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New York energy law is the
statutory A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
,
regulatory Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
, and
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
of the
state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
of
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
concerning the policy, conservation, taxation, and utilities involved in
energy Energy () is the physical quantity, quantitative physical property, property that is transferred to a physical body, body or to a physical system, recognizable in the performance of Work (thermodynamics), work and in the form of heat and l ...
. Secondary sources have also influenced
energy law Energy laws govern the use and taxation of energy, both renewable and non-renewable. These laws are the primary authorities (such as caselaw, statutes, rules, regulations and edicts) related to energy. In contrast, energy policy refers to ...
in New York. The myriad legal issues concerning hydrofracking in New York has in the 2010s spawned a new body of legal authority with primary authorities such as case law, statutes, and zoning regulations, as well as secondary sources such as law review and newspaper articles, for this rapidly changing field of law.


Energy Law (Consolidated Laws)

The ''
New York Consolidated Laws The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called ...
'' includes a statutory code called the "Energy Law". Under New York law, "energy" and "energy resources" are defined as: The N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the Consolidated Laws. The 1970s was a period of tremendous expansion of both federal and state laws concerning energy. This code is divided into these articles, which are ''not'' sequential:
1. Short Title; Definitions
3. State Energy Policy
5. State Energy Office, etc.
7. Transfer of Functions
8. Light Efficiency Standards (for existing buildings) Act
9. Energy Performance (for public buildings)
10. Fuel Set-aside Act
11. Conservation Construction Code Act
12. Solar Energy Products Warranty Act
13. State Green Building Construction Act (new, "Effective Date: 03/24/2009")N.Y. Energy Law, Art. 13, of Consolidated Laws, a
New York State Legislature official website
go to "ENG", then "Article 13". Accessed February 4, 2009.

16. Appliance Efficiency Standards (new)
17. Energy Information
18. Temporary Nuclear Waste Repositories
21. Energy Supply and Production
Appendix – Rules The ''
Bluebook ''The Bluebook: A Uniform System of Citation'' is a style guide that prescribes the most widely used legal citation system in the United States. It is taught and used at a majority of Law school in the United States, law schools in the United S ...
'' citation for ''McKinney's Statutes'' is N.Y. Engy. L., while for the '' Consolidated Laws'', the citation is "Energy".


Recent legislation and Legislative committees


State senate

The
New York State Senate The New York State Senate is the upper house of the New York State Legislature, while the New York State Assembly is its lower house. Established in 1777 by the Constitution of New York, its members are elected to two-year terms with no term l ...
Energy and Telecommunications Committee is chaired by Kevin Parker, of
Brooklyn Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
. The energy and
telecommunications Telecommunication, often used in its plural form or abbreviated as telecom, is the transmission of information over a distance using electronic means, typically through cables, radio waves, or other communication technologies. These means of ...
committee was previously chaired by Senator
Joseph Griffo Joseph A. "Joe" Griffo (born January 16, 1956) is an American politician serving as a member of the New York Senate from the New York's 53rd State Senate district, 53rd district since 2023, and the New York's 47th State Senate district, 47th dis ...
, a Republican from
Rome Rome (Italian language, Italian and , ) is the capital city and most populated (municipality) of Italy. It is also the administrative centre of the Lazio Regions of Italy, region and of the Metropolitan City of Rome. A special named with 2, ...
, in Oneida County; before that Republican Senator George D. Maziarz, of Newfane, in western
Niagara County Niagara County is in the U.S. state of New York. As of the 2020 United States census, the population was 212,666. The county seat is Lockport. The county name is from the Iroquois word ''Onguiaahra''; meaning ''the strait'' or ''thunder of ...
, was chair, and prior to Maziarz, Democratic Senator Darrel Aubertine, of upstate Cape Vincent, Jefferson County, was chair of the committee. This is Parker's second term as chair of the energy and telecommunications committee. Before 2009, it was a "
backbench In Westminster and other parliamentary systems, a backbencher is a member of parliament (MP) or a legislator who occupies no governmental office and is not a frontbench spokesperson in the Opposition, being instead simply a member of t ...
" committee; in 2008, the Senate referred six bills to the Assembly Energy committee, but none of them were passed.New York State Assembly website Updates from the Committee on Energy
Retrieved March 6, 2009.
Senate Majority Leader Malcolm Smith replaced Senator Parker, then chair, with Aubertine on May 11, 2009, after Parker's arrest on
harassment Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and ...
charges. Aubertine supported an extension to the "Power for Jobs" state program. In November 2010, Aubertine lost re-election, and the Republicans garnered a majority. In 2014, Maziarz held a meeting with the Public Service Commission to discuss the PSC's extension of the 18-a surcharge (the temporary utility assessment) which he claimed overcharged ratepayers by $250 million and the state Senate Republicans were calling a new state tax. Maziarz chose not to run for re-election in 2014 after being charged by former state Attorney General
Eric Schneiderman Eric Tradd Schneiderman (born December 31, 1954) is an American lawyer and politician who served as the 65th attorney general of New York from 2011 until his resignation in May 2018. Schneiderman, a member of the Democratic Party, spent ten year ...
with election law violations. In 2018, the Democratic party regained the majority. The Senate Environmental Conservation, as
standing committee A committee or commission is a body of one or more persons subordinate to a deliberative assembly or other form of organization. A committee may not itself be considered to be a form of assembly or a decision-making body. Usually, an assembly o ...
, is chaired by Todd Kaminsky, of
Long Island Long Island is a densely populated continental island in southeastern New York (state), New York state, extending into the Atlantic Ocean. It constitutes a significant share of the New York metropolitan area in both population and land are ...
.


Assembly

As of November 2018, Member of the Assembly Michael Cusick, a Democrat representing parts of
Staten Island Staten Island ( ) is the southernmost of the boroughs of New York City, five boroughs of New York City, coextensive with Richmond County and situated at the southernmost point of New York (state), New York. The borough is separated from the ad ...
, is chairperson of the
New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Ass ...
Committee on Energy. In 2014, Member of the Assembly Amy Paulin, representing parts of suburban Westchester County, was the chair. Congressman
Paul Tonko Paul David Tonko ( ; born June 18, 1949) is an American politician serving as the U.S. representative for since 2013. He represented the 21st congressional district from 2009 to 2013. A member of the Democratic Party, Tonko has been called a ...
, Assemblyman Kevin Cahill, representing Upstate
Ulster Ulster (; or ; or ''Ulster'') is one of the four traditional or historic provinces of Ireland, Irish provinces. It is made up of nine Counties of Ireland, counties: six of these constitute Northern Ireland (a part of the United Kingdom); t ...
and Dutchess counties, and
Thomas O'Mara Thomas Chrysostom O'Mara (1847 – 23 June 1891) was an Australian politician. He was born in Tumut to pastoralist Timothy O'Mara and Johanna Quilty. He was a barrister, admitted to the bar in 1874. In 1882 he was elected to the New South Wa ...
are all past chairs. Former
comptroller A comptroller (pronounced either the same as ''controller'' or as ) is a management-level position responsible for supervising the quality of accountancy, accounting and financial reporting of an organization. A financial comptroller is a senior- ...
Andrew Hevesi, was formerly a chair of the Assembly
Renewable Energy Renewable energy (also called green energy) is energy made from renewable resource, renewable natural resources that are replenished on a human lifetime, human timescale. The most widely used renewable energy types are solar energy, wind pow ...
subcommittee. In 2017, the Committee on Energy held hearings to discuss the pending shut down of Indian Point, Zero-Emissions Credits, and the Clean Energy Standard. Committee on Energy hearings in 2009 included hearings on the New York
Independent System Operator A regional transmission organization (RTO) in the United States is an electric power transmission system operator (TSO) that coordinates, controls, and monitors a multi-state electric grid. The transfer of electricity between states is consider ...
's Electricity Commodity Pricing,Notice of Public Hearing, from th
New York State Assembly website Committee on Energy pages
Retrieved March 6, 2009.
Larry Rulison, "NYISO openness needed, critic says: Author of study urges transparency in system's bidding process," ''
Albany Times Union The ''Times Union'', or ''Times-Union'', is an American daily newspaper, serving the Capital Region of New York. Although the newspaper focuses on Albany and its suburbs, it covers all parts of the four-county area, including the cities of Tr ...
'', March 5, 2009, found a
Albany Times Union website
and "Assemblyman blasts NYISO over rates: Brodsky touts new study critical of its method of setting electric prices," ''
Albany Times Union The ''Times Union'', or ''Times-Union'', is an American daily newspaper, serving the Capital Region of New York. Although the newspaper focuses on Albany and its suburbs, it covers all parts of the four-county area, including the cities of Tr ...
'', March 4, 2009, found a
Albany Times Union website
Both articles retrieved March 6, 2009.
the December Ice Storm power outages, and an annual report. The Assembly Energy committee "has
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
over legislation related to energy availability and sources, policy and planning, conservation, and electric and gas rate-making in New York State". This includes any amendments to N.Y. Energy Law and Public Service Law. It has
concurrent jurisdiction Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. United States In the United States, state courts are presumed to have concurrent jurisdiction in federal matt ...
over the authorities and agencies dealing with energy, including NYSERDA, the
Long Island Power Authority Long Island Power Authority (LIPA, "lie-pah") is a municipal subdivision of the State of New York that owns the electric transmission and electric distribution system serving all of Long Island and a portion of Queens in New York City known as ...
, Department of Environmental Conservation, and the Power Authority of the State of New York.


New 2007-2022 laws

The state has enacted, in 2007, a number of recent laws to control
carbon emission Greenhouse gas (GHG) emissions from human activities intensify the greenhouse effect. This contributes to climate change. Carbon dioxide (), from burning fossil fuels such as coal, oil, and natural gas, is the main cause of climate change. The l ...
s. There is also a new Article 13 of N.Y. Energy Law, the State Green Building Construction Act, in 2008.New York Laws, Chapter 565 of the Laws of 2008. This new Act is composed of four sections, including N.Y. Energy L. § 13–107, "Agency green building construction requirements". They also passed a law to establish a "Green Residential Building Grant Program", which directs NYSERDA to grant moneys subject to
LEED Leadership in Energy and Environmental Design (LEED) is a Green building certification systems, green building certification program used worldwide. Developed by the non-profit U.S. Green Building Council (USGBC), it includes a set of rating ...
.New York Laws, Chapter 631 of the Laws of 2008. The LEED status of a recently built state authority convention center - the Albany Capital Center - is unknown. Finally, the legislature also enacted three closely related laws to expand "Net metering" of alternative energy generating systems. Senator Kevin Parker, the past Senate committee chair, stated that he had been "aiming for a long time" to work on energy and environmental issues."Issue Forum: Energy," NY Capitol News, February 2009, pp. 4–9, found a
NY Capitol News website
(.pdf document). Retrieved March 9, 2009.
Among the issues he wanted to address are "energy generation and transmission... public transportation... ndRenewable energy... " Assemblyman Cahill noted equally "ambitious goals for renewable power and energy conservation", especially by funding the State Energy Plan, "mass transit", repowering "Old hydro facilities" and modernizing the states "electric grid". NYSERDA president Francis Murray, Jr. echoed that it was "the most ambitious clean-energy program in the nation". The Power New York Act, enacted in July 2011, re-establishes the Article 10 energy plant siting law, which had expired (sunsetted) over seven years prior. The new law had overwhelmingly favorable editorial support. In 2012, several items on Governor Andrew Cuomo's agenda were done: # Launch of the New York Energy highway (see below) # Passage of
tax credit A tax credit is a tax incentive which allows certain taxpayers to subtract the amount of the credit they have accrued from the total they owe the state. It may also be a credit granted in recognition of taxes already paid or a form of state "dis ...
s for solar leasing # Passage of
tax exemption Tax exemption is the reduction or removal of a liability to make a compulsory payment that would otherwise be imposed by a ruling power upon persons, property, income, or transactions. Tax-exempt status may provide complete relief from taxes, redu ...
s for
solar power Solar power, also known as solar electricity, is the conversion of energy from sunlight into electricity, either directly using photovoltaics (PV) or indirectly using concentrated solar power. Solar panels use the photovoltaic effect to c ...
for all building classes. For 2012
income taxes An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
, taxpayers can now take a credit for "Solar Energy System Equipment Credit" by using Form IT-255. In 2013, in response to
Hurricane Sandy Hurricane Sandy (unofficially referred to as Superstorm Sandy) was an extremely large and devastating tropical cyclone which ravaged the Caribbean and the coastal Mid-Atlantic (United States), Mid-Atlantic region of the United States in late ...
, the 2013 LIPA Reform Act was passed. This bill shifted operation of LIPA's electric transmission and distribution system from National Grid to PSEG-LI and also allowed for greater review of LIPA's finances by the Public Service Commission. The Act has been criticized by the
New York State Comptroller The New York state comptroller is an elected constitutional officer of the U.S. state of New York and head of the New York state government's Department of Audit and Control. Sixty-one individuals have held the office of State Comptroller si ...
for increasing retail rates, increasing LIPA's debt, and decreasing consumer transparency. A 2016 bill to create tax incentives for
geothermal energy Geothermal energy is thermal energy extracted from the crust (geology), crust. It combines energy from the formation of the planet and from radioactive decay. Geothermal energy has been exploited as a source of heat and/or electric power for m ...
systems was vetoed by Governor Cuomo. As part of the FY 2023 state budget, Governor
Kathy Hochul Kathleen Hochul ( ; ; born August 27, 1958) is an American politician and lawyer who has served since 2021 as the 57th governor of New York. A member of the Democratic Party (United States), Democratic Party, she is New York's List of female ...
signed a legislative agreement to suspend the gasoline and certain other fuel taxes from June 1 to December 31, 2022.


Related statutes

In Consolidated Laws, there are many sections that have cross-references to, or relate to, N.Y. Energy Law and energy taxes in New York. Within N.Y. Environmental Conservation Law are several articles relevant to energy, including the Mineral Resources laws, article 23. This is also called the N.Y. Oil, Gas, and Solution Mining Law, which includes permitting, fees, and related laws. New York taxes a variety of energy uses and products. The state publishes monthly statistics of all tax revenue, including for petroleum and other taxes. The state collects an effective rate of 24.4 cents per gallon tax on gasoline and gasohol ("motor fuel"), and 22.65 cents per gallon on diesel.Motor Fuel Excise Tax Rates as of January 1, 2008 from the Federation of Tax Administrators website
Retrieved February 24, 2009.
The Empire State is tied with California for the highest combined gas taxes, at 67.7 cents per gallon. New York also has a motor fuel tax. It requires a certification that the tax has been assumed or paid by the
distributor A distributor is an electric and mechanical device used in the ignition system of older spark-ignition engines. The distributor's main function is to route electricity from the ignition coil to each spark plug at the correct time. Design ...
. The state requires certain records to be kept. The state also has a "highway use tax". As of 2007, New York collected one of the smallest amounts of revenue from extraction taxes of any state—only 5.8 percent of its overall sources.2007 State Tax Collection by Source from the Federation of Tax Administrators website
. Retrieved February 24, 2009.
New York has a statute that regulates the "Recording of solar energy easements".N.Y. Real Property Law § 335-b, found a
New York state assembly official website
then go to RPP. Retrieved February 5, 2009.
It requires that such easements be in writing, signed, and acknowledged with the same formalities as recording other conveyances. It also requires, "Any instrument creating a solar energy easement shall include ... (a) The vertical and horizontal angles, expressed in degrees, at which the solar energy easement extends over the real property ... (b) Any terms or conditions ... nd(c) Any provisions for compensation of the owner of the property...." The state has an "alternative fuels (tax) credit" at N.Y. Tax Law § 187-b that applies to certain
hybrid car A hybrid vehicle is one that uses two or more distinct types of power, such as submarines that use diesel when surfaced and batteries when submerged. Other means to store energy include pressurized fluid in hydraulic hybrids. Hybrid powertrain ...
s, against the
franchise tax A franchise tax is a government levy (tax) charged by some US states to certain business organizations such as corporations and partnerships with a nexus in the state. A franchise tax is not based on income. Rather, the typical franchise tax ca ...
es in Tax Law §§ 183, 184, 185. It does ''not'' apply to any individual
income tax An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
. Other related sections of the N.Y. Consolidated laws include:New York state Assembly official website
Retrieved February 9, 2009.
# Executive Law § 11 Fuel and energy shortage state of emergency # Executive Law § 29-G Emergency management assistance compact # Executive Law § 201-A State clean-fueled vehicle program # Public Service Law § 66 General powers of commission in respect to gas, etc. # Public Service Law § 66-C Conservation of energy # Public Service Law § 66-G Sale of indigenous natural gas for generation of energy # State Finance Law § 127-A Energy conservation in state-aided programs # Tax Law § 19 Green building credit # Tax Law § 186-a Tax on the furnishing of utility services (a tax of 2 1/2% starting January 1, 2000, on gross income is imposed on "every provider of telecommunication services") # Tax Law § 301-I Energy business # Tax Law § 1105-A Reduced tax rate on certain energy sources and services # Social Services Law § 153-F State reimbursement of home energy grant expenses # Real Property Tax Law § 487 Exemption from taxation for certain solar or wind. There are also at least two unconsolidated sections of law that refer to Energy Law, which allow for a credit against certain local taxes.


Case law

There is a body of case law concerning energy in New York, enough for NY Jur 2d to have a listing for "Energy", and case law on energy
taxation A tax is a mandatory financial charge or levy imposed on an individual or legal person, legal entity by a governmental organization to support government spending and public expenditures collectively or to Pigouvian tax, regulate and reduce nega ...
. Under New York law, both the
New York Attorney General The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has existed in various forms since 1626, originally established under the Dutch c ...
or a
district attorney In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...
may prosecute alleged polluters who make
oil spill An oil spill is the release of a liquid petroleum hydrocarbon into the environment, especially the marine ecosystem, due to human activity, and is a form of pollution. The term is usually given to marine oil spills, where oil is released into th ...
s. The motor fuel excise tax is collected from a "distributor" – usually a wholesaler – even though the ultimate burden to pay the tax may be on a
retailer Retail is the sale of goods and services to consumers, in contrast to wholesaling, which is the sale to business or institutional customers. A retailer purchases goods in large quantities from manufacturers, directly or through a wholesal ...
or purchaser. There is a presumption of taxability, so taxing authorities can allow reasonably for only a 1% loss for "evaporation and spillage" in long-term storage tanks. A
bus A bus (contracted from omnibus, with variants multibus, motorbus, autobus, etc.) is a motor vehicle that carries significantly more passengers than an average car or van, but fewer than the average rail transport. It is most commonly used ...
company, such as
Greyhound bus Greyhound Lines, Inc. is an American operator of intercity bus services. Greyhound operates the largest intercity bus network in the United States, and also operates charter and Amtrak Thruway services, as well as intercity buses in Mexico. B ...
, is considered a distributor for the purposes of the motor fuel excise tax. A retailer is liable for the amount of tax due bought from a supplier from
New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...
. The issue of taxation of Native Americans for motor fuel has created a moderately large body of case law in itself. While the state can not impose excise taxes ''directly'' on "Indians", it can tax the sale of fuel to non-Indians even on
Indian reservation An American Indian reservation is an area of land land tenure, held and governed by a List of federally recognized tribes in the contiguous United States#Description, U.S. federal government-recognized Native American tribal nation, whose gov ...
s. This statute, dictating the collection of gas and similar taxes, does not violate the
Commerce clause The Commerce Clause describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and amon ...
.''Snyder v. Wetzler'', 84 N.Y.2d 941, 620 N.Y.S.2d 813, 644 N.E.2d 1369 (1994), found a
Leagle.com website
March 13, 2013; see 102 N.Y. Jur. 2d Taxation and Assessment § 2548, citing this case.
The law has also been upheld as not in violation of the
Equal protection clause The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal pr ...
, based on the
rational basis test In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment ...
.
Conservation easement In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified land conservation organization called a "land trust", or a governmental (muni ...
s in New York have been created by caselaw and private
real estate contract A real estate contract is a contract between parties for the purchase and sale, exchange, or other conveyance of real estate. The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. Real estate c ...
s. In ''Matter of Suozzi v Tax Appeals Trib. of the State of N.Y.'', 2020 NY Slip Op 00193 (3d Dept. 2020), the Third Department appellate court held that a
heat pump A heat pump is a device that uses electricity to transfer heat from a colder place to a warmer place. Specifically, the heat pump transfers thermal energy using a heat pump and refrigeration cycle, cooling the cool space and warming the warm s ...
that draws
kinetic energy In physics, the kinetic energy of an object is the form of energy that it possesses due to its motion. In classical mechanics, the kinetic energy of a non-rotating object of mass ''m'' traveling at a speed ''v'' is \fracmv^2.Resnick, Rober ...
from the
potential energy In physics, potential energy is the energy of an object or system due to the body's position relative to other objects, or the configuration of its particles. The energy is equal to the work done against any restoring forces, such as gravity ...
in the ground "is not a qualified
solar energy Solar energy is the radiant energy from the Sun's sunlight, light and heat, which can be harnessed using a range of technologies such as solar electricity, solar thermal energy (including solar water heating) and solar architecture. It is a ...
system within the meaning of , Y.Tax Law § 606(g-1)." This is because the taxpayers didn't own
solar panel A solar panel is a device that converts sunlight into electricity by using photovoltaic (PV) cells. PV cells are made of materials that produce excited electrons when exposed to light. These electrons flow through a circuit and produce direct ...
s, but "installed a ground source heat pump system to heat, cool and provide hot water for their home,
hich Ij () is a village in Golabar Rural District of the Central District in Ijrud County, Zanjan province, Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq ...
functions by way of a heat exchanger that is installed in the ground outside the home. The heat exchanger is a piping system that takes heat from the ground, which is generated by solar thermal energy stored in the earth's crust, and transfers it to a heat pump in order to bring heat from the ground into the home during cooler months." While "a ground source heat pump system indirectly utilizes solar radiation," they were not entitled to claim "a $5,000 Solar Energy System Equipment Tax Credit..." although their contractor had assured them they could; the taxpayers end up being audited and thus "owed the $5,000 tax credit, plus interest."


Rules, regulations, and benefits


Regulatory law, generally

General energy regulations may be found at Title 9, Subtitle BB of the ''New York Code of Rules and Regulations'' (N.Y.C.R.R.). Changes to the rules are published in the ''New York Register''. New York regulation has "allowed consumers and businesses to choose their own supplier" of gas and electricity, in the hope that this will lower retail prices, as well as to spur the development of "more innovative products". However, these energy choices have not saved the ultimate consumer very much, because the price of natural gas, and any energy produced from it, had fallen relatively low as of 2012. The news report cited studies by
AARP AARP, formerly the American Association of Retired Persons, is an interest group in the United States focusing on issues affecting those 50 and older. The organization, which is headquartered in Washington, D.C., said it had more than 38  ...
, the Public Utility Law Project, and the Retail Energy Supply Association (RESA), "an energy supplier trade group", were made between 2010 and 2012. Only if consumers switch from oil to gas would they save much money. The
New York Public Service Commission The New York Public Service Commission is the public utilities commission of the New York state government that regulates and oversees the electric, gas, water, and telecommunication industries in New York as part of the Department of Public Ser ...
holds public hearings regarding the permits for gas lines. In 2019, Governor Cuomo threatened to cancel National Grid's franchise certificate to operate
natural gas Natural gas (also fossil gas, methane gas, and gas) is a naturally occurring compound of gaseous hydrocarbons, primarily methane (95%), small amounts of higher alkanes, and traces of carbon dioxide and nitrogen, hydrogen sulfide and helium ...
lines in downstate New York, unless they reversed a self-imposed moratorium on new gas customers; the effect would have been to prevent them from operating by regulatory dictate. National Grid faced a two-week deadline to reverse its denial of "gas service to over 1,100 customers" between May and November 2019; the utility "blamed New York’s rejection of an application for a $1 billion pipeline bringing natural gas from Pennsylvania’s shale gas fields," but the pipeline will not be ready until 2020. On November 26, 2019, National Grid agreed to end its moratorium to Brooklyn, Queens, Nassau and Suffolk Counties, and to give up to $7 million in customer assistance to remedy hardships created by the six-month moratorium. Attorney general
Letitia James Letitia Ann "Tish" James (born October 18, 1958) is an American lawyer and politician serving since 2019 as the 67th Attorney General of New York, attorney general of New York (NYAG), having won the 2018 New York Attorney General election, 2018 ...
lauded the agreement, saying "I am grateful that Governor Cuomo pushed National grid to do the right thing and brought attention to this critical matter." The
New York State Comptroller The New York state comptroller is an elected constitutional officer of the U.S. state of New York and head of the New York state government's Department of Audit and Control. Sixty-one individuals have held the office of State Comptroller si ...
is the sole trustee of the state's $226 Billion state employees'
pension plan A pension (; ) is a fund into which amounts are paid regularly during an individual's working career, and from which periodic payments are made to support the person's retirement from work. A pension may be either a "Defined benefit pension pla ...
and has the authority to issue regulations and trades according to that. On December 9, 2020,
Thomas DiNapoli Thomas Peter DiNapoli (born February 10, 1954) is an American politician serving as the 54th and current New York State Comptroller since 2007. A member of the Democratic Party (United States), Democratic Party, he was appointed by a bipartisan m ...
announced a plan to divest about $12 billion of that money from oil and gas companies to renewable energy companies, in line with the
Paris Climate Agreement The Paris Agreement (also called the Paris Accords or Paris Climate Accords) is an international treaty on climate change that was signed in 2016. The treaty covers climate change mitigation, adaptation, and finance. The Paris Agreement was ...
.


New York Energy Highway

Th
New York Energy Highway
is a project developed by Governor Andrew Cuomo, and announced in his 2012 state of the state address. The purpose of the initiative is "to ensure that New York's energy grid remains the most advanced in the nation and to promote increased business investment in the state". A
Task force A task force (TF) is a unit or formation established to work on a single defined task or activity. Originally introduced by the United States Navy, the term has now caught on for general usage and is a standard part of NATO terminology. Many ...
was charged with "its implementation and enlisting the private sector". The Task Force is co-chaired by NYPA CEO Gil Quiniones and
New York State Department of Environmental Conservation The New York State Department of Environmental Conservation (informally referred to as NYSDEC, DEC, EnCon or NYSENCON) is a department of New York state government. The department guides and regulates the conservation, improvement, and protecti ...
commissioner Joseph Martens. In April 2012, the Task Force held a summit at
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
to explore the issues involved. They also called for more ideas through an administrative request process, which that lasted from April 11 through May 30, 2012. According to co-chair Quiniones, writing in the industry paper ''EnergyBiz'', the results were that 400 people attended the Energy Highway Summit, and 85 entities submitted over 100 suggestions and ideas for the Task Force. Th
Energy Highway Blueprint
is the Task Force's October 2012 report with 13 proposals, including investment of over $1 billion "new electric transmission capacity ndnew renewable energy projects", the retrofitting of "existing inefficient, high emission plants", the development of "Smart Grid technologies," and conducting "field studies of Atlantic Ocean offshore wind development potential". In December of that year, Cuomo announced progress on the plan that included a $726 Million upgrade to the state's transmission network. In early 2013, the Public Service Commission solicited comments and accepted a report filed by ConEd and the state Power Authority about the future of the Indian Point Nuclear Power Plant, in particular the permitting process. Cuomo has indicated that he is against the continued use of Indian Point. The October 2012 Blueprint called for alternatives to Indian Point, which was the only plant named specifically by his administration for closure and replacement. However, the Task Force has no administrative authority to close Indian Point. Furthermore, the Task Force's Blueprint is not directly linked to Cuomo's opposition to renewal of that plant's permit by the
Nuclear Regulatory Commission The United States Nuclear Regulatory Commission (NRC) is an independent agency of the United States government tasked with protecting public health and safety related to nuclear energy. Established by the Energy Reorganization Act of 1974, the ...
. Nonetheless, in a December 2012
press release A press release (also known as a media release) is an official statement delivered to members of the news media for the purpose of providing new information, creating an official statement, or making an announcement directed for public releas ...
about the transmission upgrade funding, Cuomo noted in ''
dictum In legal writing, a (Latin 'something that has been said'; plural ) is a statement made by a court. It may or may not be binding as a precedent. United States In United States legal terminology, a ''dictum'' is a statement of opinion consid ...
'' that: The Task Force identified two coal-operated energy plants' reliability issues, and are working with the Public Service Commission and two utilities, National Grid and
NYSEG New York State Electric and Gas (NYSEG) is an electric and gas utility company owned by Avangrid that serves customers in New York. NYSEG was incorporated in 1852 as the Ithaca Gas Light Company. Throughout the end of the 19th century and the e ...
, on the matter. They also have worked on the "key items" of "easing
transmission congestion In power engineering, transmission congestion occurs when overloaded transmission lines in an electrical grid are unable to carry additional electricity flow due to the risk of overheating. During grid congestion, the transmission system operator ...
ndexpanding natural gas delivery". On April 23, 2013,
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association The American Bar Association (ABA) is a voluntary ...
will host a seminar at the
New York State Capitol The New York State Capitol, the seat of the Government of New York State, New York state government, is located in Albany, New York, Albany, the List of U.S. state capitals, capital city of the U.S. state of New York (state), New York. The seat ...
on the future of the State Energy Highway.


Benefits in NY law

Assemblyman Ronald Canestrari announced the expansion of New York's Home Energy Assistance Program (HEAP) "to help additional households meet their home heating needs...." In his 2014
State of the State State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
address, Governor Cuomo pushed for more renewable energy benefits. This resulted in NYSERDA's "Renewable Heat NY" that provides subsidies for wood pellet burners.


Energy-related authorities


NYSERDA

The chief regulator for the Energy Law is the "
Commissioner A commissioner (commonly abbreviated as Comm'r) is, in principle, a member of a commission or an individual who has been given a commission (official charge or authority to do something). In practice, the title of commissioner has evolved to incl ...
" or "president" of the New York State Energy Research and Development Authority (also called NYSERDA).NYSERDA official website About webpage
. Accessed August 6, 2008.
The
board of directors A board of directors is a governing body that supervises the activities of a business, a nonprofit organization, or a government agency. The powers, duties, and responsibilities of a board of directors are determined by government regulatio ...
of NYSERDA includes—as a matter of law – several utility insiders, as well as ''
ex officio An ''ex officio'' member is a member of a body (notably a board, committee, or council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by r ...
'' commissioners. Richard Kauffman is chairman of the board, and Alicia Barton has been President and
CEO A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...
since June 2017. NYSERDA was created as a public benefit corporation under NY law.N.Y. Public Authorities Law §§ 1850 '' :et seq.'', found a
New York State Legislature official website
go to "PBA", then "Article 8", finally "Title 9 – (1850–1883) NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY". Accessed August 6, 2008.
NYSERDA law from its official website
(pdf document). Accessed August 6, 2008.
The regulations governing NYSERDA may be found at Parts 500–506 of the Code of Rules and Regulations. There are procedures for
minutes Minutes, also known as minutes of meeting, protocols or, informally, notes, are the instant written record of a meeting or hearing. They typically describe the events of the meeting and may include a list of attendees, a statement of the activit ...
of meetings and approval of actions by the
Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
pursuant to law. There are specific regulations for accessing public meeting records pursuant to Freedom of Information Acts. Generators of low-level
radioactive waste Radioactive waste is a type of hazardous waste that contains radioactive material. It is a result of many activities, including nuclear medicine, nuclear research, nuclear power generation, nuclear decommissioning, rare-earth mining, and nuclear ...
must make reports to NYSERDA. Any "action" of the Authority is subject to the state Environmental Quality Review Act (SEQRA). Other regulations include provisions for prompt payment of
accounts payable Accounts payable (AP) is money owed by a business to its suppliers shown as a liability on a company's balance sheet. It is distinct from notes payable liabilities, which are debts created by formal legal instrument documents. An accounts payable ...
, a
privacy policy A privacy policy is a statement or legal document (in privacy law) that discloses some or all of the ways a party gathers, uses, discloses, and manages a customer or client's data. Personal information can be anything that can be used to identify ...
, and the purchase of energy efficient products. NYSERDA funds a program, with the
Farm Bureau The American Farm Bureau Federation (AFBF), more informally called the American Farm Bureau (AFB) or simply the Farm Bureau, is a United States–based 501(c)(5) tax-exempt agricultural organization and lobbying group. Headquartered in Wash ...
, to assist farmers to make electricity from cow
manure Manure is organic matter that is used as organic fertilizer in agriculture. Most manure consists of animal feces; other sources include compost and green manure. Manures contribute to the fertility of soil by adding organic matter and nut ...
, or more formally, "to install anaerobic digester gas-to-electric facilities on farms".


NYISO

New York has an
independent system operator A regional transmission organization (RTO) in the United States is an electric power transmission system operator (TSO) that coordinates, controls, and monitors a multi-state electric grid. The transfer of electricity between states is consider ...
, the New York Independent System Operator (NYISO).New York Independent System Operator official website Public information page
Retrieved March 6, 2009.
The NYISO is the
501(c)(3) A 501(c)(3) organization is a United States corporation, Trust (business), trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of ...
nonprofit A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or so ...
quasi-governmental agency charged by New York with auctions of energy supplies. Specifically, the NYISO: The NYISO also organizes symposia on New York energy law. The current chairperson of the board is Ave Bie. Effective June 1, 2019, The New York Independent System Operator (NYISO) announced that its Board of Directors named Richard J. Dewey, to be President and Chief Executive Officer, The NYISO is subject to regulation by the legislature. The NYISO is also regulated by the
Federal Energy Regulatory Commission The Federal Energy Regulatory Commission (FERC) is an independent agency of the United States government that regulates the interstate transmission and wholesale sale of electricity and natural gas and regulates the prices of interstate transport ...
. Based on its 2016 annual report, the NYISO received $156 million in revenue from its rate schedule 1 tariff charge applied to market participants on a $/MWh basis throughout the year. It also received $5.46 million from planning studies revenue. The 2016 NYISO expenditures included $81.4 million for compensation, $23.3 million for professional fees and consultants, and $19.4 million for maintenance, software licenses, and facility costs. About $170 million worth of assets was listed as software developed for internal use prior to calculating accumulated depreciation. The NYISO is governed by a system of committees - similar in many ways to the organization of Standard Oil and its trusts in the years 1879–1885. The management committee's by-laws were last updated on March 13, 2013. The public may only attend sessions of the management committee in person, and must register with the secretary beforehand. The public may not participate in the governance process. All motions to be acted on must receive a 58% vote to pass. Voting is conducted using a show-of-hands unless members prefer a
roll call ''Roll Call'' is a newspaper and website published in Washington, D.C., United States, when the United States Congress is in session, reporting news of legislative and political maneuverings on Capitol Hill, as well as political coverage of c ...
or
secret ballot The secret ballot, also known as the Australian ballot, is a voting method in which a voter's identity in an election or a referendum is anonymous. This forestalls attempts to influence the voter by intimidation, blackmailing, and potential vote ...
vote. All officer elections will be conducted by secret ballot voting. The five voting sectors of the management committee are generation owners, other suppliers, transmission owners, end-use consumers, and public power entities. The mentioned voting sectors are allocated with 21.5%, 21.5%, 20%, 20%, and 17% of the total vote, respectively. A
quorum A quorum is the minimum number of members of a group necessary to constitute the group at a meeting. In a deliberative assembly (a body that uses parliamentary procedure, such as a legislature), a quorum is necessary to conduct the business of ...
of at least three sectors must be present for a vote. The management committee can enter into an
executive session An executive session is a term for any block within an otherwise open meeting (often of a board of directors or other deliberative assembly) in which minutes are taken separately or not at all, outsiders are not present, and the contents of the dis ...
upon a 58% vote during a meeting, or upon an anonymous request beforehand. In the executive session, non-voting ISO members, the FERC and the NYSPSC are excluded.


New York State Reliability Council

The New York State Reliability Council is a non-profit organization that provides the NYISO reliability specifications on an annual basis. These specifications impact the amount of resources that are required in the NYISO's capacity market. The council is governed by an executive committee of thirteen members: six from the state's transmission owner sector, one from the generation owner sector, one from the large consumers sector, one from the municipal and electric cooperative sector, and four without affiliations to any wholesale market participants. In 2014, the NYSRC had a budget of $761,000.


New York Public Service Commission

The
New York Public Service Commission The New York Public Service Commission is the public utilities commission of the New York state government that regulates and oversees the electric, gas, water, and telecommunication industries in New York as part of the Department of Public Ser ...
is a government agency that regulates the various utilities of the state of
New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...
. Its regulations are contained in title 16 of the New York Codes, Rules and Regulations (Public Service Law). In 2016, the Commission adopted a Clean Energy Standard, to assist in achieving the state's target of obtaining 50% of its electricity from renewable and nuclear sources by 2030, which will see customer bills increase to support these sources. A particular aim was to support three nuclear plants, Ginna, James A. FitzPatrick and Nine Mile Point that had become uneconomic; the support for nuclear is expected to cost $1 billion in the first two years. The commission has employed and been influenced by an array of interesting personnel: a former
Weather Underground The Weather Underground was a far-left Marxist militant organization first active in 1969, founded on the Ann Arbor campus of the University of Michigan. Originally known as the Weathermen, or simply Weatherman, the group was organized as a f ...
member, political insiders, and industry insiders - including an at least one industry insider whose parent was an employee of the commission.


Power Authority of the State of New York

The regulations governing the Power Authority of the State of New York may be found at Parts 450–463 of the Code of Rules and Regulations. The Power Authority's proposed contract to buy hydroelectric power from the Canadian province of
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
has generated controversy.Katrina Kieltyka, "Sierra Club fighting plan to buy Canadian power: Say hydroelectric dams would harm indigenous people," ''Legislative Gazette'', March 16, 2009, p. 21, available a
''Legislative Gazette'' archives
(.pdf file). Retrieved March 20, 2009.
The Sierra Club, the
Innu The Innu/Ilnu ('man, person'), formerly called Montagnais (French for ' mountain people'; ), are the Indigenous Canadians who inhabit northeastern Labrador in present-day Newfoundland and Labrador and some portions of Quebec. They refer to ...
community, and the
National Lawyers Guild The National Lawyers Guild (NLG) is a progressive public interest association of lawyers, law students, paralegals, jailhouse lawyers, law collective members, and other activist legal workers, in the United States. The group was founded in 193 ...
are fighting to prevent the proposed contract, which would have to be approved by Governor Paterson under his regulatory authority. The Power Authority has been criticized by scholars for "missed opportunities" in using its administrative powers.


Long Island Power Authority

The
Long Island Power Authority Long Island Power Authority (LIPA, "lie-pah") is a municipal subdivision of the State of New York that owns the electric transmission and electric distribution system serving all of Long Island and a portion of Queens in New York City known as ...
owns the electric transmission and distribution infrastructure on a large portion of
Long Island Long Island is a densely populated continental island in southeastern New York (state), New York state, extending into the Atlantic Ocean. It constitutes a significant share of the New York metropolitan area in both population and land are ...
. Daily operations are managed by PSEG Long Island, a subsidiary of
Public Service Enterprise Group The Public Service Enterprise Group, Inc. (PSEG) is a publicly traded energy company based in Newark, New Jersey. It was founded in 1985, with its roots tracing back to 1903. Its largest subsidiary is Public Service Electric and Gas Company (PSE ...
.


Secondary sources


History

New York has long taxed and regulated energy sources and utilities. In the early 1930s, Governor
Franklin Delano Roosevelt Franklin Delano Roosevelt (January 30, 1882April 12, 1945), also known as FDR, was the 32nd president of the United States, serving from 1933 until his death in 1945. He is the longest-serving U.S. president, and the only one to have served ...
used the state's gasoline tax to fund
farm to market road In the United States, a farm-to-market road or ranch-to-market road (sometimes farm road or ranch road for short) is a state highway or county road that connects rural or agricultural areas to market towns. These are better-quality roads, usually ...
s.


Scholarship and research

The ''Fordham Environmental Law Journal'' hosted a panel about the siting of
electric generator In electricity generation, a generator, also called an ''electric generator'', ''electrical generator'', and ''electromagnetic generator'' is an electromechanical device that converts mechanical energy to electrical energy for use in an externa ...
s in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
under New York energy law. Aravella Simotas, at the time a law student, moderated the
Fordham University Law School Fordham University School of Law is the law school of Fordham University. The school is located in Manhattan in New York City, and is one of eight ABA-approved law schools in that city. According to Fordham University School of Law's ABA- ...
panel, years before she was elected to
New York State Assembly The New York State Assembly is the lower house of the New York State Legislature, with the New York State Senate being the upper house. There are 150 seats in the Assembly. Assembly members serve two-year terms without term limits. The Ass ...
. Aravella Simotas, "Discussion: Panel III: Electric Generators in New York City: Balancing the Energy and Environmental Needs of the Community," 8 Fordham Envtl. Law J. 531 (2002). Abstract found a
Lexi-Nexis website
Accessed January 20, 2011.
Climatologist
Michael Mann Michael Kenneth Mann (born February 5, 1943) is an American film director, screenwriter, author and producer, best known for his stylized crime dramas. He has received a BAFTA Award and two Primetime Emmy Awards as well as nominations for four ...
spoke at
Union College Union College is a Private university, private liberal arts college in Schenectady, New York, United States. Founded in 1795, it was the first institution of higher learning chartered by the New York State Board of Regents, and second in the s ...
in October 2012 about the public policy issues involved with
climate change Present-day climate change includes both global warming—the ongoing increase in Global surface temperature, global average temperature—and its wider effects on Earth's climate system. Climate variability and change, Climate change in ...
. The
New York State Bar Association The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. The mission of the association is to cultivate the science of jurisprudence; promote reform in the law; facilitate the administration of justice ...
offered a
continuing legal education Continuing legal education (CLE), also known as mandatory or minimum continuing legal education (MCLE) or, in some jurisdictions outside the United States, as continuing professional development, consists of professional education for attorneys ...
class in 2012 on "Marcellus Shale: New Regulations and Challenges", which is available as of February 2014 as an audio course. A panel of "multidisciplinary faculty of professionals addresse the new body of law being created in New York to address the substantial development that is expected in the Marcellus Shale region". NYSBA's environmental law section followed up in May 2014 with a legislative forum on the regulation of rail cars carrying shale oil through cities such as Albany.


Lobbying

The energy industry is represented by the ''Energy Association of New York'', which lobbies on behalf of the state's larger energy-producing corporations and utilities. Wholesale electric power suppliers of New York are represented by The Independent Power Producers of New York, Inc. (IPPNY) Large industrial electric consumers are represented by Multiple Intervenors. Electric utility companies are represented by New York Transco or by themselves. The law firm Whiteman Osterman & Hanna is known for having employed, Todd Howe, bagman for Joe Percoco. One of their senior counsel was a former chairman of the New York State Public Service Commission and is currently general counsel to the New York State Reliability Council.


Ethics guidelines

A total of 17
wind energy Wind power is the use of wind energy to generate useful work. Historically, wind power was used by sails, windmills and windpumps, but today it is mostly used to generate electricity. This article deals only with wind power for electricity ...
companies have agreed to a set of ethics guidelines, which will delineate the companies' relationships with employee, contractors, and local governments.Eric S. Turner, "Fourteen more wind power companies in New York agree to ethics guidelines," ''
Legislative Gazette The ''Legislative Gazette'' is a weekly newspaper covering New York state government and politics located in Albany, New York. Published on Mondays from September through June, the publication bills itself as "The weekly newspaper of the New York ...
'', August 3, 2009, pp. 7, 10.
Governor
Andrew Cuomo Andrew Mark Cuomo ( , ; born December 6, 1957) is an American politician and lawyer who served as the 56th governor of New York from 2011 until his resignation in 2021. A member of the Democratic Party and son of former governor Mario Cuomo, ...
announced that 14 companies had joined the ''Wind Industry Ethics Code'' in August 2009, joining three others who had signed on earlier, in 2008–2009.


LEED

Many buildings in New York state have achieved high LEED status, which earns their owners grants or tax abatements, including the
Empire State Building The Empire State Building is a 102-story, Art Deco-style supertall skyscraper in the Midtown South neighborhood of Manhattan, New York City, United States. The building was designed by Shreve, Lamb & Harmon and built from 1930 to 1931. Its n ...
and the Hearst Tower. The standards are actually promulgated by a
non-governmental organization A non-governmental organization (NGO) is an independent, typically nonprofit organization that operates outside government control, though it may get a significant percentage of its funding from government or corporate sources. NGOs often focus ...
(NGO), the
Green Building Certification Institute The Green Business Certification, Inc. (GBCI) is an American organization that provides third-party credentialing and verification for several rating systems relating to the built environment. It was established as the Green Building Certification ...
.


Hydrofracking

The myriad legal issues concerning hydrofracking in New York has spawned a whole body of law, with primary authorities such as case law, statutes, and zoning regulations, as well as secondary sources such as law review and newspaper articles, on this rapidly changing field of law.


Court cases and analysis


''Dryden'' and ''Middletown''

In February 2012, two cases of first impression, ''Anschutz Exploration Corp. v. Town of Dryden'' and ''Cooperstown Holstein Corp. v. Town of Middletown'', dealt with the issue of whether towns in New York can use local zoning laws to ban hydrofracking, within their police powers, or whether such action would be preempted by N.Y. Environmental Conservation Law § 23-0303 (2).Charles Gottlieb, ''Hydrofracking, Local Zoning, and State Preemption'', paper presented at the Warren M. Anderson Legislative Breakfast Series, "Hydrofracking - Balancing the 3 E's: Energy, Environment, and Economic Development," February 28, 2012 (
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association The American Bar Association (ABA) is a voluntary ...
).
''Anschutz Exploration Corp. v. Town of Dryden'' __ N.Y.S.2d ___ (Index # 2012-0902) (N.Y. Supreme Ct. Tompkins Co. February 21, 2012).Andrew Carden, "Another victory for anti-frackers," ''
Legislative Gazette The ''Legislative Gazette'' is a weekly newspaper covering New York state government and politics located in Albany, New York. Published on Mondays from September through June, the publication bills itself as "The weekly newspaper of the New York ...
'', March 6, 2012, pp. 8, 19.
''Cooperstown Holstein Corp. v. Town of Middletown'', __ N.Y.S.2d ___ (Index # 2012-0930) (N.Y. Supreme Ct. Otsego Co. February 24, 2012). In each of these two cases,
New York Supreme Court The Supreme Court of the State of New York is the superior court in the Judiciary of New York. It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil ju ...
ruled in favor of the defendant towns, that the state Oil, Gas, and Solution Mining Law's superseding language did not preempt their zoning laws. The legal and political issues raised by these explosive cases were the subject of a seminar organized on February 28, 2012 by the
Albany Law School Albany Law School is a private law school in Albany, New York. It was founded in 1851 and is the oldest independent law school in the nation. It is accredited by the American Bar Association The American Bar Association (ABA) is a voluntary ...
. The ''Anschutz'' case got the most publicity and analysis in the immediate aftermath, because it was decided a week earlier than the ''Cooperstown'' court. Opponents of hydrofacking "emerged trimphant" after winning ''Anschutz''.Andrew Carden, "Judge rules local governments can ban fracking," ''
Legislative Gazette The ''Legislative Gazette'' is a weekly newspaper covering New York state government and politics located in Albany, New York. Published on Mondays from September through June, the publication bills itself as "The weekly newspaper of the New York ...
'', February 28, 2012, page 13.
Justice Phillip R. Rumsey relied in part on cases from
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
that allowed local governments to regulate gas drilling, as well as from
Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...
, which concerned the very same
Marcellus shale Marcellus may refer to: People * Marcellus (name) * Marcellus of Ancyra, fourth-century Christian bishop and theologian * Marcus Claudius Marcellus, Roman commander * Marcellus of Tangier * Marcellus Empiricus * Marcellus (nephew of Augustu ...
that is being drilled in
Upstate New York Upstate New York is a geographic region of New York (state), New York that lies north and northwest of the New York metropolitan area, New York City metropolitan area of downstate New York. Upstate includes the middle and upper Hudson Valley, ...
. ''Anschutz'' distinguished this zoning situation from a bonding requirement, which is a direct regulation of the industry that is preempted by the N.Y. Department of Environmental Conservation's permit fees and regulatory scheme. That court also relied on cases that allowed "exclusionary zoning" that prohibits of "natural resources within the town as a permitted use if limiting that use is a reasonable exercise of its police powers ...." In ''Cooperstown'', a farmer named Jennifer Huntington leased 400 acres of her land for natural drilling, and she sued after the town changed its zoning laws to ban fracking. This case has a similar outcome; the town of Middlefield won at the trial court level, in a decision by Acting Justice Daniel F. Cerio. An attorney at
Earthjustice Earthjustice (originally Sierra Club Legal Defense Fund) is a nonprofit public interest organization based in the United States dedicated to litigating environmental issues. Headquartered in San Francisco, they have an international program, a co ...
lauded the ''Cooperstown'' decision, while the attorney who had represented ''Anschutz'' criticized both decisions. Since both courts are within the Third Department of the Appellate Division, and they would be appealed, they were to be consolidated upon appeal. Attorneys for the town of Dryden indicated they are in the process of perfecting the appeal as of September 2012. While ''
Albany Times-Union The ''Times Union'', or ''Times-Union'', is an American daily newspaper, serving the Capital Region of New York. Although the newspaper focuses on Albany and its suburbs, it covers all parts of the four-county area, including the cities of Tr ...
'' columnist Fred LeBrun noted that while opponents are expecting a win, "plenty in our government" predict a successful appeal, so he "wouldn't bet either way". However, two bloggers noted that the appeals have not been perfected as of August 2012. Searches of the website for, and an inquiry into, the Third Department shows that neither losing party has perfected their appeals as of October 17, 2012. Further complicating the appeals, Norse Energy has also become involved in the ''Anschutz'' case. Back in October 2011, Norse Energy put up their leases for sale, claiming the moratorium by Governor Paterson had hurt the international company's prospects. Instead, Norse bought Anschutz's leases, and thus would have to be replaced as lead plaintiff against the Town of Dryden. Norse Energy's attorneys appear to be arguing that a " greater good" will come about if they are allowed to drill despite the local government's opportunity. On March 21, 2013, the Third Department issued their ruling in ''Matter of Norse Energy Corp. USA v. Town of Dryden'', upholding the decision of the N.Y. Supreme Court. For a unanimous court, Presiding Justice Karen A. Peters upheld the lower court's denial of
intervenor In law, intervention is a procedure to allow a Party (law), nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original lit ...
status for the environmental group, DRAC, and the constitutionality of the Town of Dryden's zoning ordinance. The Court allowed Norse Energy to be substituted for Anschutz. "As a preliminary matter," they approved "Supreme Court's denial of DRAC's motion to intervene", based on the group's failing to prove "a substantial interest ... different from other residents of the Town". Rather, noting the Town could do a good job at defending its interests, instead granted '' amicus'' status to DRAC and a half dozen others. Citing the
New York State Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constituti ...
and four
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
cases, the Third Department noted that the state's local governments have broad
home rule Home rule is the government of a colony, dependent country, or region by its own citizens. It is thus the power of a part (administrative division) of a state or an external dependent country to exercise such of the state's powers of governan ...
powers under its state constitution. It agreed with the lower court that the local law is not pre-empted, either expressly or by implication. On June 30, 2014, the New York Court of Appeals upheld the local zoning ordinances, as well as the lower court cases that had allowed them, in a 5-2 decision authored by Judge Victoria Graffeo.


Other cases

In July 2012, Lenape Resources, a natural gas drilling company, threatened to sue state and local governments over a hydrofracking ban by the town of Avon. Also in July 2012, Justice Ferris Lebous ruled in the
Broome County, New York Broome County is a county in the U.S. state of New York. As of the 2020 United States census, the county had a population of 198,683. Its county seat is Binghamton. The county was named for John Broome, the state's lieutenant governor whe ...
case of ''Jeffrey v. Ryan'' that, while the city of
Binghamton Binghamton ( ) is a city in the U.S. state of New York, and serves as the county seat of Broome County. Surrounded by rolling hills, it lies in the state's Southern Tier region near the Pennsylvania border, in a bowl-shaped valley at the con ...
has the right to enact a local regulation, they did not enact a proper moratorium.


Administrative response

While those appeals were pending, ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' reported in mid-June 2012 that Governor Cuomo and his staff were deliberating on a plan to restrict hydrofracking to five counties in the southern tier of New York, along the Pennsylvania border, where the Marcellus shale is deepest and drilling is least likely to pollute
well water A well is an excavation or structure created on the earth by digging, driving, or drilling to access liquid resources, usually water. The oldest and most common kind of well is a water well, to access groundwater in underground aquifers. The ...
supplies in those
aquifer An aquifer is an underground layer of water-bearing material, consisting of permeability (Earth sciences), permeable or fractured rock, or of unconsolidated materials (gravel, sand, or silt). Aquifers vary greatly in their characteristics. The s ...
s. Drilling would not be allowed in these areas: *New York City and its
watershed Watershed may refer to: Hydrology * Drainage divide, the line that separates neighbouring drainage basins * Drainage basin, an area of land where surface water converges (North American usage) Music * Watershed Music Festival, an annual country ...
*Towns that have banned or not agreed to the practice (over 100 towns and villages have banned it, but several dozen have asked for it) *The Catskill State Park (which is 'forever wild' under the
New York State Constitution The Constitution of the State of New York establishes the structure of the government of the State of New York, and enumerates the basic rights of the citizens of New York. Like most state constitutions in the United States, New York's constituti ...
) *Areas of surface land directly over certain aquifers *Land within
National Historic Landmark District A National Historic Landmark District (NHLD) is a geographical area that has received recognition from the United States Government that the buildings, landscapes, cultural features and archaeological resources within it are of the highest signific ...
s. The ''
Albany Times Union The ''Times Union'', or ''Times-Union'', is an American daily newspaper, serving the Capital Region of New York. Although the newspaper focuses on Albany and its suburbs, it covers all parts of the four-county area, including the cities of Tr ...
'' the next day filed a front-page,
above the fold Above the fold is the upper half of the front page of a newspaper or tabloid where an important news story or photograph is often located. Papers are often displayed to customers folded so that only the top half of the front page is visible. Th ...
story questioning the plan's leak as a " trial balloon", which had quickly garnered both criticism and support. In August 2012, LeBrun filed a column that a limited plan was moving forward to allow hydrofracking in the Southern Tier, which he characterized as the " d of the anti-frack world". Wading through 60,000 comments, the
New York Department of Environmental Conservation The New York State Department of Environmental Conservation (informally referred to as NYSDEC, DEC, EnCon or NYSENCON) is a department of New York state government. The department guides and regulates the conservation, improvement, and protecti ...
was looking at a "ramp up" period, allowing 50 wells in 2013, and 100 wells in 2014, and only in towns that want them. Governor Cuomo's budget did not expect any revenues from hydrofracking in
fiscal year A fiscal year (also known as a financial year, or sometimes budget year) is used in government accounting, which varies between countries, and for budget purposes. It is also used for financial reporting by businesses and other organizations. La ...
2012–2013. There was a study that indicates that New York lacks a state tax on gas production. Joseph Martens, the Commissioner of DEC, has overall responsibility for regulating all hydrofracking programs. Eugene Leff, his Deputy Commissioner for Remediation and Materials Management, has responsibility for "Materials Management, Environmental Remediation and Mineral Resources", which would include hydrofracking regulations, if any were to be released. Bradley Field is the Director for "Management and regulation of mineral resource development ndOil & Gas Regulation ... oOversee permitting, compliance and enforcement of all regulated wells in New York". All media and other press inquiries must go directly through Emily DeSantis, at Press Operations, who is the Department spokesperson and who issues all press releases. Leff was one of the panelists on NYSBA's 2012 seminar on "Marcellus Shale: New Regulations and Challenges". As of early 2014, administrative inaction lead to what the
Sierra Club The Sierra Club is an American environmental organization with chapters in all 50 U.S. states, Washington, D.C., Washington D.C., and Puerto Rico. The club was founded in 1892, in San Francisco, by preservationist John Muir. A product of the Pro ...
called a " de facto moratorium ... for new drilling of natural gas wells" in the State "using hydrofracking technology". Susan Lawrence, writing an
open letter An open letter is a Letter (message), letter that is intended to be read by a wide audience, or a letter intended for an individual, but that is nonetheless widely distributed intentionally. Open letters usually take the form of a letter (mess ...
to the group, cited six reasons for the effective ban: # The DEC had "not finalized" the environmental impact statement. # Governor Cuomo and the DEC were waiting for the Department of Health to issue a report first. # The state budget for FY 2013-2014 had no funding for state employees to process the necessary applications. # Cuomo had stated publicly that he would not decide on the issues until after the November election. # The ''Dryden'' and ''Middletown'' cases were pending before the New York Court of Appeals. # The public had concerns in light of the recent increase in rail shipments of oil from hydraulically fractured Bakken formation wells in North Dakota through
Upstate New York Upstate New York is a geographic region of New York (state), New York that lies north and northwest of the New York metropolitan area, New York City metropolitan area of downstate New York. Upstate includes the middle and upper Hudson Valley, ...
.


See also

*
Gasoline and diesel usage and pricing The usage and pricing of gasoline (or ''petrol'') results from factors such as crude oil prices, processing and distribution costs, local demand, the strength of local currencies, local taxation or subsidy, and the availability of local sour ...
* Green Island Power Authority *
Indian Point Energy Center Indian Point Energy Center (I.P.E.C.) is a now defunct three-unit nuclear power station located in Buchanan, just south of Peekskill, in Westchester County, New York. It sits on the east bank of the Hudson River, about north of Midtown Manh ...
*
Nonbusiness Energy Property Tax Credit The Nonbusiness energy property tax credit, in the United States, provides a nonrefundable personal tax credit for Federal income tax purposes, for making a home more energy efficient. (Unlike a deduction, which lowers taxable income, a tax credit ...
*
NRG Energy NRG Energy, Inc. is an American energy company, headquartered in Houston, Texas. It was formerly the wholesale arm of Northern States Power Company (NSP), which became Xcel Energy, but became independent in 2000. NRG Energy is involved in energ ...
* Wind power in New York


References


Bibliography

*


External links


NYSERDA official website

NYS Public Service Commission official website
and
Oil and Gas Leases page
at the website of the
New York Attorney General The attorney general of New York is the chief legal officer of the U.S. state of New York and head of the Department of Law of the state government. The office has existed in various forms since 1626, originally established under the Dutch c ...

The Energy Association of New York State website

Energy news archives
at ''City and State'', weekly New York newspaper
Legal Updates on Energy Issues in New York

U.S. Energy Information Administration website

GBCI official website

USGBC official website

New York Truth in Heating Law manual
at UtilityProject.org *
New York State Reliability Council

New York Independent System Operator

National Association of Regulatory Utility Commissioners

NYISO's Market Monitoring Unit, Potomac Economics

New Energy New York LinkedIn group
{{DEFAULTSORT:New York Energy Law United States energy law Vehicle law United States transportation law Renewable energy law New York (state) law United States state environmental legislation Eastern Interconnection Electric grid interconnections in North America Energy in New York (state)