New York energy law
Encyclopedia
New York energy law is the statutory
and common law
of the state
of New York
concerning the policy, conservation, and utilities involved in energy
, along with its regulation and taxation.
includes a statutory code called "Energy Law". Under New York law, "energy" and "energy resources" are defined as:
N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the consolidated statutes. 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")
16. Appliance Efficiency Standards (new)
17. Energy Information
18. Temporary Nuclear Waste Repositories
21. Energy Supply and Production
Appendix – Rules
The Bluebook
citation for McKinney's Statutes is N.Y. Engy. L., while for Consolidated laws, the citation is "Energy".
Energy and Telecommunications Committee is chaired by Senator George D. Maziarz
, a Republican
from Newfane
, in western Niagara County.
Democratic Senator Darrel Aubertine
, of upstate Cape Vincent
, Jefferson County
, was formerly chair of the committee. In 2008, the Senate referred six bills to the Assembly Energy committee, but none of them were passed. Senate Majority Leader Malcolm Smith replaced Senator Kevin Parker, of Kings County (Brooklyn
), then chair, with Aubertine on May 11, 2009, after Parker's arrest on harassment
charges. Aubertine supported an extenstion to the "Power for Jobs" state program. In November 2010, Aubertine lost re-election, and the Republicans garnered a majority.
, representing Upstate Ulster
and Dutchess counties, is chair of the New York State Assembly
Committee on Energy. As of early 2009, the Committee on Energy has an extensive agenda on its "plate". These include hearings on the New York Independent System Operator's Electricity Commodity Pricing, and the December Ice Storm power outages, and an annual report.
The Assembly Energy committee "has jurisdiction
over legislation related to energy availability and sources, policy and planning, conservation, and electric and gas rate-making in New York State." These includes any amendments
to N.Y. Energy Law and Public Service Law. It has concurrent jurisdiction
over the authorities and agencies dealing with energy, including NYSERDA, the Long Island Power Authority
, Department of Environmental Conservation
, and the Power Authority of the State of New York.
Congressman Paul Tonko
is the past chair of the Assembly Committee on Energy. Thomas O'Mara
is the current ranking member
of that committee. Andrew Hevesi
, a Democrat
from Queens County
, is chair of the Assembly Renewable Energy
subcommittee.
. 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. Among the issues he wanted to address are "enrgy generation and transmission ... public transportation ... [and] Renewable energy...." Assemblyman Cahill notes equally "abitious 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. echoes "the most ambitious clean-energy program in the nation."
The Power New York Act, enacted in July 2011, re-establishes the Article X energy plant siting law, which had expired (sunsetted) over seven years prior. The new law had overwhelmingly favorable editorial support.
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. New York collects one of the smallest amounts of revenue from extraction taxes of any state—only 5.8 percent of its overall sources. The state also has a "highway use tax".
New York also has a motor fuel tax. It requires a certification that the tax has been assumed or paid by the distributor. The state requires certain records to be kept.
New York has a statute that regulates the "Recording of solar energy easements." 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 ... [and] (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 cars, against the franchise tax
es in Tax Law §§ 183, 184, 185. It does not apply to any individual income tax
.
Other related sections include:
There are also at least two unconsolidated sections of law that refer to Energy Law, which allow for a credit against certain local taxes.
Under New York law, both the New York Attorney General or a district attorney
may prosecute alleged polluters who make oil spill
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 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
company, such as Greyhound bus, 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
.
The issue of taxation of Native American
s 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
s. The statute dictating this does not violate the Commerce clause
. The law has also been upheld as not in violation of the Equal protection clause
, based on the rational basis test.
Conservation easement
s in New York have been created by caselaw and private real estate contract
s.
announced the expansion of New York's Home Energy Assistance Program (HEAP) "to help additional households meet their home heating needs...."
" or "president" of the New York State Energy Research and Development Authority
(also called NYSERDA). The board of directors
of NYSERDA includes—as a matter of law
– several utility insiders, as well as ex officio commissioners. Vincent DeIorio, a lawyer, is chairman of the board, and Francis J. Murray Jr. is President and CEO. NYSERDA was created as a public benefit corporation
under NY law.
The regulations governing NYSERDA may be found at Parts 500–506 of the Code of Rules and Regulations. There are procedures for minutes
of meetings and approval of actions by the Governor
pursuant to law. There are specific regulations for accessing public meeting records pursuant to Freedom of Information Acts. Generators of low-level radioactive waste
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
, a privacy policy
, and the purchase of energy efficient products
.
NYSERDA funds a program, with the Farm Bureau, to assist farmers to make electricity from cow manure
, or more formally, "to install anaerobic digester gas-to-electric facilities on farms."
NYISO also organizes symposia on New York energy law. Stephen Whitley is the Chief Executive of NYISO. The past chairperson of the board, Karen Antion, has been replaced as of April 19, 2011, by Robert Hiney, the past vice-chairman.
NYISO is subject to regulation by the legislature.
may be found at Parts 450–463 of the Code of Rules and Regulations.
The Power Authority's proposed contract with Canada
and its Quebec
province, to provide energy from its extensive hydroelectric dam facilities, have generated not only power but controversy. According to the Sierra Club
:
The Sierra Club, the Innu
community, and the National Lawyers Guild
are fighting to prevent this 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 adminsitrative powers.
under New York energy law.
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of the state
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
concerning the policy, conservation, and utilities involved in energy
Energy
In physics, energy is an indirectly observed quantity. It is often understood as the ability a physical system has to do work on other physical systems...
, along with its regulation and taxation.
Energy Law (Consolidated law or statutory code)
New York StatutesNew York Statutes
New York Statutes consists of both the consolidated and unconsolidated laws of New York state.Most New York statutory laws are codified in two annotated sets of books: McKinney's Consolidated Laws of New York Annotated and New York Consolidated Laws Service...
includes a statutory code called "Energy Law". Under New York law, "energy" and "energy resources" are defined as:
N.Y. Energy Law became effective on July 26, 1976 as Chapter 17-A of the consolidated statutes. 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")
16. Appliance Efficiency Standards (new)
17. Energy Information
18. Temporary Nuclear Waste Repositories
21. Energy Supply and Production
Energy supply
Energy supply is the delivery of fuels or transformed fuels to point of consumption. It potentially encompasses the extraction, transmission, generation, distribution and storage of fuels...
Appendix – Rules
The Bluebook
Bluebook
The Bluebook: A Uniform System of Citation, a style guide, prescribes the most widely used legal citation system in the United States. The Bluebook is compiled by the Harvard Law Review Association, the Columbia Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal....
citation for McKinney's Statutes is N.Y. Engy. L., while for Consolidated laws, the citation is "Energy".
State senate
The New York State SenateNew York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...
Energy and Telecommunications Committee is chaired by Senator George D. Maziarz
George D. Maziarz
George D. Maziarz is a Republican politician from New York State. He currently represents the 62nd District in the New York State Senate, which includes Niagara County , all of Orleans County, and the western portion of Monroe County.-Biography:Maziarz is a native of North Tonawanda, New York,...
, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
from Newfane
Newfane, New York
Newfane is a town in Niagara County, New York, USA. The population was 9,666 at the 2010 census. The name was suggested by an early settler.The Town of Newfane is in the north-central part of the county, north of the City of Lockport.- History :...
, in western Niagara County.
Democratic Senator Darrel Aubertine
Darrel Aubertine
Darrel J. Aubertine was a member of the New York State Senate for the 48th district, which covers Central New York and the North Country region counties of Oswego, Jefferson and St. Lawrence in New York State. He is a registered Democrat and represented the district in the state Senate from...
, of upstate Cape Vincent
Cape Vincent, New York
Cape Vincent, New York may refer to:* Cape Vincent , New York* Cape Vincent , New York...
, Jefferson County
Jefferson County, New York
Jefferson County is a county located in the U.S. state of New York. As of the 2010 census, the population was 116,229. It is named after Thomas Jefferson, third President of the United States of America, and president at the time the county was created in 1805...
, was formerly chair of the committee. In 2008, the Senate referred six bills to the Assembly Energy committee, but none of them were passed. Senate Majority Leader Malcolm Smith replaced Senator Kevin Parker, of Kings County (Brooklyn
Brooklyn
Brooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
), then chair, with Aubertine on May 11, 2009, after Parker's arrest on harassment
Harassment
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
charges. Aubertine supported an extenstion to the "Power for Jobs" state program. In November 2010, Aubertine lost re-election, and the Republicans garnered a majority.
Assembly
Assemblyman Kevin CahillKevin Cahill
Kevin Cahill is an American politician who has represented District 101 in the New York State Assembly since 1999. District 101 comprises large portions of Ulster County and both the town and village of Rhinebeck in Dutchess County. The towns of Woodstock, Ulster, and New Paltz are all part of his...
, representing Upstate Ulster
Ulster County, New York
Ulster County is a county located in the state of New York, USA. It sits in the state's Mid-Hudson Region of the Hudson Valley. As of the 2010 census, the population was 182,493. Recent population estimates completed by the United States Census Bureau for the 12-month period ending July 1 are at...
and Dutchess counties, is chair of the New York State Assembly
New York State Assembly
The New York State Assembly is the lower house of the New York State Legislature. The Assembly is composed of 150 members representing an equal number of districts, with each district having an average population of 128,652...
Committee on Energy. As of early 2009, the Committee on Energy has an extensive agenda on its "plate". These include hearings on the New York Independent System Operator's Electricity Commodity Pricing, and the December Ice Storm power outages, and an annual report.
The Assembly Energy committee "has jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
over legislation related to energy availability and sources, policy and planning, conservation, and electric and gas rate-making in New York State." These includes any amendments
Motion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
to N.Y. Energy Law and Public Service Law. It has concurrent jurisdiction
Concurrent jurisdiction
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to...
over the authorities and agencies dealing with energy, including NYSERDA, the Long Island Power Authority
Long Island Power Authority
The Long Island Power Authority or LIPA [ "lie-pah" ], a municipal subdivision of the State of New York, was created under the Long Island Power Act of 1985 to acquire the Long Island Lighting Company 's assets and securities...
, Department of Environmental Conservation
New York State Department of Environmental Conservation
The New York State Department of Environmental Conservation is responsible for the conservation, improvement, and protection of natural resources within the U.S. state of New York. It was founded in 1970, replacing the previous Conservation Department...
, and the Power Authority of the State of New York.
Congressman Paul Tonko
Paul Tonko
Paul David Tonko is the U.S. Representative for , serving since 2009. He is a member of the Democratic Party. The district is located in the heart of the Capital District...
is the past chair of the Assembly Committee on Energy. Thomas O'Mara
Tom O'Mara
Thomas F. "Tom" O'Mara is a Republican member of the New York State Senate, representing the 53rd senate district, which includes all of Chemung, Schuyler, Steuben and Yates counties, and a portion of Tompkins County .O'Mara was raised in Horseheads, New York. He holds a B.A...
is the current ranking member
Ranking member
In United States politics, a ranking member is the second-most senior member of a congressional or state legislative committee from the majority party. Another usage refers to the most senior member of a congressional or state legislative committee from the minority party. This second usage, often...
of that committee. Andrew Hevesi
Andrew Hevesi
Andrew D. Hevesi is a Democratic member of the New York State Assembly representing the 28th Assembly District, which includes Forest Hills and Middle Village.-Early life and family:...
, a Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
from Queens County
Queens County
Queens County or Queen's County is the name of:*Queens County, New Brunswick, Canada*Queens County, Nova Scotia, Canada*Queens County, Prince Edward Island, Canada** former Queen's County...
, is chair of the Assembly Renewable Energy
Renewable energy
Renewable energy is energy which comes from natural resources such as sunlight, wind, rain, tides, and geothermal heat, which are renewable . About 16% of global final energy consumption comes from renewables, with 10% coming from traditional biomass, which is mainly used for heating, and 3.4% from...
subcommittee.
Recently enacted laws
The state has enacted, in 2007, a number of recent laws to control carbon emissions. There is also a new Article 13 of N.Y. Energy Law, the State Green Building Construction Act, in 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 LEETLeet
Leet , also known as eleet or leetspeak, is an alternative alphabet for the English language that is used primarily on the Internet. It uses various combinations of ASCII characters to replace Latinate letters...
. 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. Among the issues he wanted to address are "enrgy generation and transmission ... public transportation ... [and] Renewable energy...." Assemblyman Cahill notes equally "abitious 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. echoes "the most ambitious clean-energy program in the nation."
The Power New York Act, enacted in July 2011, re-establishes the Article X energy plant siting law, which had expired (sunsetted) over seven years prior. The new law had overwhelmingly favorable editorial support.
Related statutes
In Consolidated Laws, there are many sections that have cross-references to, or relate to, N.Y. Energy Law.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. New York collects one of the smallest amounts of revenue from extraction taxes of any state—only 5.8 percent of its overall sources. The state also has a "highway use tax".
New York also has a motor fuel tax. It requires a certification that the tax has been assumed or paid by the distributor. The state requires certain records to be kept.
New York has a statute that regulates the "Recording of solar energy easements." It requires that such easements be in writing, signed, and acknowledged with the same formalities as recording other conveyances
Conveyancing
In law, conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or a lien....
. 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 ... [and] (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 cars, against the franchise tax
Franchise tax
Franchise tax is a tax charged by some US states to corporations with a nexus with those states. The common feature of a state's franchise tax is that it is not based on income...
es in Tax Law §§ 183, 184, 185. It does not apply to any individual income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
.
Other related sections include:
- 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.Under New York law, both the New York Attorney General or a district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
may prosecute alleged polluters who make oil spill
Oil spill
An oil spill is the release of a liquid petroleum hydrocarbon into the environment, especially marine areas, due to human activity, and is a form of pollution. The term is mostly used to describe marine oil spills, where oil is released into the ocean or coastal waters...
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 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
Bus
A bus is a road vehicle designed to carry passengers. Buses can have a capacity as high as 300 passengers. The most common type of bus is the single-decker bus, with larger loads carried by double-decker buses and articulated buses, and smaller loads carried by midibuses and minibuses; coaches are...
company, such as Greyhound bus, 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
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
.
The issue of taxation of Native American
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
s 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
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
s. The statute dictating this does not violate the Commerce clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
. The law has also been upheld as not in violation of the Equal protection clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
, based on the rational basis test.
Conservation easement
Conservation easement
In the United States, a conservation easement is an encumbrance — sometimes including a transfer of usage rights — which creates a legally enforceable land preservation agreement between a landowner and a government agency or a qualified land...
s in New York have been created by caselaw and private real estate contract
Real estate contract
A real estate contract is a contract for the purchase/sale, exchange, or other conveyance of real estate between parties. Real estate called leasehold estate is actually a rental of real property such as an apartment, and leases cover such rentals since they typically do not result in recordable...
s.
Regulatory law, generally
General energy regulations may be found at Title 9, Subtitle BB, of the New York Code of Rules and Regulations. Changes to the rules are published in the New York Register.Benefits in NY law
Assemblyman Ronald CanestrariRonald Canestrari
Ronald J. "Ron" Canestrari is an American politician and a Democratic member of the New York State Assembly representing Assembly District 106, which includes parts of Albany, Rensselaer and Saratoga counties, sections of the cities of Albany and Troy, and all of the cities of Cohoes and...
announced the expansion of New York's Home Energy Assistance Program (HEAP) "to help additional households meet their home heating needs...."
NYSERDA
The chief regulator for the Energy Law is the "CommissionerCommissioner
Commissioner is in principle the title given to a member of a commission or to an individual who has been given a commission ....
" or "president" of the New York State Energy Research and Development Authority
New York State Energy Research and Development Authority
The New York State Energy Research and Development Authority , established in 1975, is a public benefit corporation, located in Albany, New York, with regional offices in NYC, Buffalo, and West Valley....
(also called NYSERDA). The board of directors
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
of NYSERDA includes—as a matter of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
– several utility insiders, as well as ex officio commissioners. Vincent DeIorio, a lawyer, is chairman of the board, and Francis J. Murray Jr. is President and CEO. NYSERDA was created as a public benefit corporation
Public benefit corporation
A public-benefit corporation is a public corporation chartered by a state designed to perform some public benefit.A public authority is a type of public-benefit corporation that takes on a more bureaucratic role, such as the maintenance of public infrastructure, that often has broad powers to...
under NY law.
The regulations governing NYSERDA may be found at Parts 500–506 of the Code of Rules and Regulations. There are procedures for minutes
Minutes
Minutes, also known as protocols, are the instant written record of a meeting or hearing. They typically describe the events of the meeting, starting with a list of attendees, a statement of the issues considered by the participants, and related responses or decisions for the issues.Minutes may be...
of meetings and approval of actions by the Governor
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
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
Radioactive wastes are wastes that contain radioactive material. Radioactive wastes are usually by-products of nuclear power generation and other applications of nuclear fission or nuclear technology, such as research and medicine...
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
Accounts payable is a file or account sub-ledger that records amounts that a person or company owes to suppliers, but has not paid yet , sometimes referred as trade payables. When an invoice is received, it is added to the file, and then removed when it is paid...
, a privacy policy
Privacy policy
Privacy policy is a statement or a legal document that discloses some or all of the ways a party gathers, uses, discloses and manages a customer or client's data...
, and the purchase of energy efficient products
Efficient energy use
Efficient energy use, sometimes simply called energy efficiency, is the goal of efforts to reduce the amount of energy required to provide products and services. For example, insulating a home allows a building to use less heating and cooling energy to achieve and maintain a comfortable temperature...
.
NYSERDA funds a program, with the Farm Bureau, to assist farmers to make electricity from cow manure
Manure
Manure is organic matter used as organic fertilizer in agriculture. Manures contribute to the fertility of the soil by adding organic matter and nutrients, such as nitrogen, that are trapped by bacteria in the soil...
, or more formally, "to install anaerobic digester gas-to-electric facilities on farms."
NYISO
New York has an Independent System Operator, the New York Independent System Operator (NYISO). NYISO is the non-profit agency charged by New York with auctions of energy supplies. Specifically, NYISO:NYISO also organizes symposia on New York energy law. Stephen Whitley is the Chief Executive of NYISO. The past chairperson of the board, Karen Antion, has been replaced as of April 19, 2011, by Robert Hiney, the past vice-chairman.
NYISO is subject to regulation by the legislature.
Power Authority
The regulations governing the Power Authority of the State of New YorkNew York Power Authority
The New York Power Authority , officially the Power Authority of the State of New York , is a New York State public benefit corporation and the largest state-owned power organization in the United States. NYPA provides some of the lowest-cost electricity in New York State, operating 17 generating...
may be found at Parts 450–463 of the Code of Rules and Regulations.
The Power Authority's proposed contract with Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and its Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
province, to provide energy from its extensive hydroelectric dam facilities, have generated not only power but controversy. According to the Sierra Club
Sierra Club
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. It was founded on May 28, 1892, in San Francisco, California, by the conservationist and preservationist John Muir, who became its first president...
:
The Sierra Club, the Innu
Innu
The Innu are the indigenous inhabitants of an area they refer to as Nitassinan , which comprises most of the northeastern portions of the provinces of Quebec and some western portions of Labrador...
community, and the National Lawyers Guild
National Lawyers Guild
The National Lawyers Guild is an advocacy group in the United States "dedicated to the need for basic and progressive change in the structure of our political and economic system . ....
are fighting to prevent this proposed contract, which would have to be approved by Governor Paterson
David Paterson
David Alexander Paterson is an American politician who served as the 55th Governor of New York, from 2008 to 2010. During his tenure he was the first governor of New York of African American heritage and also the second legally blind governor of any U.S. state after Bob C. Riley, who was Acting...
under his regulatory authority.
The Power Authority has been criticized by scholars for "missed opportunities" in using its adminsitrative powers.
Scholarship and research
The Fordham Environmental Law Journal hosted a panel about citing electric generators in New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
under New York energy law.
External links
- NYSERDA official website
- NYS Public Service Commission official website and NYS Public Service Commission consumer website
- The Energy Association of New York State website
- Legal Updates on Energy Issues in New York
- Roberta Macklin website with links about energy, sustainability, and the environment
- U.S. Energy Information Administration website