Assembly Bill A8316

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

                                  8316

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2011
                               ___________

Introduced  by  M.  of  A.  CAHILL -- (at request of the Energy Research
  Development Authority) -- read once and referred to the  Committee  on
  Energy

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

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

  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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09199-06-1
              

A. 8316                             2

  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
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-

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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;
  (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

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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.