NY Energy L § 6-102 (2021)
2021 New York Laws ENG - Energy Article 6 - Energy Planning 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 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. 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 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.