Appendix C: An Energy Shortage Contingency Plan 
 

 

This upgrade of the original bill was contributed by Daniel Lerch, Post Carbon Institute, author of Post Carbon Cities. It has not been introduced to the NYC Council, and is presented to stimulate discussion about future legislation. 

Draft Energy Shortage Contingency Plan Bill
Based on Int. No. 374 (introduced in 2004) 

By the Speaker (      ) and Council Members (                 )
 

Title
 

A Local Law to amend the New York City charter, in relation to creating an energy shortage contingency plan.
 

Body
 

Be it enacted by the Council as follows:
Section 1.  Chapter 1 of the New York City charter is amended by adding thereto a new §20 to read as follows:

§20.  Energy shortage contingency plan. 

a. On or before January 1, 2008, the Mayor shall assess the energy needs of the City and prepare and implement an Energy Shortage Contingency Plan specifying actions to be taken to prevent shortages and to respond to shortages of energy to protect public health, safety, and welfare. This plan shall include, but not be limited to, the following: 

 (1) a definition of Energy Emergency Alert Levels to warn the public when energy supplies and/or prices are unusually volatile and consumption should be limited, and corresponding guidelines regarding the declaration of each alert level.  The definition of these levels should consider:

i.          electricity, motor fuel (gasoline and diesel), heating fuel (natural gas and oil)

ii.         potential for supply disruptions (e.g., the regional electricity grid is approaching capacity)

iii.        potential for unsual price volatility (e.g., global slack oil production is under 1MM barrels per day)

(2) a communications structure by which information regarding energy emergencies and Energy Emergency Alert Levels is shared with the public; 

(3) conservation strategies to reduce energy usage by city agencies and the private sector; 

(4) rules concerning energy usage and appropriate methods for enforcing such rules for each of the energy emergency response stages; and 

(5) coordination with appropriate state and city entities, such as

• • • the New York State Independent System Operator,

    • the Public Service Commission,

    • the New York State Energy Research and Development Authority, the Department of Small Business Services,

    • the Department of Environmental Protection, and

    • the Economic Development Corporation.    

This plan shall be submitted to the Speaker of the Council, the Public Advocate and the Comptroller immediately upon its completion.

b.  The Mayor shall review the plan required by subdivision (a) of this section no later than May 1, 2008, and no less often than every three years thereafter, at which times the Mayor shall revise such plan, as appropriate.  Any such revision shall be completed within four months of any review undertaken in accordance with this subdivision. 

c.  Immediately upon completion of each review undertaken pursuant to subdivision (b) of this section, the Mayor shall submit to the Speaker of the Council, the Public Advocate and the Comptroller a revised plan and a letter explaining why revisions were made and determined to be necessary, except that if the plan has not been revised, the Mayor shall submit a letter to that effect to the Speaker of the Council, the Public Advocate and the Comptroller, which shall include an explanation of why no revisions were made.

§2. This local law shall take effect immediately.
 

***
 

The original bill, Int. No. 374 (introduced in 2004)

By the Speaker (Council Member Miller) and Council Members Gennaro, Addabbo, Baez, Brewer, Clarke, Fidler, Foster, Gentile, Gerson, James, Koppell, Liu, Lopez, Martinez, McMahon, Monserrate, Nelson, Palma, Quinn, Recchia, Reed, Sanders, Stewart, Vann, Weprin and Jackson
 

Title
 

A Local Law to amend the New York city charter, in relation to creating an energy shortage contingency plan.
 

Body
 

Be it enacted by the Council as follows:

Section 1.  Chapter 1 of the New York City charter, is amended by adding thereto a new § 20 to read as follows:

§20. Energy shortage contingency plan. 

a. On or before January 1, 2005, the Mayor shall assess the energy needs of the City and prepare and implement a contingency plan specifying actions to be taken to prevent shortages and to respond to shortages of energy to protect public health, safety, and welfare. This plan shall include, but not be limited to, the following: (1) energy emergency response stages and corresponding guidelines regarding the declaration of each stage; (2) a communications structure by which information regarding energy emergencies and energy emergency response stages is shared with the public; (3) conservation strategies to reduce energy usage by city agencies and the private sector; (4) rules concerning energy usage and appropriate methods for enforcing such rules for each of the energy emergency response stages; and (5) coordination with appropriate state and city entities, such as the New York State Independent System Operator, the Public Service Commission, the New York State Energy Research and Development Authority, the Department of Small Business Services, the Department of Environmental Protection and the Economic Development Corporation.  This plan shall be submitted to the Speaker of the Council, the Public Advocate and the Comptroller immediately upon its completion.

b.  The Mayor shall review the plan required by subdivision a of this section no later than January 1, 2008, and no less often than every three years thereafter, at which times the Mayor shall revise such plan, as appropriate.  Any such revision shall be completed within four months of any review undertaken in accordance with this subdivision. 

c.  Immediately upon completion of each review undertaken pursuant to subdivision b of this section, the Mayor shall submit to the Speaker of the Council, the Public Advocate and the Comptroller a revised plan and a letter explaining why revisions were made and determined to be necessary, except that if the plan has not been revised, the Mayor shall submit a letter to that effect to the Speaker of the Council, the Public Advocate and the Comptroller, which shall include an explanation of why no revisions were made.

§2. This local law shall take effect immediately.