§ 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.