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New York

New Yorkers Speak Up in Support of Solar for All

New York made notable progress this legislative session on a proposal to open up access to affordable solar energy to all energy customers. Assembly Bill 9931 / Senate Bill 7727 would have enabled shared solar arrangements in which customers could subscribe to a local solar or wind project, and receive credit on their utility bills for their portion of the clean power produced.

This legislation would have built on the impressive success of the New York solar market to date – in 2013, $343 million was invested in NY to install solar on homes and businesses, with enough solar installed in the state to power 41,700 homes. Yet the traditional panels-on-your-roof approach to solar simply doesn’t work for the majority of New Yorkers, including renters, families and businesses in multi-unit buildings, homeowners with shaded roofs, and plenty of other would-be solar customers. Shared solar legislation would give these New Yorkers the opportunity to choose affordable solar energy for the first time.

The bill, sponsored by Democratic Assemblywoman Amy Paulin and Republican Senator George Maziarz, made it all the way to the Assembly floor on the last day of the legislative session (June 19) but ultimately the legislature did not vote on it this year.

At Vote Solar we know all too well that passing important legislation is often a multi-year endeavor, and so the broad coalition of organizations supporting this campaign – including local environmental groups, solar businesses, affordable housing advocates, and even our favorite Oscar-nominated renewable energy advocate Mark Ruffalo – deserves a shout out for its work this session:

We held dozens of positive meetings with legislators on both sides of the aisle, discussing how shared clean energy can benefit New Yorkers from Buffalo to Binghamton to the Bronx
8,115 New Yorkers signed a petition or sent letters of support to their elected officials
The shared solar approach was even featured in the New York Times

New York is turning heads with its forward-thinking approaches to energy planning, and we’re confident that with your help the Empire State can make solar for all a reality in 2015.

07/02/2014 1 comment

Renewable Energy

Revolutionizing the Utility Model in New York

written by The Vote Solar Initiative

On the heels of New York’s historic commitment to develop ten times more solar, the state is continuing to think big and bold when it comes to transforming its energy landscape.

This week, the New York Public Service Commission (PSC) kicked off a major proceeding called ‘Reforming the Energy Vision’ (REV) that aims to fundamentally rethink how electric utilities do business (details here). The main thrust is to move towards an energy landscape that is increasingly decentralized with consumers playing a more active role in climate-friendly energy decisions.

Rethinking the century-old utility paradigm continues to be a hot topic as growing consumer demand for solar and other distributed energy resources raises fundamental challenges and questions. And New York regulators want to take these questions head-on and make bold changes to support the energy future that New Yorkers want for their state. “Business as usual just doesn’t cut it anymore,” suggested Public Service Commission Chair Audrey Zibelman, as quoted in a recent New York Times editorial.

We couldn’t have said it better ourselves. New Yorkers want more clean, renewable energy powering their homes, businesses and communities – as stated by Zibelman, our outdated utility system is simply not designed to support that local, decentralized and clean energy.

We need a new utility model that’s built from the ground up to allow New Yorkers to take action into their own hands and repower their state with sunshine and other clean energy resources. As this process unfolds before the PSC, we believe state regulators should pay special attention to these three goals as they’re considering what comes next:

Build a more inclusive clean energy marketplace that allows and even encourages direct customer participation.
Design an energy marketplace that properly recognizes and rewards the very real value of that clean, local power to the state’s grid, public health, environment, and economy.
Ensure that existing programs – like NY-Sun, the Renewable Portfolio Standard, Energy Efficiency Portfolio Standard and Systems Benefit Program – can continue to fulfill their purpose of successful market transformation in the new energy marketplace.

The PSC will be deliberating the REV over the coming months, and likely years. We are happy to see the agency starting by designing an inclusive and transparent process that will give stakeholders like Vote Solar the opportunity to weigh in along the way. We look forward to participating in this exciting visioning process with our own focus on empowering New Yorkers to go solar.

05/16/2014 2 comments

Renewable Energy

Time to Celebrate! Ten Times More Solar for New York

written by The Vote Solar Initiative

New York State regulators just approved a plan to extend Governor Cuomo’s successful NY-Sun Initiative solar program through 2023. This historic clean energy commitment will result in ten times more affordable solar up and down the state. In other words: it’s time to solar-brate!

Today’s decision is the result of more than five years of blood, sweat and tears from our team, our members, and our strong coalition of environmental, consumer and business groups. Together we have sent tens of thousands of emails urging policymakers to establish a big, bold solar program for New York. We’ve channeled New York’s support for solar through Solar Job Days from Buffalo to Long Island, a Times Square photo contest, and one meme-worthy ‘solar spill’ billboard. Even Actor Mark Ruffalo took a break from playing a big, green superhero to speak up for the state’s big and green solar opportunity.

We are tremendously grateful to all of the New York solar supporters whose voices and actions got us to this win – and especially to Governor Cuomo who turned that support into action with his NY-Sun leadership.

Increased investment in local solar energy is already helping to build a clean, safe and more resilient energy supply throughout New York. Since Governor Cuomo launched the NY-Sun Initiative in 2012, solar energy development has surged bringing with it quality jobs, cleaner air, and valuable distributed generation for a stronger grid. NY-Sun has resulted in almost 300 megawatts (MW) of solar capacity, more than was installed in the entire decade prior to the program. According to The Solar Foundation, the growing solar industry now employs 5,000 New Yorkers, ranking the state 5th in the nation for solar job creation.

And those economic benefits don’t stop with the solar industry itself. Solar is giving New York families, schools and businesses control over rising electricity costs like never before. Take the case of GAL Manufacturing, which builds elevator parts at their Bronx factory. Thanks to NY-Sun, they now use solar to help power their operations. If you go to a game at nearby Yankee stadium, keep an eye out for their impressive 988 panel solar array. The 100-year old business has been part of the New York City community for generations. In a Journal-News op-ed Vice President Paul Seifried said, ”We’re proud to continue that tradition by being good stewards of the community and reducing pollution — but we went solar because it made good business sense.” Solar is reducing the company’s electricity bills to the tune of $50,000 each year, savings that allow them to stay, grow and create manufacturing jobs right in New York.

Originally launched as a two-year pilot program, NY-Sun has quickly delivered on its promise of driving solar industry growth and making solar more affordable. Extending the successful program through 2023 means that many more New York energy consumers like GAL will be able to go solar.

The expected 3,000 megawatts of new solar capacity will be enough to power nearly 500,000 New York homes and cut greenhouse gas emissions by 2.3 million tons annually. Private investment in solar at this scale reduces the need for utilities to build expensive, polluting power plants and transmission infrastructure, which can help keep rates low for all New Yorkers. The plan’s long-term horizon provides invaluable policy certainty so that industry and consumers can invest with confidence in the state’s solar market over the coming years. By keeping energy dollars invested in New York communities, we calculate that the program will spur $8.3 billion dollars in local economic activity and support 10,000 local solar jobs. And its smart design puts the local industry on a growth path to provide New Yorkers with affordable, competitive solar free of direct state incentives. In other words, today is a big day for New York solar!

As Paul and anyone else in business will tell you, “certainty creates confidence and confidence creates the opportunity for growth.” We thank Governor Cuomo, NYSERDA and the PSC for giving New York solar that opportunity to shine.

04/24/2014 3 comments

Renewable Energy

Zoning Laws Stop Wind Farm Development

written by Stuart Kaplow

The application of zoning laws, many of which date to the 1920s are bringing alternative energy projects to a halt in 2014.

In a recent New York case, the Town of Allegany issued a special use permit to a landowner on July 11, 2011, allowing it to construct a wind farm. The Town notified the landowner that its permit would “expire if construction has not commenced within a year of approval.” On June 11, 2012, the Town extended the deadline “until the earlier of” one year or 90 days after the “conclusion of the” lawsuit commenced against the Town by a citizens’ group, Concerned Citizens of Cattaraugus County, which opposed the project.

By letter dated August 3, 2012, petitioner advised the Town that it was “considering use of alternate turbine models” for the project. Petitioner thereafter requested a second extension of the special use permit, but the Planning Board denied that request at its October 15, 2012 meeting.

The Supreme Court of the State of New York, in Allegany Wind LLC v Planning Board of Allegany, 2014 WL 1099718 (NYAD 4 Dep. 3/21/2014), concluded that, contrary to the landowner’s contention, there was a material change in circumstances since the special use permit had been issued, and that the Planning Board’s refusal to extend the special use permit for a second time was not arbitrary or capricious. When the special use permit was granted, the landowner was going to use Nordex N1000 turbines. It was undisputed that, by the time landowner requested its second extension of the permit, it proposed using alternate turbine models because that model was no longer being produced and less expensive more energy producing turbines had become available during the pendency of the lawsuit. The Town determined that a change in turbine models would constitute a change in circumstances sufficient to warrant reconsideration of the project.

The landowner also argued the time period should be tolled because, until the litigation was resolved, it could not obtain necessary financing and could not commence construction of the wind farm. The high court rejected that further contention that the expiration date of its special use permit was tolled during the pendency of the lawsuit.

Most zoning laws, including those in New York, do not provide for or otherwise recognize an equitable doctrine that would allow for the tolling of the time period of zoning approvals. Such is a bar to large and expensive projects that require special zoning approvals, as many alternative energy projects do. Interestingly, most legacy electric utility projects ‘are permitted as of right’ in all zoning districts, while zoning laws require special exceptions or special use permits or the like for many alternative energy projects.

Historic zoning laws need to be brought into the contemporary era. Electricity in the 1920s, when many of today’s zoning laws were written, powered the Edison light bulb. Today, that light bulb is illegal and electrons drive our socio-technological trends powering the information age. Modern alternative energy projects must not be allowed to be halted by old fashioned zoning laws.

Article by Stuart Kaplow, appearing courtesy Green Building Law Update.

04/23/2014 0 comment

Green Building

LEED Law Intersects Miracle on 34th Street

written by CleanTechies.com Contributor

On March 18th the Tomkins County legislature enacted a new local law providing for up to a 10 year property tax abatement for construction achieving LEED certification.

Tomkins County, New York which includes the Ithaca area, was named for Daniel Tomkins. Tompkins may be best known because he was mentioned by Kris Kringle in the 1947 film Miracle on 34th Street. The onscreen line was incorrect, however, in that Kringle said Tompkins served as Vice President of the United States under John Quincy Adams when in fact he was elected on the ticket with James Monroe in 1816 (.. but you knew that).

In 2012, New York enacted NYCL RPT § 470 enabling local governments to exempt green buildings from real property taxes. For the exemption to apply, the local government must adopt an appropriate ordinance. The state statute describes new construction or improvements and that a project must meet the LEED, Green Globes, American National Standards Institute, or substantially equivalent green building certification standards.

Tomkins County, desiring “to encourage sustainable practices,” enacted Local Law A of 2014, effective on the date of enactment, providing for up to a 10 year property tax abatement for building achieving LEED certification (and the law does not include the other permissible green building rating systems). The amount of the exemption permitted varies by year and by the certification level achieved. LEED Silver, Gold and Platinum projects each are exempted from 100% of property taxes for 3 years and then taxes are re established with a sliding scale over 10 years, with the most generous tax incentives being awarded to Platinum building.

The maximum taxable value to be abated under the proposed law would be $100,000.

The local law was one of the ‘Top 22’ priority projects in the Cleaner Greener Southern Tier Plan, which was developed with input from community residents, businesses, and government to develop a regional sustainability plan to improve the economic and environmental health of the area.

The County is home to Cornell University, Ithaca College and Tomkins Cortland Community College, and these institutions have LEED buildings on campus, but there are no other LEED certified buildings in the Ithaca area.

A real property tax exemption is the most common local government incentive for Green building. In a recent survey of local government green building laws across 100 jurisdictions, overwhelmingly the most often granted incentive for a LEED certified building was an abatement of real property taxes.

Article by Stuart Kaplow, appearing courtesy Green Building Law Update.

03/24/2014 0 comment

Renewable Energy

It is Settled – The Wind Blows in Prattsburgh

written by Walter Wang

After a failed moratorium and years of litigation to void a settlement agreement, 34 wind turbines may finally be erected in the Town of Prattsburgh, New York.

Wind is one of the cleanest and most sustainable means of generating energy but some in the

01/15/2014 0 comment

Renewable Energy

5 Reasons for New York Solar Greatness

written by The Vote Solar Initiative

For more than 5 years, Vote Solar and our partners have tirelessly advocated for big, bold solar policy in New York State. Today, we’re thrilled to see that vision becoming reality! Just last week, the New York State Energy Research and Development Authority (NYSERDA) petitioned state regulators to extend the state’s landmark NY-Sun Initiative

01/13/2014 0 comment

Renewable Energy

New York Regulators Bring the Holiday Cheer

written by Walter Wang

At today’s New York Public Service Commission meeting, the Commission voted to approve a petition from the New York State Energy Research and Development Authority (NYSERDA) to fund the state’s transformative NY-Sun program through 2015. The Commission’s approval of $216 million will support roughly 260 megawatts (MW) of

12/20/2013 0 comment

Renewable Energy

Rise and Shine With NY Clean Energy

written by The Vote Solar Initiative

If clean energy policy is what you wake up for in the morning, New York must have had you really jumping out of bed over the past week. In addition to releasing their plans to enhance and expand the NY-Sun Initiative through 2023, the New York State Energy Research and Development Authority (NYSERDA) has released a bold vision to drive

09/23/2013 0 comment

Renewable Energy

Solar is Helping NY Tackle High Electricity Costs

written by Walter Wang

New York has some of the highest electricity rates in the nation. But now more and more New Yorkers are turning to reliable solar to help manage their electricity costs.

Governor Cuomo just announced the latest round of the NY-Sun Competitive PV program, which will support 79 new solar projects totaling 64 Megawatts

07/11/2013 1 comment

Renewable Energy

State of Play With New York Solar Bill

written by Walter Wang

Here’s the state of play with the 2.2 GW New York solar bill.

Last week, the Assembly passed their version (5060d), 76-16. Earlier, in April, the Senate passed their version (S2522) unanimously.

The good news: both bills are for 10 year, 2.2 GW solar programs that will transform New York’s solar

06/24/2013 0 comment

Renewable Energy

Net Metering Win Will Help Keep NY Shining

written by Walter Wang

Great news from New York. No – it’s not that lawmakers have successfully delivered massive solar legislation to the Governor’s desk (YET!). But almost as great. In anticipation of an explosion of solar growth from Governor Cuomo’s NY-Sun Initiative, the New York Public Service Commission just approved a decision to triple the state’s net metering cap. More details and the decision

06/14/2013 0 comment

Renewable Energy

Sunny Earth Day for the New York State Legislature

written by Walter Wang

Solar is really shining in Albany’s Earth Day activities this year. This week, the New York State Senate unanimously passed legislation to extend the successful NY-Sun program for 10 years and make New York a real solar powerhouse – on to the Assembly! Between the Senate vote and the Governor introducing similar legislation of his own earlier this week, there’s serious momentum for

04/25/2013 1 comment

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