
  S 2. Paragraphs (a) and (l) of subdivision 2, subdivisions  3  and  4,
and  paragraph  (b) of subdivision 5 of section 6-104 of the energy law,
as added by chapter 433 of the laws of 2009,  are  amended  to  read  as
follows:
  (a)  forecasts  for  [periods]  A  MINIMUM  PERIOD of [five,] ten [and
fifteen] years, OR FOR SUCH OTHER PERIODS AS THE  BOARD  MAY  DETERMINE,
of:  (i)  demand for electricity, natural gas, coal, petroleum products,
including heating and transportation fuels, and alternate fuels, includ-
ing 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  examination of possible alternate
levels of demand and discussion of  the  forecasting  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-

S. 3914                             3

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 fifteen year periods, and strategies for facilitating and accel-
erating the use of low carbon energy sources  and/or  carbon  mitigation
measures].
  (l)  Such  additional information as the board deems appropriate, such
as but not limited to, information developed from consultation with  the
[BSO] ELECTRIC BULK SYSTEM OPERATOR.
  3. [To the extent practicable, and where not otherwise specified, the]
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], AND
AS DETERMINED FEASIBLE AND NECESSARY BY THE BOARD, for the  two  regions
described in subdivision two of section 6-102 of this article.
  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] ELECTRIC BULK SYSTEM OPERATOR.
  (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
reasonably  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  circum-
stance,  and  a statement explaining the basis for this finding] THAT NO
SUCH ACTION OR DECISION SHALL BE DEEMED BY A COURT OF LAW TO  BE  UNREA-
SONABLY INCONSISTENT WITH SUCH FORECASTS, POLICIES, OBJECTIVES AND STRA-
TEGIES, UNDER THIS OR ANY OTHER PROVISION OF LAW, UNLESS A DETERMINATION
TO THIS EFFECT IS MADE BY THE BOARD UPON ITS OWN INITIATIVE OR FOLLOWING
THE REFERRAL OF THE ISSUE TO THE BOARD BY A COURT AFTER THE COMMENCEMENT
OF A PROCEEDING CHALLENGING SUCH ACTION.
  S 3. The opening paragraph and subparagraphs (i) and (ii) of paragraph
(a), subparagraphs (i) and (ii) of paragraph (b), and paragraphs (c) and
(d)  of  subdivision  3  of section 6-106 of the energy law, as added by
chapter 433 of the laws of 2009, are amended and a new paragraph (e)  is
added to read as follows:
  [Individually  prepared  comprehensive] COMPREHENSIVE long-range plans
for future operations:
  (i) a forecast of electricity demands over a period [of five, ten  and
fifteen  years] AS THE BOARD MAY DETERMINE APPROPRIATE, including annual
in-state electric energy sales and summer and winter peak loads by util-
ity service area where applicable, and total any annual  in-state  elec-
tric 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

S. 3914                             4

energy technologies and fuel cells, consumed on site, have been incorpo-
rated within such forecast;
  (ii)  a  forecast of electricity supply requirements over a period [of
five, ten and fifteen years] AS THE BOARD MAY DETERMINE APPROPRIATE,  by
utility  service  area  where  applicable,  specifically identifying the
reserve margins required for reliable electric service, the transmission
and distribution losses assumed, and the amount  of  out-of-state  sales
commitments;
  (i)  a  forecast over a period [of five, ten and fifteen years] AS THE
BOARD MAY DETERMINE APPROPRIATE, by utility service area,  of  estimated
annual  in-state  gas  sales,  winter season sales and peak day sales by
appropriate end-use classifications, specifically 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] AS THE BOARD MAY DETERMINE  APPROPRIATE,  by  utility
service area, specifically identifying the amounts of gas needed to meet
severe  weather  conditions,  lost and unaccounted for gas, out-of-state
sales commitments and internal use;
  (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.
  (E) A SINGLE COMPREHENSIVE  SUBMISSION  FROM  INDUSTRY  GROUPS,  TRADE
ASSOCIATIONS,  OR  COMBINATIONS OF SUCH GROUPS AND ASSOCIATIONS IN PLACE
OF SUBMISSIONS BY INDIVIDUAL MEMBER COMPANIES.
  S 4. Subdivision 6 of section 6-106 of the energy  law,  as  added  by
chapter 433 of the laws of 2009, is amended to read as follows:
  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 PUBLIC COMMENT HEARINGS AND MAY HOLD evidentiary  hear-
ings[,]  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  there-
on.  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 mate-
rial and substantial change in  fact  or  circumstance  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.
  S  5.    The  opening paragraph of section 6-108 of the energy law, as
added by chapter 433 of the laws of 2009, is amended to read as follows:
  The board shall undertake the following studies AND OTHER  STUDIES  OR
REPORTS to supplement information for future energy planning AS IT DEEMS
NECESSARY:
  S 6. This act shall take effect immediately.

2011-S3914A (ACTIVE) - Details

Law Section:: Energy Law
Laws Affected:: Amd §§6-102, 6-104, 6-106 & 6-108, Energy L

2011-S3914A (ACTIVE) - Summary

Relates to the composition, responsibilities and discretion of the state energy planning board and makes technical changes related thereto.

2011-S3914A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3914A

TITLE OF BILL:

An act
to amend the energy law, in relation to the composition,
responsibilities and discretion of the state energy planning board and
making technical changes related thereto

PURPOSE OF BILL:

This bill would amend the state energy planning law, as added by
chapter 433 of the laws of 2009, to change the composition of the
energy planning board and streamline its operations.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Energy Law § 6-102 to remove the
President of the New York State Urban Development Corporation, the
director of the state emergency management office and the chair of
the consumer protection board and add the commissioner of the
division of homeland security and the commissioner of agriculture and
markets as members of the Board. Section 1 also clarifies that each
of the two Regional Planning Councils would have an advisory role in
the energy planning process implemented through submission of a
report to the Board. Section 1 also adds the division of homeland

security to the list of agencies providing staff services to the Board.

Section 2 would amend Energy Law § 6-104, which currently requires
forecasts of energy supply and demand for five, ten and fifteen
years. The amendment would allow the Board to determine the
appropriate forecast period. In addition, § 6-104 currently requires
forecasts for each region of the state as well as the state as a
whole. The amendment would require regional analyses only if the
Board determines it to be feasible and necessary.

Section 3 of the bill would amend Energy Law § 6-106 to require at
least three public hearings on the draft state energy plan in each of
the two regions defined in §6-102. Section 3 would also make changes
conforming to the changes in section 2 of the bill relating to energy
forecasting periods. Section 3 would also allow the Board to require
a single comprehensive submission of required information from
industry or trade groups of utilities and major energy suppliers,
rather than individual submissions from their members.

Section 4 of the bill would amend Energy Law §6-106(6) to require the
Board to hold public comment hearings prior to adopting an amendment
to the energy plan, but to make evidentiary hearings, if requested,
discretionary, rather than mandatory.

Section 5 of the bill would provide for an immediate effective date.

EXISTING LAW:

Article 6 of the Energy Law was created by chapter 433 of the laws of
2009. It reenacts much of the prior Article 6 which sunset in 2003.


Chapter 433 established the new State Energy Planning Board, requires
the Board to adopt a new State Energy Plan by March 15, 2013, and
established the process by which the new Energy Plan is to be
developed.

PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

STATEMENT IN SUPPORT:

Chapter 433 of the Laws of 2009 established an independent energy
planning board, to create a comprehensive and permanent energy
planning process in New York, and thereby to promote energy
independence. This bill would maintain the central elements of
Chapter 433, while making certain technical changes that would
streamline the planning process, reduce the burden the planning
process currently places on state agencies, and ensure that the Board
can focus its efforts on the most important aspects of the energy
planning process.

First, it would streamline the Board, by removing the President of the
New York UDC, the director of the state emergency management office
and the chair of the consumer protection board and adding the
commissioner of the division of homeland security and the
commissioner of agriculture and markets. The UDC interests on the
Board will be represented by the Commissioner of Economic
Development, who is also a Board member. Participation by the
commissioner of agriculture and markets will be important to
represent the interest of that important sector.

Second, the bill makes clear that the role of Regional Planning
Councils on the Board is advisory. While input from the Regional
Planning Councils will help to provide focus on more granular level
energy system needs, it would be difficult and unwieldy to add up to
an additional 18 non-voting members to the Board as current law
provides. To provide this participation at the optimal level, the
Regional Planning Councils are best suited as facilitators, to
identify and coalesce regional needs, and present to the Board for
consideration a report and recommendations specific to their regions
on a schedule to be determined by the Board.

Third, the bill would give the Board discretion to determine the
forecast period for the Plan and to require comprehensive group
submissions from electric and from utilities. This will eliminate the
potential for unnecessary studies and effort.

BUDGET IMPLICATIONS:

The bill is expected to produce modest savings to NYSERDA and the
agencies of the ex officio members.

EFFECTIVE DATE:

The bill would take effect immediately.

2011-S3914A (ACTIVE) - Bill Text download pdf

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

                                 3914--A
    Cal. No. 276

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by Sen. MAZIARZ -- (at request of the Energy Research Devel-
  opment Authority) -- read twice and ordered printed, and when  printed
  to  be  committed to the Committee on Energy and Telecommunications --
  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, in relation to the composition,  respon-
  sibilities  and  discretion  of  the  state  energy planning board and
  making technical changes related thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 1, 2 and 3 of section 6-102 of the energy law,
subdivision  1  as  amended by section 24 of part A of chapter 62 of the
laws of 2011 and subdivisions 2 and 3 as added by  chapter  433  of  the
laws of 2009, are amended to read as follows:
  1.  There  shall be established a state energy planning board, herein-
after referred to as the "board", which shall consist of  the  chair  of
the public service commission, the commissioner of environmental conser-
vation,  the  commissioner  of economic development, the commissioner of
transportation, the commissioner of labor, the [director  of  the  state
emergency  management  office]  COMMISSIONER OF THE DIVISION OF HOMELAND
SECURITY AND EMERGENCY SERVICES, THE  COMMISSIONER  OF  AGRICULTURE  AND
MARKETS,  the  commissioner  of  health,  [the president of the New York
state urban development corporation,] the secretary  of  state  and  the
president of the New York state energy research and development authori-
ty.  The  governor, the speaker of the assembly and the temporary presi-
dent of the senate shall each appoint one ADDITIONAL  representative  to
serve  on  the  board. The presiding officer of the federally designated
electric bulk system operator (BSO) 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  develop-

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

                                                           LBD09199-07-1

S. 3914--A                          2

ment  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 coun-
cil members shall not be considered to be members of  the  state  energy
planning  board  for purposes of participation in board meetings, except
council members may participate as non-voting members when items  relat-
ing  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]. EACH REGIONAL
PLANNING COUNCIL shall transmit to the board  a  report  containing  any
recommendations specific to [their] ITS region on a schedule [concurrent
with  the release] DETERMINED BY THE BOARD TO BE APPROPRIATE FOR CONSID-
ERATION OF SUCH REPORT IN THE DEVELOPMENT 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] DIVISION  OF  HOMELAND  SECURITY
AND EMERGENCY SERVICES and the New York state energy research and devel-
opment  authority,  as  directed  by the board. Assistance shall also be
made available, as requested by the board, from other agencies,  depart-
ments 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.
  S 2. Paragraph (a) of subdivision 2 and subdivision 3 of section 6-104
of  the  energy  law,  as  added by chapter 433 of the laws of 2009, are
amended to read as follows:
  (a) forecasts for [periods] A  MINIMUM  PERIOD  of  [five,]  ten  [and
fifteen]  years,  AND FOR SUCH OTHER PERIODS AS THE BOARD MAY DETERMINE,
of: (i) demand for electricity, natural gas, coal,  petroleum  products,
including heating and transportation fuels, and alternate fuels, includ-
ing 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  examination  of  possible  alternate

S. 3914--A                          3

levels  of  demand  and  discussion of the forecasting 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
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 accel-
erating the use of low carbon energy sources  and/or  carbon  mitigation
measures].
  3. [To the extent practicable, and where not otherwise specified, the]
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], AND
AS DETERMINED FEASIBLE AND NECESSARY BY THE BOARD, for the  two  regions
described in subdivision two of section 6-102 of this article.
  S 3. Paragraph (c) of subdivision 2, the opening paragraph and subpar-
agraphs  (i)  and  (ii)  of paragraph (a), subparagraphs (i) and (ii) of
paragraph (b), and paragraphs (c) and (d) of subdivision  3  of  section
6-106  of  the  energy law, as added by chapter 433 of the laws of 2009,
are amended and subdivision 3 is amended by adding a new  paragraph  (e)
to read as follows:
  (c)  Public  comment hearings, [in] WITH at least THREE IN each region
described in subdivision two  of  section  6-102  of  this  article  and
provide  an  opportunity  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;
  [Individually  prepared  comprehensive] COMPREHENSIVE long-range plans
for future operations:
  (i) a forecast of electricity demands over a period [of five, ten  and
fifteen  years] AS THE BOARD MAY DETERMINE APPROPRIATE, including annual
in-state electric energy sales and summer and winter peak loads by util-
ity service area where applicable, and total any annual  in-state  elec-
tric 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 incorpo-
rated within such forecast;

S. 3914--A                          4

  (ii) a forecast of electricity supply requirements over a  period  [of
five,  ten and fifteen years] AS THE BOARD MAY DETERMINE APPROPRIATE, by
utility service area  where  applicable,  specifically  identifying  the
reserve margins required for reliable electric service, the transmission
and  distribution  losses  assumed, and the amount of out-of-state sales
commitments;
  (i) a forecast over a period [of five, ten and fifteen years]  AS  THE
BOARD  MAY  DETERMINE APPROPRIATE, by utility service area, of estimated
annual in-state gas sales, winter season sales and  peak  day  sales  by
appropriate end-use classifications, specifically 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]  AS THE BOARD MAY DETERMINE APPROPRIATE, by utility
service area, specifically identifying the amounts of gas needed to meet
severe weather conditions, lost and unaccounted  for  gas,  out-of-state
sales commitments and internal use;
  (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.
  (E)  A  SINGLE  COMPREHENSIVE  SUBMISSION  FROM INDUSTRY GROUPS, TRADE
ASSOCIATIONS, OR COMBINATIONS OF SUCH GROUPS AND ASSOCIATIONS  IN  PLACE
OF SUBMISSIONS BY INDIVIDUAL MEMBER COMPANIES.
  S  4.  Subdivision  6  of section 6-106 of the energy law, as added by
chapter 433 of the laws of 2009, is amended to read as follows:
  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 PUBLIC COMMENT HEARINGS AND MAY HOLD evidentiary hear-
ings[,] 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 there-
on. 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 mate-
rial  and  substantial  change  in  fact  or circumstance 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.
  S 5. This act shall take effect immediately.

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Senate Bill S3914

Signed By Governor

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Archive: Last Bill Status - Signed by Governor

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Jun 16, 2011 - Floor Vote

Floor Vote: Jun 16, 2011

Mar 29, 2011 - Energy And Telecommunications Committee Vote

Energy And Telecommunications Committee Vote: Mar 29, 2011

Bill Amendments

2011-S3914 - Details

2011-S3914 - Summary

2011-S3914 - Sponsor Memo

2011-S3914 - Bill Text download pdf

2011-S3914A (ACTIVE) - Details

2011-S3914A (ACTIVE) - Summary

2011-S3914A (ACTIVE) - Sponsor Memo

2011-S3914A (ACTIVE) - Bill Text download pdf

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Senate Bill S3914

Signed By Governor

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-S3914 - Details

2011-S3914 - Summary

2011-S3914 - Sponsor Memo

2011-S3914 - Bill Text download pdf

2011-S3914A (ACTIVE) - Details

2011-S3914A (ACTIVE) - Summary

2011-S3914A (ACTIVE) - Sponsor Memo

2011-S3914A (ACTIVE) - Bill Text download pdf

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