N.Y. Energy Law § 6-104: State energy plan

§ 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 a minimum

period of ten 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, including ethanol and other biofuels, to the extent possible,

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

electricity, natural gas, coal, petroleum products, including heating

and transportation 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

additions, 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

transportation 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) projected greenhouse emissions.

(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

electric generation, distributed generation technologies, cogeneration

technologies, biofuels and other methods and technologies reasonably

available 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

including, but not limited to, the least cost integration of energy

supply sources, energy transportation and distribution system and

demand-reducing 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 environmental 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

authority of the state of New York and the Long Island power authority

shall individually submit to the planning board: (i) a strategic plan

specifying 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

strategies;

(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. The elements of the state energy plan as enumerated in subdivision

two of this section shall be provided on a statewide basis, 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.

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

forecasts 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

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.