N.Y. ENG Law § 6-104 — New York Code / Act ENG / Article 6 / Section 6-104
State energy plan
Status: in_force

§ 6-104. State energy plan. 1. The board shall adopt a state energy\nplan in accordance with the provisions of this article.\n  2. The state energy plan shall include: (a) forecasts for a minimum\nperiod of ten years, and for such other periods as the board may\ndetermine, of: (i) demand for electricity, natural gas, coal, petroleum\nproducts, including heating and transportation fuels, and alternate\nfuels, including ethanol and other biofuels, to the extent possible,\ntaking into account energy conservation, load management and other\ndemand-reducing measures which can be achieved in a cost-effective\nmanner, including the basis for such projection, including an\nexamination of possible alternate levels of demand and discussion of the\nforecasting methodologies and input variables used in making the\nforecasts;\n  (ii) energy supply requirements needed to satisfy demand for\nelectricity, natural gas, coal, petroleum products, including heating\nand transportation fuels, and alternate energy sources and fuels, for\neach region of the state, and for the state as a whole, including with\nrespect to electricity, the amount of capacity needed to provide\nadequate reserve margins and capacity needed to ensure reliability and\ncompetitive markets in the various regions of the state;\n  (iii) an assessment of the ability of the existing energy supply\nsources and the existing transmission or fuel transportation systems, to\nsatisfy, together with those sources or systems reasonably certain to be\navailable, such energy supply requirements, indicating planned\nadditions, retirements, deratings, substantial planned outages, and any\nother expected changes in levels of generating and production capacity;\n  (iv) additional electric capacity and/or transmission or fuel\ntransportation systems needed to meet such energy supply requirements\nthat will not be met by existing sources of supply and those reasonably\ncertain to be available, where such analysis should identify system\nconstraints and possible alternatives available, both supply-side and\ndemand-side alternatives, including but not limited to distributed\ngeneration, energy efficiency and conservation measures, to redress such\nconstraint; and\n  (v) projected greenhouse emissions.\n  (b) Identification and assessment of the costs, risks, benefits,\nuncertainties and market potential of energy supply source alternatives,\nincluding demand-reducing measures, renewable energy resources of\nelectric generation, distributed generation technologies, cogeneration\ntechnologies, biofuels and other methods and technologies reasonably\navailable for satisfying energy supply requirements which are not\nreasonably certain to be met by the energy supply sources identified in\nparagraph (a) of this subdivision, provided that such analysis shall\ninclude the factors identified in paragraph (d) of this subdivision;\n  (c) Identification and analysis of emerging trends related to energy\nsupply, price and demand, including trends related to the transportation\nsector;\n  (d) An assessment of current energy policies and programs, and their\ncontributions to achieving long-range energy planning objectives\nincluding, but not limited to, the least cost integration of energy\nsupply sources, energy transportation and distribution system and\ndemand-reducing measures for satisfying energy supply requirements,\ngiving due regard to such factors as required capital investments, cost,\nratepayer impacts, security and diversity of fuel supplies and\ngenerating modes, protection of public health and safety, adverse and\nbeneficial environmental impacts, conservation of energy and energy\nresources, the ability of the state to compete economically, and any\nother policy objectives deemed appropriate;\n  (e) In order to assist the board in such evaluation, the power\nauthority of the state of New York and the Long Island power authority\nshall individually submit to the planning board: (i) a strategic plan\nspecifying the mission and goals of the authority, the policies and\nprograms utilized to fulfill such mission and goals, and an explanation\nof how such policies and programs relate to the state energy plan, (ii)\nan annual five-year operating plan, and (iii) a ten-year projected\ncapital budget for their respective operations. Such plans shall include\nmajor new capital and programmatic initiatives, as well as descriptions\nand achievements of existing programs, including program objectives and\nthe numbers of clients and/or customers served for each service or\nprogram;\n  (f) An analysis of security issues, considering both natural and human\nthreats to the state's energy systems;\n  (g) An environmental justice analysis;\n  (h) An assessment of the ability of urban planning alternative,\nincluding but not limited to smart growth and mass transportation\nimprovements to reduce energy and transportation fuel demand;\n  (i) An inventory of greenhouse gas emissions, and strategies for\nfacilitating and accelerating the use of low carbon energy sources\nand/or carbon mitigation measures;\n  (j) Recommendations, as appropriate and desirable, for administrative\nand legislative actions to implement such policies, objectives and\nstrategies;\n  (k) Assessment of the impacts of implementation of the plan upon\neconomic development, health, safety and welfare, environmental quality,\nand energy costs for consumers, specifically low-income consumers; and\n  (l) Such additional information as the board deems appropriate, such\nas but not limited to, information developed from consultation with the\nBSO.\n  3. The elements of the state energy plan as enumerated in subdivision\ntwo of this section shall be provided on a statewide basis, and as\ndetermined feasible and necessary by the board, for the two regions\ndescribed in subdivision two of section 6-102 of this article.\n  4. In the development of the state energy plan the board shall, to the\nextent practicable, take cognizance of any comprehensive reliability\nplanning process undertaken by the BSO.\n  5. (a) The state energy plan shall provide guidance for energy-related\ndecisions to be made by the public and private sectors within the state.\n  (b) Any energy-related action or decision of a state agency, board,\ncommission or authority shall be reasonably consistent with the\nforecasts and the policies and long-range energy planning objectives and\nstrategies contained in the plan, including its most recent update;\nprovided, however, that any such action or decision which is not\nreasonably consistent with the plan shall be deemed in compliance with\nthis section, provided that such action or decision includes a finding\nthat the relevant provisions of the plan are no longer reasonable or\nprobable based on a material and substantial change in fact or\ncircumstance, and a statement explaining the basis for this finding.\n  (c) Nothing in this section shall limit the authority of any state\nagency, board, commission or authority to deny an application to\nconstruct, operate or modify an energy facility on environmental or\npublic health and safety grounds, or that alternate means of energy\nprocurement or alternate location for an energy facility can be secured.\n  (d) A state agency, board, commission or authority may take official\nnotice of the most recent final state energy plan adopted by the board\nprior to any final energy-related decision by such agency, board,\ncommission or authority.\n