New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter III - State Energy Planning Proceeding
Subchapter A - General Provisions
Part 7840 - Introduction
Section 7840.1 - Introduction

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7840.1

Current through Register Vol. 46, No. 39, September 25, 2024

(a) This Chapter comprises the regulations for implementation of the State energy planning proceedings established by chapter 433 of the Laws of 2009, as amended by chapter 195 of the Laws of 2011. These proceedings culminate in the issuance by the State Energy Planning Board (board) of a State Energy Plan (plan) every four years, with the final version of the first plan to be issued on or before March 15, 2013.

(b) The energy planning proceedings shall provide all entities listed in section 6-106 (3) of the Energy Law and other interested persons a full and fair opportunity to present information and their views to the board on any aspect of, or issue required to be addressed in, the State Energy Plan.

(c) The plan will not be a fixed document. The board is required to:

(1) adopt a plan every four years; and

(2) prepare a biennial report every second year following issuance of a plan. The board may amend the plan, or aspects thereof, upon its own initiative or upon the written application of any interested person, in accordance with Part 7852 of this Title.

(d) 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 subdivision, 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. A State agency, board, commission or authority may take official notice of the most recent State Energy Plan adopted by the board prior to any final energy-related decision by such agency, board, commission or authority.

(e) Nothing in these regulations shall limit the authority of any State agency, board, commission or authority to deny the 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.

(f) To facilitate public participation in the energy planning process, a State Energy Plan website will be created and the secretary will maintain a service list.

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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