Relates to the composition, responsibilities and discretion of the state energy planning board and makes technical changes related thereto

Summary of provisions

Section 1 of the bill would amend Energy Law § 6-102 to remove the President of the New York State Urban Development Corporation, the director of the state emergency management office and the chair of the consumer protection board and add the commissioner of the division of homeland security and the commissioner of agriculture and markets as members of the Board. Section 1 also clarifies that each of the two Regional Planning Councils would have an advisory role in the energy planning process implemented through submission of a report to the Board. Section 1 also adds the division of homeland security to the list of agencies providing staff services to the Board.

Section 2 would amend Energy Law § 6-104, which currently requires forecasts of energy supply and demand for five, ten and fifteen years. The amendment would allow the Board to determine the appropriate forecast period. In addition, § 6-104 currently requires forecasts for each region of the state as well as the state as a whole. The amendment would require regional analyses only if the Board determines it to be feasible and necessary.

Section 3 of the bill would amend Energy Law § 6-106 to require at least three public hearings on the draft state energy plan in each of the two regions defined in §6-102. Section 3 would also make changes conforming to the changes in section 2 of the bill relating to energy forecasting periods. Section 3 would also allow the Board to require a single comprehensive submission of required information from industry or trade groups of utilities and major energy suppliers, rather than individual submissions from their members.

Section 4 of the bill would amend Energy Law §6-106(6) to require the Board to hold public comment hearings prior to adopting an amendment to the energy plan, but to make evidentiary hearings, if requested, discretionary, rather than mandatory.

Section 5 of the bill would provide for an immediate effective date.

Existing law

Article 6 of the Energy Law was created by chapter 433 of the laws of 2009. It reenacts much of the prior Article 6 which sunset in 2003.

Chapter 433 established the new State Energy Planning Board, requires the Board to adopt a new State Energy Plan by March 15, 2013, and established the process by which the new Energy Plan is to be developed.

Prior legislative history

This is a new proposal.

Statement in support

Chapter 433 of the Laws of 2009 established an independent energy planning board, to create a comprehensive and permanent energy planning process in New York, and thereby to promote energy independence. This bill would maintain the central elements of Chapter 433, while making certain technical changes that would streamline the planning process, reduce the burden the planning process currently places on state agencies, and ensure that the Board can focus its efforts on the most important aspects of the energy planning process.

First, it would streamline the Board, by removing the President of the New York UDC, the director of the state emergency management office and the chair of the consumer protection board and adding the commissioner of the division of homeland security and the commissioner of agriculture and markets. The UDC interests on the Board will be represented by the Commissioner of Economic Development, who is also a Board member. Participation by the commissioner of agriculture and markets will be important to represent the interest of that important sector.

Second, the bill makes clear that the role of Regional Planning Councils on the Board is advisory. While input from the Regional Planning Councils will help to provide focus on more granular level energy system needs, it would be difficult and unwieldy to add up to an additional 18 non-voting members to the Board as current law provides. To provide this participation at the optimal level, the Regional Planning Councils are best suited as facilitators, to identify and coalesce regional needs, and present to the Board for consideration a report and recommendations specific to their regions on a schedule to be determined by the Board.

Third, the bill would give the Board discretion to determine the forecast period for the Plan and to require comprehensive group submissions from electric and from utilities. This will eliminate the potential for unnecessary studies and effort.

Budget implications

The bill is expected to produce modest savings to NYSERDA and the agencies of the ex officio members.

Effective date

The bill would take effect immediately.