N.Y. Energy Law § 6-102: State energy planning board

§ 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 chief executive officer

of the New York power authority, the commissioner of economic

development, the commissioner of transportation, the commissioner of

labor, the commissioner of the division of homeland security and

emergency services, the commissioner of agriculture and markets, the

commissioner of health, 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 additional representative to serve on the board;

in addition, the secretary of state shall appoint, from the utility

intervention unit with the consumer protection division established in

section ninety-four-a of the executive law, an additional person 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

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. 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,

Saratoga, 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

compensation, 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

cooperatives, utilities, labor unions, ratepayers, businesses, trade

associations, generators, and community organizations. Each regional

planning council shall transmit to the board a report containing any

recommendations specific to its region on a schedule determined by the

board to be appropriate for consideration 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 New

York power authority, the department of transportation, the department

of economic development, the division of homeland security and emergency

services and the New York state energy research and development

authority, as directed by the board. Assistance 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.

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 energy

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.