Bill Text: NY A06801 | 2009-2010 | General Assembly | Introduced


Bill Title: Relates to state energy planning; relates to the completion of an annual energy plan by the power authority of the state of New York and the Long Island power authority.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to energy [A06801 Detail]

Download: New_York-2009-A06801-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6801
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 12, 2009
                                      ___________
       Introduced by M. of A. BRENNAN -- Multi-Sponsored by -- M. of A. PHEFFER
         -- read once and referred to the Committee on Energy
       AN  ACT  to  amend the energy law, in relation to state energy planning;
         and to amend the public authorities law, in relation to completion  of
         an  annual energy plan by the power authority of the state of New York
         and the Long Island power authority
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    The  energy law is amended by adding a new article 6 to
    2  read as follows:
    3                                  ARTICLE 6
    4                               ENERGY PLANNING
    5  SECTION 6-102. STATE ENERGY PLANNING BOARD.
    6          6-104. STATE ENERGY PLAN.
    7          6-106. CONDUCT OF THE STATE ENERGY PLANNING PROCEEDING.
    8          6-108. RELIABILITY STUDY.
    9    S 6-102. STATE ENERGY PLANNING BOARD.  1. THERE SHALL BE ESTABLISHED A
   10  STATE ENERGY PLANNING BOARD, HEREINAFTER REFERRED  TO  AS  THE  "BOARD",
   11  WHICH  SHALL  CONSIST OF THE CHAIR OF THE PUBLIC SERVICE COMMISSION, THE
   12  COMMISSIONER  OF  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THE
   13  COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE COMMISSIONER
   14  OF THE DEPARTMENT OF TRANSPORTATION, THE DIRECTOR OF THE STATE EMERGENCY
   15  MANAGEMENT  OFFICE  AND  THE CHAIR OF THE NEW YORK STATE ENERGY RESEARCH
   16  AND DEVELOPMENT AUTHORITY. ANY DECISION OR ACTION BY THE BOARD SHALL  BE
   17  BY  MAJORITY VOTE.   THE CHAIR OF THE NEW YORK STATE ENERGY RESEARCH AND
   18  DEVELOPMENT AUTHORITY SHALL SERVE AS CHAIR OF THE BOARD.
   19    2. STAFF SERVICES SHALL BE PERFORMED BY PERSONNEL OF THE DEPARTMENT OF
   20  PUBLIC  SERVICE,  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THE
   21  DEPARTMENT  OF  TRANSPORTATION,  THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
   22  THE STATE EMERGENCY MANAGEMENT OFFICE AND  THE  NEW  YORK  STATE  ENERGY
   23  RESEARCH AND DEVELOPMENT AUTHORITY, AS DIRECTED BY THE BOARD. ASSISTANCE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09793-01-9
       A. 6801                             2
    1  SHALL  ALSO  BE  MADE  AVAILABLE,  AS REQUESTED BY THE BOARD, FROM OTHER
    2  AGENCIES, DEPARTMENTS AND PUBLIC AUTHORITIES OF THE STATE.    THE  BOARD
    3  MAY  PROVIDE FOR ITS OWN REPRESENTATION IN ALL ACTIONS OR PROCEEDINGS IN
    4  WHICH IT IS A PARTY.
    5    3.  THE  BOARD SHALL HAVE THE POWERS: (A) TO ADOPT A STATE ENERGY PLAN
    6  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
    7    (B) TO ADOPT RULES AND REGULATIONS  AS  NECESSARY  OR  APPROPRIATE  TO
    8  IMPLEMENT THIS ARTICLE;
    9    (C) TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM; AND
   10    (D)  TO  AUTHORIZE  ANY  PERSON TO CONDUCT HEARINGS WHICH THE BOARD IS
   11  AUTHORIZED TO CONDUCT, TO TAKE TESTIMONY WITH RESPECT TO THE SUBJECT  OR
   12  MATTER UNDER INVESTIGATION, AND TO REPORT THE TESTIMONY TO THE BOARD. IN
   13  THE  CONDUCT  OF  SUCH  HEARINGS,  ANY PERSON SO AUTHORIZED BY THE BOARD
   14  SHALL HAVE ALL THE POWERS OF THE BOARD.
   15    4. THE BOARD SHALL CONSIDER AND PRESENT POLICIES AND PROGRAMS THAT ARE
   16  DESIGNED TO IMPROVE THE RELIABILITY OF THE STATE'S ENERGY SYSTEMS, INSU-
   17  LATE CONSUMERS FROM VOLATILITY IN MARKET PRICES, REDUCE THE OVERALL COST
   18  OF ENERGY IN THE STATE AND  MINIMIZE  PUBLIC  HEALTH  AND  ENVIRONMENTAL
   19  IMPACTS. EACH ENERGY PLAN SHALL ALSO IDENTIFY POLICIES AND PROGRAMS THAT
   20  MAXIMIZE COST-EFFECTIVE ENERGY EFFICIENCY AND CONSERVATION ACTIVITIES TO
   21  MEET PROJECTED DEMAND GROWTH.
   22    (A)  THE  BOARD  SHALL  IDENTIFY  THE MOST APPROPRIATE STATE AGENCY OR
   23  AUTHORITY WITH THE RESPONSIBILITY FOR IMPLEMENTING  OR  OVERSEEING  SUCH
   24  PRIORITIZED POLICIES AND PROGRAMS.
   25    (B)  EACH  AGENCY  OR  AUTHORITY  CHARGED WITH IMPLEMENTING A SPECIFIC
   26  POLICY OR PROGRAM IN THE ENERGY PLAN SHALL REPORT TO THE BOARD  ANNUALLY
   27  REGARDING  THE  ORIGINAL GOAL OF SUCH POLICY OR PROGRAM, STEPS THAT HAVE
   28  BEEN TAKEN TO IMPLEMENT SUCH POLICY OR PROGRAM,  PROGRESS  IN  ATTAINING
   29  GOALS,  ADJUSTMENTS  TO THE PROGRAM OR GOALS AND REASONS WHY ADJUSTMENTS
   30  ARE NEEDED, AND ANTICIPATED DATE OF COMPLETION.
   31    (C) THE BOARD SHALL USE SUCH PROGRESS REPORTS  IN  THE  COMPLETION  OF
   32  EACH SUBSEQUENT ENERGY PLAN AND IN EACH OF THE REQUIRED BIENNIAL REPORTS
   33  AS STATED IN SECTION 6-106 OF THIS ARTICLE.
   34    S 6-104.  STATE  ENERGY PLAN.  1. THE BOARD SHALL ADOPT A STATE ENERGY
   35  PLAN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   36    2. THE STATE ENERGY PLAN SHALL INCLUDE: (A) FORECASTS FOR  PERIODS  OF
   37  FIVE,  TEN  AND TWENTY YEARS OF (I) DEMAND FOR ELECTRICITY, NATURAL GAS,
   38  COAL, PETROLEUM PRODUCTS, INCLUDING HEATING  AND  TRANSPORTATION  FUELS,
   39  AND  ALTERNATE  FUELS, INCLUDING ETHANOL AND OTHER BIOFUELS, FOR EACH OF
   40  THE SERVICE AREAS OF THE STATE'S MAJOR ELECTRIC AND  GAS  UTILITIES  AND
   41  THE  STATE  AS  A  WHOLE,  TAKING INTO ACCOUNT ENERGY CONSERVATION, LOAD
   42  MANAGEMENT AND OTHER DEMAND-REDUCING MEASURES WHICH CAN BE ACHIEVED IN A
   43  COST-EFFECTIVE MANNER, INCLUDING THE BASIS FOR SUCH PROJECTION,  INCLUD-
   44  ING AN EXAMINATION OF POSSIBLE ALTERNATE LEVELS OF DEMAND AND DISCUSSION
   45  OF  THE FORECASTING METHODOLOGIES AND INPUT VARIABLES USED IN MAKING THE
   46  FORECASTS;
   47    (II) ENERGY SUPPLY REQUIREMENTS NEEDED TO SATISFY DEMAND FOR ELECTRIC-
   48  ITY, NATURAL GAS, COAL, PETROLEUM PRODUCTS, INCLUDING HEATING AND TRANS-
   49  PORTATION FUELS, AND ALTERNATE FUELS, INCLUDING ETHANOL AND OTHER BIOFU-
   50  ELS, FOR EACH OF THE SERVICE AREAS OF THE STATE'S MAJOR ELECTRIC AND GAS
   51  UTILITIES AND FOR THE STATE AS A WHOLE, INCLUDING WITH RESPECT TO  ELEC-
   52  TRICITY,  THE  AMOUNT  OF  CAPACITY  NEEDED  TO PROVIDE ADEQUATE RESERVE
   53  MARGINS AND CAPACITY NEEDED TO ENSURE COMPETITIVE MARKETS IN THE VARIOUS
   54  REGIONS OF THE STATE;
   55    (III) AN ASSESSMENT OF THE  ABILITY  OF  THE  EXISTING  ENERGY  SUPPLY
   56  SOURCES AND THE EXISTING TRANSMISSION OR FUEL TRANSPORTATION SYSTEMS, TO
       A. 6801                             3
    1  SATISFY, TOGETHER WITH THOSE SOURCES OR SYSTEMS REASONABLY CERTAIN TO BE
    2  AVAILABLE,  SUCH  ENERGY  SUPPLY  REQUIREMENTS, INDICATING PLANNED ADDI-
    3  TIONS, RETIREMENTS, DERATINGS,  SUBSTANTIAL  PLANNED  OUTAGES,  AND  ANY
    4  OTHER EXPECTED CHANGES IN LEVELS OF GENERATING AND PRODUCTION CAPACITY;
    5    (IV)  ADDITIONAL  ELECTRIC CAPACITY AND/OR TRANSMISSION OR FUEL TRANS-
    6  PORTATION SYSTEMS NEEDED TO MEET SUCH ENERGY  SUPPLY  REQUIREMENTS  THAT
    7  WILL  NOT  BE  MET  BY  EXISTING  SOURCES OF SUPPLY AND THOSE REASONABLY
    8  CERTAIN TO BE AVAILABLE, WHERE SUCH ANALYSIS  SHOULD  IDENTIFY  SPECIFIC
    9  SYSTEM CONSTRAINTS AND SPECIFIC ALTERNATIVES AVAILABLE, BOTH SUPPLY-SIDE
   10  AND DEMAND-SIDE ALTERNATIVES, TO REDRESS SUCH CONSTRAINT;
   11    (V)  ENERGY  PRICES,  INCLUDING  A  FORECAST OF THE IMPACT ON ELECTRIC
   12  WHOLESALE PRICES AND FUEL PRICES RESULTANT  FROM  THE  ADDITION  OF  NEW
   13  ELECTRIC GENERATING FACILITIES;
   14    (VI)  A DESCRIPTION OF THE COMPARATIVE ADVANTAGES AND DISADVANTAGES OF
   15  REASONABLY AVAILABLE LOCATIONS FOR ENERGY FACILITIES, INCLUDING A STATE-
   16  MENT OF THE REASONS WHY SUCH LOCATIONS ARE SUITABLE FOR ELECTRIC  GENER-
   17  ATING  FACILITIES,  INCLUDING  BUT  NOT LIMITED TO EXISTING LOCAL ZONING
   18  STATUS, PROXIMITY  TO  ELECTRIC  TRANSMISSION  AND  FUEL  TRANSPORTATION
   19  SYSTEMS, AND PROXIMITY TO ELECTRIC LOAD CENTERS; AND
   20    (VII)  AN ASSESSMENT OF THE ECONOMIC, ENVIRONMENTAL, PUBLIC SAFETY AND
   21  PUBLIC RISK IMPLICATIONS OF ALL NUCLEAR REACTORS GENERATING  ELECTRICITY
   22  IN  THE  STATE,  INCLUDING  ISSUES  OF NUCLEAR WASTE GENERATION; ON-SITE
   23  WASTE TREATMENT, STORAGE, TRANSPORTATION AND LONG-TERM OPTIONS; ADEQUACY
   24  AND STATUS OF EMERGENCY AND EVACUATION PLANNING;  PROJECTIONS  OF  PLANT
   25  LIFE; AND ECONOMIC IMPLICATIONS OF PLANT CLOSURE, DECOMMISSIONING, RELI-
   26  CENSING, AND LIFE EXTENSION;
   27    (B)  IDENTIFICATION AND ANALYSIS OF THE COSTS, RISKS, BENEFITS, UNCER-
   28  TAINTIES AND MARKET POTENTIAL  OF  ENERGY  SUPPLY  SOURCE  ALTERNATIVES,
   29  INCLUDING  DEMAND-REDUCING MEASURES, RENEWABLE ENERGY RESOURCES OF ELEC-
   30  TRIC GENERATION, DISTRIBUTED GENERATION TECHNOLOGIES, COGENERATION TECH-
   31  NOLOGIES, BIOFUELS AND OTHER METHODS AND TECHNOLOGIES REASONABLY  AVAIL-
   32  ABLE  FOR SATISFYING ENERGY SUPPLY REQUIREMENTS WHICH ARE NOT REASONABLY
   33  CERTAIN TO BE MET BY THE ENERGY SUPPLY SOURCES  IDENTIFIED  IN  SUBPARA-
   34  GRAPH  (III)  OF  PARAGRAPH  (A) OF THIS SUBDIVISION, PROVIDED THAT SUCH
   35  ANALYSIS SHALL INCLUDE THE FACTORS IDENTIFIED IN PARAGRAPH (D)  OF  THIS
   36  SUBDIVISION;
   37    (C)  IDENTIFICATION  AND ANALYSIS OF EMERGING TRENDS RELATED TO ENERGY
   38  SUPPLY, PRICE AND DEMAND, INCLUDING TRENDS RELATED TO THE TRANSPORTATION
   39  SECTOR;
   40    (D) AN  EVALUATION  OF  CURRENT  ENERGY  POLICIES  AND  PROGRAMS,  AND
   41  LONG-RANGE  ENERGY PLANNING OBJECTIVES AND STRATEGIES, AND AN EVALUATION
   42  OF THE SUCCESS OF SUCH PROGRAMS, POLICIES AND STRATEGIES TO ACHIEVE  THE
   43  LEAST  COST  INTEGRATION  OF  ENERGY  SUPPLY SOURCES AND DEMAND-REDUCING
   44  MEASURES FOR SATISFYING ENERGY SUPPLY REQUIREMENTS, GIVING DUE REGARD TO
   45  SUCH FACTORS AS REQUIRED CAPITAL INVESTMENTS, COST,  RATEPAYER  IMPACTS,
   46  SECURITY AND DIVERSITY OF FUEL SUPPLIES AND GENERATING MODES, PROTECTION
   47  OF  PUBLIC  HEALTH  AND  SAFETY,  ADVERSE  AND  BENEFICIAL ENVIRONMENTAL
   48  IMPACTS, CONSERVATION OF ENERGY AND ENERGY RESOURCES, THE ABILITY OF THE
   49  STATE TO COMPETE ECONOMICALLY, AND ANY OTHER  POLICY  OBJECTIVES  DEEMED
   50  APPROPRIATE;
   51    (E) IN ORDER TO ASSIST THE BOARD IN SUCH EVALUATION, THE POWER AUTHOR-
   52  ITY  OF  THE STATE OF NEW YORK AND THE LONG ISLAND POWER AUTHORITY SHALL
   53  INDIVIDUALLY SUBMIT TO THE PLANNING BOARD (I) A STRATEGIC PLAN  SPECIFY-
   54  ING  THE  MISSION  AND GOALS OF THE AUTHORITY, THE POLICIES AND PROGRAMS
   55  UTILIZED TO FULFILL SUCH MISSION AND GOALS, AND AN  EXPLANATION  OF  HOW
   56  SUCH  POLICIES  AND  PROGRAMS  RELATE  TO THE STATE ENERGY PLAN, (II) AN
       A. 6801                             4
    1  ANNUAL FIVE-YEAR OPERATING PLAN, AND (III) A TEN-YEAR PROJECTED  CAPITAL
    2  BUDGET  FOR  THEIR RESPECTIVE OPERATIONS. SUCH PLANS SHALL INCLUDE MAJOR
    3  NEW CAPITAL AND PROGRAMMATIC INITIATIVES, AS WELL  AS  DESCRIPTIONS  AND
    4  ACHIEVEMENTS  OF EXISTING PROGRAMS, INCLUDING PROGRAM OBJECTIVES AND THE
    5  NUMBERS OF CLIENTS AND/OR CUSTOMERS SERVED FOR EACH SERVICE OR PROGRAM;
    6    (F) AN ANALYSIS OF SECURITY ISSUES, CONSIDERING BOTH NATURAL AND HUMAN
    7  THREATS TO THE STATE'S ENERGY SYSTEMS;
    8    (G) AN ENVIRONMENTAL JUSTICE ANALYSIS;
    9    (H) RECOMMENDATIONS, AS APPROPRIATE AND DESIRABLE, FOR  ADMINISTRATIVE
   10  AND LEGISLATIVE ACTIONS TO IMPLEMENT SUCH POLICIES, OBJECTIVES AND STRA-
   11  TEGIES;
   12    (I) ANALYSIS OF THE PROBABLE IMPACT OF IMPLEMENTATION OF THE PLAN UPON
   13  ECONOMIC DEVELOPMENT, HEALTH, SAFETY AND WELFARE, ENVIRONMENTAL QUALITY,
   14  AND ENERGY COSTS FOR CONSUMERS, SPECIFICALLY LOW-INCOME CONSUMERS; AND
   15    (J) SUCH ADDITIONAL INFORMATION AS THE BOARD DEEMS APPROPRIATE.
   16    3.  TO  THE EXTENT PRACTICABLE, AND WHERE NOT OTHERWISE SPECIFIED, THE
   17  ELEMENTS OF THE STATE ENERGY PLAN AS ENUMERATED IN  SUBDIVISION  TWO  OF
   18  THIS  SECTION  SHALL BE PROVIDED ON A STATEWIDE BASIS AS WELL AS FOR TWO
   19  IDENTIFIABLE REGIONS OF THE STATE: CONSTITUTING THE DOWNSTATE REGION AND
   20  THE UPSTATE REGION. FOR PURPOSES OF  THIS  SECTION,  "DOWNSTATE  REGION"
   21  SHALL  INCLUDE THE COUNTIES OF DUTCHESS, ORANGE, ROCKLAND, PUTNAM, WEST-
   22  CHESTER, NASSAU, SUFFOLK AND THE FIVE COUNTIES OF  NEW  YORK  CITY;  AND
   23  "UPSTATE REGION" SHALL INCLUDE ALL OTHER COUNTIES IN THE STATE.
   24    4.  (A) THE STATE ENERGY PLAN SHALL PROVIDE GUIDANCE FOR ENERGY-RELAT-
   25  ED  DECISIONS  TO  BE  MADE BY THE PUBLIC AND PRIVATE SECTORS WITHIN THE
   26  STATE.
   27    (B) ANY ENERGY-RELATED ACTION OR DECISION OF A  STATE  AGENCY,  BOARD,
   28  COMMISSION  OR  AUTHORITY  SHALL BE REASONABLY CONSISTENT WITH THE FORE-
   29  CASTS AND THE POLICIES AND LONG-RANGE  ENERGY  PLANNING  OBJECTIVES  AND
   30  STRATEGIES  CONTAINED  IN  THE  PLAN,  INCLUDING ITS MOST RECENT UPDATE;
   31  PROVIDED, HOWEVER, THAT ANY SUCH ACTION OR DECISION WHICH IS NOT REASON-
   32  ABLY CONSISTENT WITH THE PLAN SHALL BE DEEMED IN  COMPLIANCE  WITH  THIS
   33  SECTION,  PROVIDED  THAT SUCH ACTION OR DECISION INCLUDES A FINDING THAT
   34  THE RELEVANT PROVISIONS OF THE PLAN ARE NO LONGER REASONABLE OR PROBABLE
   35  BASED ON A MATERIAL AND SUBSTANTIAL CHANGE IN FACT OR CIRCUMSTANCE,  AND
   36  A STATEMENT EXPLAINING THE BASIS FOR THIS FINDING.
   37    (C)  NOTHING  IN  THIS  SECTION SHALL LIMIT THE AUTHORITY OF ANY STATE
   38  AGENCY, BOARD,  COMMISSION  OR  AUTHORITY  TO  DENY  AN  APPLICATION  TO
   39  CONSTRUCT,  OPERATE  OR  MODIFY  AN  ENERGY FACILITY ON ENVIRONMENTAL OR
   40  PUBLIC HEALTH AND SAFETY GROUNDS, OR  THAT  ALTERNATE  MEANS  OF  ENERGY
   41  PROCUREMENT OR ALTERNATE LOCATION FOR AN ENERGY FACILITY CAN BE SECURED.
   42    (D)  A  STATE AGENCY, BOARD, COMMISSION OR AUTHORITY MAY TAKE OFFICIAL
   43  NOTICE OF THE MOST RECENT FINAL STATE ENERGY PLAN ADOPTED BY  THE  BOARD
   44  PRIOR  TO  ANY  FINAL  ENERGY-RELATED  DECISION  BY  SUCH AGENCY, BOARD,
   45  COMMISSION OR AUTHORITY.
   46    S 6-106. CONDUCT OF THE STATE ENERGY PLANNING PROCEEDING.   1.   EVERY
   47  FOUR  YEARS,  THE BOARD SHALL ADOPT A STATE ENERGY PLAN, WHICH ADDRESSES
   48  EACH ITEM IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE
   49  PROVIDED, HOWEVER, THE BOARD MAY ADOPT SUCH A PLAN MORE  FREQUENTLY  FOR
   50  GOOD CAUSE SHOWN. THE BOARD SHALL PREPARE BIENNIAL REPORTS, EVERY SECOND
   51  YEAR  FOLLOWING THE ISSUANCE OF THE FINAL STATE ENERGY PLAN, INCLUDING A
   52  DISCUSSION AND EVALUATION OF  THE  ABILITY  OF  THE  STATE  AND  PRIVATE
   53  MARKETS  TO  IMPLEMENT THE POLICIES, PROGRAMS, AND OTHER RECOMMENDATIONS
   54  AS FOUND IN THE STATE  ENERGY  PLAN,  AND  RECOMMENDATIONS  FOR  NEW  OR
   55  AMENDED  POLICIES  AS  NEEDED  TO  CONTINUE  SUCCESSFUL MOVEMENT TOWARDS
   56  IMPLEMENTATION AND REALIZATION OF SUCH POLICIES AND PROGRAMS.
       A. 6801                             5
    1    2. THE  BOARD  SHALL  CONDUCT  A  STATE  ENERGY  PLANNING  PROCEEDING,
    2  CONSISTENT  WITH  THE NEED TO DEVELOP THE PLAN IN A TIMELY MANNER, WHICH
    3  SHALL PROVIDE FOR THE FOLLOWING AT A MINIMUM:
    4    (A)  THE  FILING OF INFORMATION BY MAJOR ENERGY SUPPLIERS AS SPECIFIED
    5  IN SUBDIVISION THREE OF THIS SECTION;
    6    (B) THE PREPARATION AND ISSUANCE OF A DRAFT PLAN,  SUBSEQUENT  TO  THE
    7  FILING  OF  INFORMATION  BY  MAJOR ENERGY SUPPLIERS, WHICH SHALL ADDRESS
    8  EACH ITEM IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF  THIS  ARTI-
    9  CLE;
   10    (C) PUBLIC COMMENT HEARINGS, IN AT LEAST THREE GEOGRAPHIC LOCATIONS IN
   11  THE  STATE, AND AN OPPORTUNITY TO SUBMIT WRITTEN COMMENTS, SUBSEQUENT TO
   12  THE ISSUANCE OF A DRAFT PLAN, TO OBTAIN VIEWS AND COMMENTS OF INTERESTED
   13  PERSONS ON ANY ASPECT OF, OR ISSUE ADDRESSED IN, SUCH DRAFT PLAN;
   14    (D) EVIDENTIARY HEARINGS, AT THE REQUEST  OF  ANY  INTERESTED  PERSON,
   15  SUBSEQUENT  TO THE ISSUANCE OF A DRAFT PLAN, ON THE ISSUES IDENTIFIED IN
   16  SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE; AND
   17    (E) SUBMISSION OF A NOTICE FOR ANY HEARING OR OPPORTUNITY FOR  COMMENT
   18  PROVIDED  FOR  PURSUANT  TO  THIS SUBDIVISION FOR PUBLICATION WITHIN THE
   19  STATE REGISTER.
   20    3. INFORMATION FILED BY  MAJOR  ENERGY  SUPPLIERS  SHALL  INCLUDE  THE
   21  FOLLOWING:
   22    (A)  ALL  PROVIDERS OF ELECTRIC TRANSMISSION AND DISTRIBUTION SERVICES
   23  TO CUSTOMERS, INCLUDING THE POWER AUTHORITY OF THE STATE OF NEW YORK AND
   24  THE LONG ISLAND POWER AUTHORITY, SHALL INDIVIDUALLY PREPARE AND SUBMIT A
   25  COMPREHENSIVE  LONG-RANGE  PLAN  FOR  FUTURE  OPERATIONS,  WHICH   SHALL
   26  INCLUDE:
   27    (I)  A  FORECAST OF ELECTRICITY DEMANDS OVER A PERIOD OF FIVE, TEN AND
   28  TWENTY YEARS, INCLUDING ANNUAL IN-STATE ELECTRIC ENERGY SALES AND SUMMER
   29  AND WINTER PEAK LOADS BY UTILITY SERVICE AREA, AND TOTAL ANNUAL IN-STATE
   30  ELECTRIC ENERGY SALES AND COINCIDENT PEAK LOAD, SPECIFICALLY IDENTIFYING
   31  THE EXTENT TO WHICH  ENERGY  CONSERVATION,  LOAD  MANAGEMENT  AND  OTHER
   32  DEMAND-REDUCING MEASURES, AND ELECTRIC ENERGY GENERATED BY COGENERATION,
   33  SMALL HYDRO AND ALTERNATE ENERGY PRODUCTION FACILITIES, INCLUDING RENEW-
   34  ABLE  ENERGY  TECHNOLOGIES  AND  FUEL CELLS, CONSUMED ON SITE, HAVE BEEN
   35  INCORPORATED WITHIN SUCH FORECAST;
   36    (II) A FORECAST OF ELECTRICITY SUPPLY REQUIREMENTS OVER  A  PERIOD  OF
   37  FIVE,  TEN AND TWENTY YEARS, BY UTILITY SERVICE AREA, SPECIFICALLY IDEN-
   38  TIFYING THE AMOUNT OF RESERVE MARGINS  REQUIRED  FOR  RELIABLE  ELECTRIC
   39  SERVICE,  THE  AMOUNTS  OF TRANSMISSION AND DISTRIBUTION LOSSES ASSUMED,
   40  AND THE AMOUNT OF OUT-OF-STATE SALES COMMITMENTS;
   41    (III) AN ASSESSMENT OF THE  ABILITY  OF  EXISTING  ELECTRICITY  SUPPLY
   42  SOURCES,  AND THOSE REASONABLY CERTAIN TO BE AVAILABLE, TO SATISFY ELEC-
   43  TRICITY SUPPLY REQUIREMENTS, INCLUDING  ELECTRIC  GENERATING  FACILITIES
   44  WHICH  CAN  BE  RETAINED  IN  SERVICE  BEYOND THEIR ORIGINAL DESIGN LIFE
   45  THROUGH ROUTINE MAINTENANCE AND REPAIRS;
   46    (IV) AN INVENTORY OF: (1) ALL EXISTING ELECTRIC GENERATING AND  TRANS-
   47  MISSION  FACILITIES  INCLUDING  THE  POWER AUTHORITY OF THE STATE OF NEW
   48  YORK AND THE LONG ISLAND POWER AUTHORITY, (2)  ELECTRIC  GENERATING  AND
   49  TRANSMISSION FACILITIES UNDER CONSTRUCTION INCLUDING THE POWER AUTHORITY
   50  OF  THE STATE OF NEW YORK AND THE LONG ISLAND POWER AUTHORITY, INCLUDING
   51  THE DATES FOR COMPLETION AND OPERATION, (3) THE  ANTICIPATED  RETIREMENT
   52  DATES  FOR ANY ELECTRIC GENERATING FACILITIES CURRENTLY OPERATED INCLUD-
   53  ING THE POWER AUTHORITY OF THE STATE OF NEW YORK  AND  THE  LONG  ISLAND
   54  POWER  AUTHORITY,  (4)  LAND  OWNED INCLUDING THE POWER AUTHORITY OF THE
   55  STATE OF NEW YORK AND THE LONG  ISLAND  POWER  AUTHORITY  AND  HELD  FOR
   56  FUTURE  USE  AS  SITES FOR MAJOR ELECTRIC GENERATING FACILITIES, AND (5)
       A. 6801                             6
    1  ELECTRIC GENERATING FACILITIES OPERATED, OR PLANNED TO BE  OPERATED,  BY
    2  OTHERS, TO THE EXTENT INFORMATION CONCERNING THE SAME IS KNOWN;
    3    (V)  RECOMMENDED  SUPPLY  ADDITIONS  AND  DEMAND REDUCING MEASURES FOR
    4  SATISFYING THE ELECTRICITY SUPPLY REQUIREMENTS, NOT  REASONABLY  CERTAIN
    5  TO BE MET BY ELECTRICITY SUPPLY SOURCES IDENTIFIED IN SUBPARAGRAPH (III)
    6  OF  THIS  PARAGRAPH,  INCLUDING  THE LIFE EXTENSION OF EXISTING ELECTRIC
    7  GENERATING FACILITIES, AND REASONS THEREFOR;
    8    (VI) A STATEMENT OF RESEARCH AND DEVELOPMENT PLANS,  INCLUDING  OBJEC-
    9  TIVES AND PROGRAMS IN THE AREAS OF ENERGY CONSERVATION, LOAD MANAGEMENT,
   10  ELECTRIC  GENERATION  AND  TRANSMISSION,  NEW  ENERGY  TECHNOLOGIES  AND
   11  POLLUTION ABATEMENT AND CONTROL, WHICH ARE NOT FUNDED THROUGH REGULATORY
   12  REQUIRED PROGRAMS, RECENT RESULTS OF SUCH PROGRAMS UNDERTAKEN OR  FUNDED
   13  TO DATE, AND AN ASSESSMENT OF THE POTENTIAL IMPACTS OF SUCH RESULTS;
   14    (VII)  A  PROJECTION OF ESTIMATED ELECTRICITY PRICES TO CONSUMERS OVER
   15  THE FORECAST PERIOD, AND A SENSITIVITY ANALYSIS OF THAT FORECAST  RELAT-
   16  ING  TO  A  NUMBER  OF  FACTORS  INCLUDING FUEL PRICES AND THE LEVELS OF
   17  AVAILABLE CAPACITY AND DEMAND IN THE REGIONS OF THE STATE;
   18    (VIII) A DESCRIPTION OF  THE  LOAD  FORECASTING  METHODOLOGY  AND  THE
   19  ASSUMPTIONS  AND  DATA USED IN THE PREPARATION OF THE FORECASTS, SPECIF-
   20  ICALLY INCLUDING PROJECTIONS OF DEMOGRAPHIC AND  ECONOMIC  ACTIVITY  AND
   21  SUCH  OTHER  FACTORS, STATEWIDE AND BY SERVICE AREA, WHICH MAY INFLUENCE
   22  ELECTRICITY DEMAND, AND THE BASES FOR SUCH PROJECTIONS;
   23    (IX) PROPOSED POLICIES, OBJECTIVES  AND  STRATEGIES  FOR  MEETING  THE
   24  STATE'S FUTURE ELECTRICITY NEEDS; AND
   25    (X)  SUCH  ADDITIONAL  INFORMATION  AS  THE  BOARD MAY, BY REGULATION,
   26  REQUIRE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
   27    (B) THE MEMBERS OF THE NEW YORK GAS GROUP SHALL  INDIVIDUALLY  PREPARE
   28  AND  SUBMIT A COMPREHENSIVE LONG-RANGE PLAN FOR FUTURE OPERATIONS, WHICH
   29  SHALL INCLUDE:
   30    (I) A FORECAST OVER A PERIOD OF FIVE, TEN AND TWENTY YEARS, BY UTILITY
   31  SERVICE AREA, OF ESTIMATED ANNUAL  IN-STATE  GAS  SALES,  WINTER  SEASON
   32  SALES AND PEAK DAY SALES BY APPROPRIATE END-USE CLASSIFICATIONS, SPECIF-
   33  ICALLY  IDENTIFYING THE EXTENT TO WHICH ENERGY CONSERVATION MEASURES AND
   34  THE SALE OF GAS OWNED BY PERSONS OTHER THAN THE MEMBERS OF THE NEW  YORK
   35  GAS GROUP DIRECTLY TO END-USERS HAVE BEEN INCORPORATED WITHIN SUCH FORE-
   36  CAST;
   37    (II)  A FORECAST OF GAS SUPPLY REQUIREMENTS OVER A PERIOD OF FIVE, TEN
   38  AND TWENTY YEARS, BY UTILITY SERVICE AREA, SPECIFICALLY IDENTIFYING  THE
   39  AMOUNTS  OF GAS NEEDED TO MEET SEVERE WEATHER CONDITIONS, LOST AND UNAC-
   40  COUNTED FOR GAS, OUT-OF-STATE SALES COMMITMENTS AND INTERNAL USE;
   41    (III) AN ASSESSMENT OF THE ABILITY OF EXISTING GAS SUPPLY SOURCES, AND
   42  THOSE REASONABLY CERTAIN TO BE AVAILABLE, TO SATISFY GAS SUPPLY REQUIRE-
   43  MENTS;
   44    (IV) AN INVENTORY OF:  (1) ALL EXISTING SUPPLY SOURCES, STORAGE FACIL-
   45  ITIES, AND TRANSMISSION FACILITIES WHICH ARE USED IN  PROVIDING  SERVICE
   46  WITHIN  THE  STATE,  (2)  THE  TRANSMISSION AND STORAGE FACILITIES UNDER
   47  CONSTRUCTION WHICH WOULD BE USED IN PROVIDING SERVICE WITHIN THE  STATE,
   48  THEIR  PROJECTED  COSTS  AND CAPACITIES, INCLUDING PEAKING CAPACITY, (3)
   49  TRANSMISSION FACILITY ADDITIONS PROPOSED TO BE CONSTRUCTED BY MEMBERS OF
   50  THE GAS GROUP, (4) TRANSMISSION FACILITIES OPERATED, OR  PLANNED  TO  BE
   51  OPERATED,  BY  OTHERS,  TO THE EXTENT INFORMATION CONCERNING THE SAME IS
   52  KNOWN;
   53    (V) RECOMMENDED SUPPLY  ADDITIONS  AND  DEMAND-REDUCING  MEASURES  FOR
   54  SATISFYING THE GAS SUPPLY REQUIREMENTS, NOT REASONABLY CERTAIN TO BE MET
   55  BY GAS SUPPLY SOURCES IDENTIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH
   56  AND THE REASONS THEREFOR;
       A. 6801                             7
    1    (VI)  A PROJECTION OF ESTIMATED GAS PRICES TO CONSUMERS OVER THE FORE-
    2  CAST PERIOD, AND A SENSITIVITY ANALYSIS OF THAT FORECAST RELATING  TO  A
    3  NUMBER  OF FACTORS INCLUDING THE LEVELS OF AVAILABLE CAPACITY AND DEMAND
    4  IN THE REGIONS OF THE STATE;
    5    (VII)  A  DESCRIPTION  OF  THE  LOAD  FORECASTING  METHODOLOGY AND THE
    6  ASSUMPTIONS AND DATA USED IN THE PREPARATION OF THE  FORECASTS,  SPECIF-
    7  ICALLY  INCLUDING  PROJECTIONS  OF DEMOGRAPHIC AND ECONOMIC ACTIVITY AND
    8  SUCH OTHER FACTORS, STATEWIDE AND BY SERVICE AREA, WHICH  MAY  INFLUENCE
    9  DEMAND FOR NATURAL GAS, AND THE BASES FOR SUCH PROJECTIONS;
   10    (VIII) A STATEMENT OF RESEARCH AND DEVELOPMENT PLANS, INCLUDING OBJEC-
   11  TIVES  AND  PROGRAMS  IN THE AREAS OF ENERGY CONSERVATION AND NEW ENERGY
   12  TECHNOLOGIES, RECENT RESULTS OF SUCH PROGRAMS UNDERTAKEN  OR  FUNDED  TO
   13  DATE, AND AN ASSESSMENT OF THE POTENTIAL IMPACTS OF SUCH RESULTS;
   14    (IX)  PROPOSED  POLICIES,  OBJECTIVES  AND  STRATEGIES FOR MEETING THE
   15  STATE'S FUTURE GAS NEEDS; AND
   16    (X) SUCH ADDITIONAL INFORMATION  AS  THE  BOARD  MAY,  BY  REGULATION,
   17  REQUIRE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
   18    (C)  SUCH  INFORMATION  FROM  MAJOR PETROLEUM SUPPLIERS AND MAJOR COAL
   19  SUPPLIERS AS THE BOARD MAY, BY REGULATION,  REQUIRE  TO  CARRY  OUT  THE
   20  PURPOSES OF THIS ARTICLE.
   21    (D)  SUCH INFORMATION FROM OWNERS AND OPERATORS OF ELECTRIC GENERATING
   22  POWER PLANTS AS THE BOARD MAY, BY REGULATION, REQUIRE TO CARRY  OUT  THE
   23  PURPOSES OF THIS ARTICLE.
   24    4.  ANY  INFORMATION  FILED  UNDER  THIS SECTION THAT IS CLAIMED TO BE
   25  CONFIDENTIAL SHALL BE TREATED IN ACCORDANCE WITH REGULATIONS ADOPTED  BY
   26  THE BOARD PERTAINING TO THE DETERMINATION OF CONFIDENTIAL STATUS AND THE
   27  RETENTION OF CONFIDENTIAL RECORDS.
   28    5.  COPIES OF THE DRAFT PLAN, AND ALL NON-CONFIDENTIAL INFORMATION AND
   29  COMMENTS FILED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE  TO  THE
   30  PUBLIC FOR INSPECTION.
   31    6. THE BOARD MAY AMEND THE STATE ENERGY PLAN, OR ASPECTS THEREOF, UPON
   32  ITS  OWN  INITIATIVE  OR  UPON THE WRITTEN APPLICATION OF ANY INTERESTED
   33  PERSON. IN CONNECTION WITH ANY SUCH AMENDMENT, THE BOARD MAY REQUIRE THE
   34  FILING OF SUCH INFORMATION AS MAY BE  REQUIRED,  CONSISTENT  WITH  REGU-
   35  LATION.  PRIOR  TO  ADOPTING ANY PROPOSED AMENDMENT TO AN ELEMENT OF THE
   36  PLAN IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE, THE
   37  BOARD SHALL HOLD EVIDENTIARY HEARINGS, UPON THE WRITTEN  APPLICATION  OF
   38  AN  INTERESTED  PARTY.    PRIOR  TO ADOPTING A PROPOSED AMENDMENT TO ANY
   39  ELEMENT OF THE PLAN, THE BOARD SHALL PREPARE AND PUBLISH  IN  THE  STATE
   40  REGISTER  NOTICE  OF  ANY DRAFT AMENDMENT AND REASONS THEREFOR AND SHALL
   41  SOLICIT PUBLIC COMMENTS THEREON. THE BOARD SHALL ADOPT AN  AMENDMENT  TO
   42  THE  STATE  ENERGY PLAN, OR ASPECTS THEREOF, UPON A FINDING BY THE BOARD
   43  THAT THERE HAS BEEN A MATERIAL AND SUBSTANTIAL CHANGE IN FACT OR CIRCUM-
   44  STANCE SINCE THE MOST RECENT PLAN WAS ADOPTED. A DECISION OF  THE  BOARD
   45  THAT  NO  AMENDMENT  IS  NECESSARY, TOGETHER WITH THE REASONS SUPPORTING
   46  SUCH DETERMINATION, SHALL BE FINAL.
   47    7. ANY PERSON WHO PARTICIPATED IN THE STATE ENERGY PLANNING PROCEEDING
   48  OR ANY PERSON WHO SOUGHT AN AMENDMENT OF THE STATE ENERGY PLAN  PURSUANT
   49  TO  SUBDIVISION  SIX  OF  THIS  SECTION, MAY OBTAIN, PURSUANT TO ARTICLE
   50  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES,  JUDICIAL  REVIEW  OF
   51  THE  BOARD'S  DECISION  ADOPTING A PLAN, OR ANY AMENDMENT THERETO, OR OF
   52  THE BOARD'S DECISION NOT TO AMEND SUCH PLAN PURSUANT TO SUBDIVISION  SIX
   53  OF  THIS  SECTION.  ANY  SUCH SPECIAL PROCEEDING SHALL BE BROUGHT IN THE
   54  APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK FOR THE
   55  THIRD JUDICIAL DEPARTMENT. SUCH PROCEEDING SHALL  BE  INITIATED  BY  THE
   56  FILING OF A PETITION IN SUCH COURT WITHIN THIRTY DAYS AFTER THE ISSUANCE
       A. 6801                             8
    1  OF  A  DECISION BY THE BOARD. THE PROCEEDING SHALL HAVE A LAWFUL PREFER-
    2  ENCE OVER ANY OTHER MATTER, SHALL BE HEARD ON  AN  EXPEDITED  BASIS  AND
    3  SHALL  BE  COMPLETED  IN  ALL RESPECTS, INCLUDING ANY SUBSEQUENT APPEAL,
    4  WITHIN ONE HUNDRED EIGHTY DAYS OF THE FILING OF THE PETITION. WHERE MORE
    5  THAN ONE SUCH PETITION IS FILED, THE COURT MAY PROVIDE FOR CONSOLIDATION
    6  OF  THE  PROCEEDINGS. NOTWITHSTANDING THE PROVISIONS OF ARTICLE SEVEN OF
    7  THE PUBLIC SERVICE LAW, THE PROCEDURE SET FORTH HEREIN SHALL  CONSTITUTE
    8  THE  EXCLUSIVE  MEANS  FOR SEEKING JUDICIAL REVIEW OF ANY ELEMENT OF THE
    9  PLAN.
   10    8. PROCEEDINGS CONDUCTED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
   11  ERED PART OF AN ADJUDICATORY PROCEEDING AS DEFINED IN SUBDIVISION  THREE
   12  OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, OR
   13  PART  OF  A RULE MAKING PROCEEDING HELD UNDER SUBDIVISION ONE OF SECTION
   14  TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   15    S 6-108. RELIABILITY STUDY. 1.   EVERY FOUR  YEARS,  THE  BOARD  SHALL
   16  UNDERTAKE  A  STUDY  OF  THE OVERALL RELIABILITY OF THE STATE'S ELECTRIC
   17  TRANSMISSION AND DISTRIBUTION SYSTEM. THE BOARD  MAY  CONTRACT  WITH  AN
   18  INDEPENDENT  AND  COMPETITIVELY  SELECTED  CONTRACTOR  TO UNDERTAKE SUCH
   19  STUDY. THE BOARD SHALL PREPARE A REPORT ON  SUCH  STUDY'S  FINDINGS  AND
   20  LEGISLATIVE RECOMMENDATIONS.  THE BOARD SHALL TRANSMIT SUCH REPORT ALONG
   21  WITH THE RELIABILITY STUDY TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY,
   22  THE  TEMPORARY PRESIDENT OF THE SENATE, THE CHAIR OF THE ASSEMBLY ENERGY
   23  COMMITTEE, AND THE CHAIR OF THE  SENATE  ENERGY  AND  TELECOMMUNICATIONS
   24  COMMITTEE.
   25    2.  THE  STUDY SHALL INCLUDE, AT MINIMUM, AN ASSESSMENT OF EACH OF THE
   26  FOLLOWING:
   27    (A) THE CURRENT AND PROJECTED RELIABILITY OF THE ELECTRIC POWER SYSTEM
   28  OVER THE TERM OF THE PLANNING PERIOD,  WITH  SPECIFIC  FOCUS  ON  TRANS-
   29  MISSION  SYSTEMS  AND DISTRIBUTION SYSTEMS WITHIN THE STATE. THE ASSESS-
   30  MENT SHALL EXAMINE: (I) INVESTMENT IN INFRASTRUCTURE, INCLUDING  CAPITAL
   31  IMPROVEMENTS,  EXPANSIONS,  AND MAINTENANCE; AND (II) WORKFORCE UTILIZA-
   32  TION.
   33    (B) THE POTENTIAL IMPACT OF THE FOLLOWING ON DISTRIBUTION SYSTEM RELI-
   34  ABILITY AND ON EACH FACTOR ENUMERATED IN PARAGRAPH (A) OF THIS  SUBDIVI-
   35  SION:  (I)  DISTRIBUTED ELECTRIC GENERATION, ESPECIALLY GENERATION USING
   36  RENEWABLE OR INNOVATIVE ENERGY RESOURCES; (II) ENERGY  CONSERVATION  AND
   37  EFFICIENCY; (III) LOAD CONTROL AND PEAK SHAVING MEASURES; (IV) CORPORATE
   38  REORGANIZATION   OF  ELECTRIC  UTILITIES;  (V)  PERFORMANCE  RATEMAKING,
   39  MULTI-YEAR RATE AGREEMENTS, AND OTHER DEPARTURES FROM TRADITIONAL  REGU-
   40  LATORY MECHANISMS; AND (VI) LARGE SCALE INDUSTRIAL DEVELOPMENT.
   41    (C) THE POTENTIAL IMPACT OF THE FOLLOWING ON TRANSMISSION SYSTEM RELI-
   42  ABILITY:  (I)  EACH  FACTOR ENUMERATED IN PARAGRAPH (B) OF THIS SUBDIVI-
   43  SION; (II) CHANGES IN PROTOCOLS FOR ELECTRICITY DISPATCHED  THROUGH  THE
   44  NEW  YORK POWER POOL OR ITS SUCCESSOR OR SUCCESSORS; (III) ACCOMMODATION
   45  OF PROPOSED NEW ELECTRIC GENERATION FACILITIES  OR  REPOWERING  OR  LIFE
   46  EXTENSION  OF  EXISTING FACILITIES; AND (IV) THE MARKET-DRIVEN NATURE OF
   47  DECISIONS TO BUILD, SIZE, AND LOCATE SUCH FACILITIES.
   48    3. THE BOARD SHALL CONSULT  WITH  ENTITIES  THAT  HAVE  RESOURCES  AND
   49  EXPERTISE TO ASSIST IN SUCH INVESTIGATION.
   50    (A)  THE LONG ISLAND POWER AUTHORITY, THE POWER AUTHORITY OF THE STATE
   51  OF NEW YORK, THE DEPARTMENT OF PUBLIC SERVICE, AND THE  MEMBERS  OF  THE
   52  NEW  YORK POWER POOL OR ITS SUCCESSOR OR SUCCESSORS SHALL COOPERATE WITH
   53  THE BOARD AND ITS CONTRACTOR.
   54    (B) THE LONG ISLAND POWER AUTHORITY AND THE  POWER  AUTHORITY  OF  THE
   55  STATE  OF  NEW  YORK ARE AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY
       A. 6801                             9
    1  THEIR RESPECTIVE BOARDS, TO MAKE A  VOLUNTARY  CONTRIBUTION  TOWARD  THE
    2  INVESTIGATION.
    3    S 2. Section 1005 of the public authorities law is amended by adding a
    4  new subdivision 16 to read as follows:
    5    16.  TO  COMPLETE  AN  ANNUAL  ENERGY  PLAN  IN  ACCORDANCE  WITH  THE
    6  PROVISIONS OF ARTICLE SIX OF THE ENERGY LAW. IN ADDITION TO ANY REQUIRE-
    7  MENTS OF ARTICLE SIX OF THE ENERGY  LAW,  THE  AUTHORITY  SHALL  PROVIDE
    8  COPIES  OF  ITS ANNUAL ENERGY PLAN TO THE GOVERNOR, THE TEMPORARY PRESI-
    9  DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE ASSEM-
   10  BLY COMMITTEE ON ENERGY AND THE CHAIR OF THE SENATE COMMITTEE ON  ENERGY
   11  AND  TELECOMMUNICATIONS.  FURTHER,  THE  AUTHORITY  SHALL  COOPERATE AND
   12  PARTICIPATE IN THE STATE ENERGY PLANNING  PROCEDURES  AS  ENUMERATED  IN
   13  ARTICLE SIX OF THE ENERGY LAW.
   14    S  3.  Sections 1020-gg, 1020-hh and 1020-ii of the public authorities
   15  law, as renumbered by chapter 234 of the laws of  2004,  are  renumbered
   16  sections 1020-hh, 1020-ii and 1020-jj and a new section 1020-gg is added
   17  to read as follows:
   18    S 1020-GG. ENERGY PLAN.  THE AUTHORITY SHALL COMPLETE AN ANNUAL ENERGY
   19  PLAN IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SIX OF THE ENERGY LAW.
   20  IN  ADDITION  TO  ANY REQUIREMENTS OF ARTICLE SIX OF THE ENERGY LAW, THE
   21  AUTHORITY SHALL PROVIDE COPIES OF ITS ANNUAL ENERGY PLAN TO  THE  GOVER-
   22  NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY,
   23  THE  CHAIR  OF  THE  ASSEMBLY  COMMITTEE  ON ENERGY AND THE CHAIR OF THE
   24  SENATE COMMITTEE ON ENERGY AND TELECOMMUNICATIONS. FURTHER, THE AUTHORI-
   25  TY SHALL COOPERATE AND PARTICIPATE IN THE STATE ENERGY  PLANNING  PROCE-
   26  DURES AS ENUMERATED IN ARTICLE SIX OF THE ENERGY LAW.
   27    S 4. This act shall take effect immediately.
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