LBD11128-03-0
S. 5200--A 2
including, but not limited to, [on-shore oil and natural gas, off-shore
oil and natural gas, natural gas from Devonian shale formations,] small
head hydro, [wood,] solar, wind, solid waste, energy from biomass, fuel
cells, GEOTHERMAL, OFFSHORE WIND and cogeneration; and
§ 3. Subdivision 7 of section 3-101 of the energy law is REPEALED and
a new subdivision 7 is added to read as follows:
7. TO CONDUCT ENERGY PLANNING IN AN INTEGRATED AND COMPREHENSIVE
MANNER THROUGH DEVELOPMENT OF A MASTER PLAN DESIGNED TO ACHIEVE THE
GOALS SET FORTH IN THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY
PROTECTION ACT, WHICH INCLUDES BUT IS NOT LIMITED TO, THE FOLLOWING:
A. BY TWO THOUSAND THIRTY, REDUCING GREENHOUSE GAS EMISSIONS BY FORTY
PERCENT, BASED ON 1990 EMISSIONS LEVELS, AND MEETING SEVENTY PERCENT OF
ELECTRICITY NEEDS FROM RENEWABLE RESOURCES;
B. BY TWO THOUSAND FIFTY, REDUCING GREENHOUSE GAS EMISSIONS BY EIGHT-
Y-FIVE PERCENT, BASED ON 1990 EMISSIONS LEVELS, AND MEETING ONE HUNDRED
PERCENT OF ELECTRICITY NEEDS FROM FOSSIL FUEL-FREE RESOURCES.
THE MASTER PLAN SHALL ALSO BE DESIGNED TO MEET THE CLEAN ENERGY
RESOURCE AND ENERGY EFFICIENCY TARGETS SET FORTH IN SECTION SIXTY SIX-P
OF THE PUBLIC SERVICE LAW.
§ 4. Subdivisions 1 and 2 of section 6-102 of the energy law, as
amended by chapter 195 of the laws of 2011, are amended to read as
follows:
1. There shall be established a state energy planning board, herein-
after referred to as the "board", which shall consist of the chair of
the public service commission, the commissioner of environmental conser-
vation, the commissioner of economic development, the commissioner of
transportation, the commissioner of labor, the commissioner of the divi-
sion 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 devel-
opment authority. The [governor, the] speaker of the assembly and the
temporary president of the senate shall each appoint [one] THREE addi-
tional [representative] REPRESENTATIVES to serve on the board. THE
REPRESENTATIVES APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND THE TEMPO-
RARY PRESIDENT OF THE SENATE SHALL INCLUDE AT ALL TIMES INDIVIDUALS WITH
EXPERTISE IN ISSUES RELATING TO CLIMATE CHANGE MITIGATION AND/OR ADAPTA-
TION, SUCH AS ENVIRONMENTAL JUSTICE, ENERGY PLANNING, LABOR, PUBLIC
HEALTH AND REGULATED INDUSTRIES. The presiding officer of the federally
designated electric bulk system operator (BSO) shall serve as a non-vot-
ing 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] NINE regions
shall be established as follows:
(a) [Downstate region - New York City and Dutchess, Nassau, Orange,
Putnam, Rockland,] REGION ONE: NASSAU AND Suffolk[, Ulster and Westches-
ter] 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, Sarato-
ga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben,
Sullivan, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming and Yates
S. 5200--A 3
counties.] REGION TWO: KINGS, BRONX, NEW YORK, QUEENS, AND RICHMOND
COUNTIES;
(C) REGION THREE: DUTCHESS, ORANGE, PUTNAM, ROCKLAND, SULLIVAN,
ULSTER, AND WESTCHESTER COUNTIES;
(D) REGION FOUR: ALBANY, COLUMBIA, DELAWARE, MONTGOMERY, OTSEGO, RENS-
SELAER, SCHENECTADY, AND SCHOHARIE COUNTIES;
(E) REGION FIVE: CLINTON, ESSEX, FRANKLIN, FULTON, HAMILTON, SARATOGA,
WARREN, AND WASHINGTON COUNTIES;
(F) REGION SIX: HERKIMER, JEFFERSON, LEWIS, ONEIDA, AND ST. LAWRENCE
COUNTIES;
(G) REGION SEVEN: BROOME, CAYUGA, CHENANGO, CORTLAND, MADISON, ONONDA-
GA, OSWEGO, TIOGA, AND TOMPKINS COUNTIES;
(H) REGION EIGHT: CHEMUNG, GENESEE, LIVINGSTON, MONROE, ONTARIO, ORLE-
ANS, SCHUYLER, SENECA, STEUBEN, WAYNE, AND YATES COUNTIES; AND
(I) REGION NINE: ALLEGANY, CHAUTAUQUA, CATTARAUGUS, ERIE, NIAGARA, AND
WYOMING COUNTIES.
The governor, temporary president of the senate and the speaker of the
assembly shall each appoint [three] TWO regional planning council
members per region. Regional planning council members shall serve with-
out 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 elec-
tric cooperatives, utilities, labor unions, ratepayers, businesses,
trade associations, generators, SOCIAL JUSTICE ORGANIZATIONS, and commu-
nity organizations WITH A FOCUS ON, INCLUDING BUT NOT LIMITED TO,
CLIMATE CHANGE MITIGATION, THE ENVIRONMENT, ENVIRONMENTAL JUSTICE,
AND/OR PUBLIC HEALTH. 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 consider-
ation of such report in the development of the draft energy plan.
§ 5. Subdivision 2 and paragraph (b) of subdivision 5 of section 6-104
of the energy law, as added by chapter 433 of the laws of 2009, para-
graph (a) of subdivision 2 as amended by chapter 195 of the laws of
2011, are amended and two new subdivisions 2-a and 6 are added to read
as follows:
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 deter-
mine, of: (i) demand for electricity[, natural gas, coal, petroleum
products, including heating and transportation fuels] AND OTHER FUEL
SOURCES FOR HEATING, TRANSPORTATION AND INDUSTRIAL PROCESSES, and alter-
nate fuels, including ethanol and other biofuels, to the extent possi-
ble, taking into account energy conservation, load management and other
demand-reducing measures INCLUDING, BUT NOT LIMITED TO, CARBON PRICING,
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 electric-
ity, [natural gas, coal, petroleum products, including heating and
transportation fuels] AND OTHER FUEL SOURCES FOR HEATING, TRANSPORTA-
TION, INDUSTRIAL PROCESSES, 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 AND TO ENSURE
S. 5200--A 4
ELECTRIC CAPACITY FOR BENEFICIAL ELECTRIFICATION OF ADDITIONAL SECTORS
INCLUDING, BUT NOT LIMITED TO HEATING, TRANSPORTATION AND INDUSTRIAL
PROCESSES;
(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 addi-
tions, 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 trans-
portation 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 ASSESSED USING A LIFE-CYCLE METHOD
OF ANALYSIS FOR EACH FUEL TYPE.
(b) Identification and assessment of the costs, risks, benefits,
uncertainties and market potential of ALL energy supply source alterna-
tives[, including demand-reducing measures, renewable energy resources
of electric generation, distributed generation technologies, cogenera-
tion technologies, biofuels and other methods and technologies reason-
ably 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 includ-
ing, but not limited to, the least cost integration of energy supply
sources, energy transportation and distribution system and demand-reduc-
ing measures for satisfying energy supply requirements, giving due
regard to such factors as required capital investments, cost, ratepayer
AND CLIMATE impacts, security and diversity of fuel supplies and gener-
ating modes, protection of public health and safety, adverse and benefi-
cial 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 author-
ity of the state of New York and the Long Island power authority shall
individually submit to the planning board: (i) a strategic plan specify-
ing 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;
S. 5200--A 5
(g) An environmental justice analysis INCLUDING AN ANALYSIS OF THE
BARRIERS TO, AND OPPORTUNITIES FOR, COMMUNITY OWNERSHIP OF RENEWABLE
GENERATION AND ENERGY EFFICIENCY SERVICES IN LOW-INCOME AND ENVIRON-
MENTAL JUSTICE COMMUNITIES;
(h) An assessment of [the ability of urban planning alternative] LAND
USE PLANNING, including but not limited to smart growth [and], mass
transportation improvements to reduce energy and transportation fuel
demand, AND BUILDING CODE CHANGES WHICH WILL REDUCE THE USE OF ENERGY,
CARBON EMISSIONS, AND OTHER CO-POLLUTANTS;
(i) An inventory of greenhouse gas emissions, and strategies for
facilitating and accelerating the use of ZERO OR 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 stra-
tegies;
(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) A STATEWIDE PLAN FOR THE CONVERSION TO ZERO-EMISSION VEHICLES
INCLUDING, BUT NOT LIMITED TO, THE NECESSARY INFRASTRUCTURE TO REDUCE
RANGE ANXIETY, THE CONVERSION OF THE STATE FLEET TO ZERO-EMISSION VEHI-
CLES, AND THE OVERALL ELECTRIFICATION OF THE TRANSPORTATION SECTOR;
(M) A STATEWIDE PLAN FOR DEVELOPMENT OF NON-FOSSIL FUELS FOR HEATING,
COOLING AND INDUSTRIAL PROCESSES; AND
(N) Such additional information as the board deems appropriate, such
as but not limited to, information developed from consultation with the
BSO.
2-A. THE STATE ENERGY PLAN SHALL NOT INCLUDE ANY PROVISIONS FOR NEW
CONSTRUCTION OR IMPLEMENTATION OF: (A) ANY INFRASTRUCTURE USED TO TRANS-
FER FOSSIL FUELS OR FUEL GASSES; OR
(B) ELECTRICITY GENERATION OR STORAGE ELECTRICITY WHICH UTILIZE FOSSIL
FUELS GASES.
(b) Any energy-related action or decision of a state agency, board,
commission or authority shall be [reasonably] consistent with the fore-
casts 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 reason-
ably 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]. NO STATE AGENCY,
BOARD, COMMISSION, OR AUTHORITY SHALL ACT INCONSISTENTLY WITH THE
PROVISIONS OF THIS SECTION.
6. ANY PERSON MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENFORCE
THE PROVISIONS OF THIS ARTICLE THROUGH A PRIVATE RIGHT OF ACTION.
§ 6. Paragraph (c) of subdivision 2 and subdivision 3 of section 6-106
of the energy law, subdivision 3 as added by chapter 433 of the laws of
2009, paragraph (c) of subdivision 2, the opening paragraph, subpara-
graphs (i) and (ii) of paragraph (a), subparagraphs (i) and (ii) of
paragraph (b), and paragraphs (c) and (d) as amended and paragraph (e)
of subdivision 3 as added by chapter 195 of the laws of 2011, are
amended to read as follows:
(c) Public comment hearings, with at least [three] ONE in each region
described in subdivision two of section 6-102 of this article and
provide an opportunity to submit written comments, subsequent to the
S. 5200--A 6
issuance of a draft plan, to obtain views and comments of interested
persons on any aspect of, or issue addressed in, such draft plan;
3. As determined by the board in each instance to be appropriate with
respect to the particular entity or entities from which information, if
any, shall be required, the information to be provided to the board by
energy transmission [and], distribution AND GENERATION companies, elec-
tric, gas, or steam corporations, major energy suppliers including
owners or operators of electric generation facilities, commodity and/or
end-use energy service providers, state agencies or authorities, includ-
ing the power authority of the state of New York and the Long Island
power authority, and/or others, shall include the following:
(a) Comprehensive long-range plans for future operations:
(i) a forecast of electricity demands over a period as the board may
determine appropriate, including annual in-state electric energy sales
and summer and winter peak loads by utility service area where applica-
ble, and total any annual in-state electric energy sales and coincident
peak load, specifically identifying the extent to which energy conserva-
tion, load management and other demand-reducing measures, and electric
energy generated by cogeneration, small hydro and [alternate energy
production facilities] DISTRIBUTED GENERATION, ENERGY GENERATED BY
FOSSIL FUELS AND FUEL GASES, including renewable energy technologies and
fuel cells, consumed on site, have been incorporated within such fore-
cast;
(ii) a forecast of electricity supply requirements over a period as
the board may determine appropriate, by utility service area where
applicable, specifically identifying the reserve margins required for
reliable electric service, the transmission and distribution losses
assumed, and the amount of out-of-state sales commitments;
(iii) an assessment of the ability of existing electricity supply
sources, and those reasonably certain to be available, to satisfy elec-
tricity supply requirements, including electric generating facilities
which can be retained in service beyond their original design life
through routine maintenance and repairs AND ANTICIPATORY ESTIMATES OF
BENEFICIAL ELECTRIFICATION FOR NEW SECTORS INCLUDING, BUT NOT LIMITED
TO, HEATING, COOLING, COOKING, TRANSPORTATION, AND INDUSTRIAL PROCESSES;
(iv) an inventory of: (A) all existing electric generating and trans-
mission facilities including those owned or operated by the power
authority of the state of New York and the Long Island power authority;
(B) electric generating and transmission facilities planned or under
construction including the power authority of the state of New York and
the Long Island power authority, including the dates for completion and
operation; (C) the anticipated retirement dates for any electric gener-
ating facilities currently operated including those owned or operated by
the power authority of the state of New York and the Long Island power
authority; (D) land owned or leased including that owned or leased by
the power authority of the state of New York and the Long Island power
authority and held for future use as sites for major electric generating
facilities; and (E) electric generating, transmission, and related
facilities operated, or planned to be operated, by others, to the extent
information concerning the same is known;
(v) recommended supply additions and demand reducing measures for
satisfying the electricity supply requirements, not reasonably certain
to be met by electricity supply sources identified in subparagraph (iii)
of this paragraph, including the life extension of existing electric
generating facilities, and reasons therefor;
S. 5200--A 7
(vi) a statement of research and development plans, including objec-
tives and programs in the areas of energy conservation, CLIMATE CHANGE
MITIGATION, BENEFICIAL ELECTRIFICATION, load management, electric gener-
ation and transmission, new energy technologies and pollution abatement
and control, which are not funded through regulatory required programs,
recent results of such programs undertaken or funded to date, and an
assessment of the potential impacts of such results;
(vii) a projection of estimated electricity prices to consumers over
the forecast period, and a sensitivity analysis of that forecast relat-
ing to a number of factors including fuel prices and the levels of
available capacity and demand in the regions of the state;
(viii) a description of the load forecasting methodology and the
assumptions and data used in the preparation of the forecasts, specif-
ically including projections of demographic and economic activity and
such other factors, statewide and by service area, which may influence
electricity demand, and the bases for such projections;
(ix) proposed policies, objectives and strategies for meeting the
state's future electricity needs; and
(x) such additional information as the board may, by regulation,
require to carry out the purposes of this article.
(b) All providers of natural gas transmission, distribution and/or
marketing services to customers shall individually prepare and submit a
comprehensive long-range plan for future operations, which shall
include, as appropriate:
(i) a forecast over a period as the board may determine appropriate,
by utility service area, of estimated annual in-state gas sales, winter
season sales and peak day sales by appropriate end-use classifications,
specifically identifying the extent to which energy conservation meas-
ures and the sale of gas owned by persons other than natural gas trans-
mission and distribution utilities have been incorporated within such
forecast;
(ii) a forecast of gas supply requirements over a period as the board
may determine appropriate, by utility service area, specifically identi-
fying the amounts of gas needed to meet severe weather conditions, lost
and unaccounted for gas, out-of-state sales commitments and internal
use;
(iii) an assessment of the ability of existing gas supply sources, and
those reasonably certain to be available, to satisfy gas supply require-
ments;
(iv) an inventory of: (A) all existing supply sources, storage facili-
ties, and transmission facilities which are used in providing service
within the state, (B) the transmission and storage facilities under
construction which would be used in providing service within the state,
their projected costs and capacities, including peaking capacity, (C)
transmission facility additions proposed to be constructed by natural
gas transmission and distribution utilities, (D) transmission facilities
operated, or planned to be operated, by others, to the extent informa-
tion concerning the same is known;
(v) [recommended supply additions and demand-reducing measures for
satisfying the gas supply requirements, not reasonably certain to be met
by gas supply sources identified in subparagraph (iii) of this paragraph
and the reasons therefor;
(vi)] a projection of estimated gas prices to consumers over the fore-
cast period, and a sensitivity analysis of that forecast relating to a
number of factors including the levels of commodity supply availability,
S. 5200--A 8
of available pipeline and storage capacity, and of demand in the regions
of the state;
[(vii)] (VI) a description of the load forecasting methodology and the
assumptions and data used in the preparation of the forecasts, specif-
ically including projections of demographic and economic activity and
such other factors, statewide and by service area where applicable,
which may influence demand for natural gas, and the bases for such
projections;
[(viii)] (VII) a statement of research and development plans, includ-
ing objectives and programs in the areas of energy conservation and new
energy technologies, recent results of such programs undertaken or fund-
ed to date, and an assessment of the potential impacts of such results;
[(ix)] (VIII) proposed policies, objectives and strategies for meeting
the state's future gas needs; and
[(x)] (IX) such additional information as the board may, by regu-
lation, require to carry out the purposes of this article.
(c) Such information from major petroleum suppliers and major coal
suppliers as the board may require to carry out the purposes of this
article.
(d) Such other information from owners and operators of electric
generating power plants as the board may require to carry out the
purposes of this article.
[(e) A single comprehensive submission from industry groups, trade
associations, or combinations of such groups and associations in place
of submissions by individual member companies.]
§ 7. No agency, commission, or authority shall approve or permit the
construction of any fossil fuel or fuel gas generation facility or
infrastructure until the completion of an energy plan developed in
accordance with the provisions of this act.
§ 8. This act shall take effect immediately.
