NY Energy L § 6-104 (2021)
2021 New York Laws ENG - Energy Article 6 - Energy Planning 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.